1. Terms

Introduction to Cusma Group’s Terms and Services

Each time you access or use Cusma Group’s online and/or mobile services and websites, including but not limited to any Cusma Group mobile application and browser extension or plugin (collectively the “Cusma Group Apps”), regardless of where it is downloaded from, and any software, service, feature, product, program and element provided by or on behalf of Cusma Group on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:

  • Cusma Group  888, 3rd street, SW, 10th floor Bankers Hall West, Suite 1000, Calgary AB, Canada., and/Any references to “Cusma Group” or “we” in this Agreement shall mean the applicable entity as set forth above.

The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search (“Job Seekers”), by individuals and/or organizations seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Employers”), and by individuals and/or organizations seeking to participate in the Cusma Group Publisher Program (“Publishers”). Cusma Group may also act as an employment agency on behalf of Employers who purchase such services, through its affiliates such as Cusma Group Inc. You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement. If you are using assistive technology to access the Site and you need help, you can call Cusma Group at 1-800-462-5842 (United States) or 1-866-439-8615 (Canada), or contact us. You acknowledge that Cusma Group owns a copyright in the Site, Cusma Group Apps, and Services, including in compilations of information available through any of the foregoing.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

Please note that www.candidates4u.com is directly or indirectly owned by a publicly traded Canadian parent company, Cusma Group Inc.

We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Please view our full Modern Slavery Act statement for more details.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Cusma Group through the Site, or otherwise made available to you by Cusma Group. By accessing or using the Site or any Cusma Group product, program, or service, you agree to be bound by the Cusma Group Terms of Service, including the “Terms of Service for All Users,” any additional terms and conditions posted by Cusma Group through the Site or otherwise made available to you, and:

Cusma Group General Terms of Service

Last Updated: March 21, 2022

  1. Terms of Service for Job Seekers
  2. Job Ads or Job Listings

Cusma Group may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through Cusma Group’s search results or otherwise through the Site. Searching for Job Ads on Cusma Group is free for Job Seekers. Job Ads are created and provided by third parties over whom Cusma Group exercises no control; you acknowledge and understand that Cusma Group has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although Cusma Group endeavors not to make such Job Ads available on the Site. If you leave the Cusma Group Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Employer websites may have conversion trackers or use APIs and other functionality provided by Cusma Group, which informs us that an application has been completed on an Employer site. An Employer who installs such functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that Cusma Group has no control over such an Employer or its website. You agree to Cusma Group’s use of, and receipt of information from, any such conversion tracker functionality. Except for sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. Cusma Group has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that Cusma Group has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Cusma Group assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, Company Pages, screener questions and responses, and assessments. Additionally, Cusma Group may provide search options to narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by Cusma Group, and may not directly or accurately reflect the content of the Job Ads. Cusma Group may reformat Job Listings so that you may read them more clearly on a mobile phone. Placement of a Job Ad on a certain page (for example, on Cusma Group Gigs) is not a representation regarding the nature of the role for legal purposes. While Cusma Group may in some circumstances be compensated by employers who post Job Ads, helping keep Cusma Group job search free for Job Seekers, all Job Ads are considered advertising. Cusma Group displays Job Ads based on a combination of compensation paid by employers to Cusma Group and relevance, such as search terms, and other information provided and activities conducted on Cusma Group. You are not permitted to use Cusma Group’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the Cusma Group General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. Cusma Group may provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. Cusma Group cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.

  1. Resumes, Profile, and Recommended Jobs

By creating a public resume through the Site (“Cusma Group Resume”) or uploading a file resume on the Site (collectively, “Your Resume” or “Job Seeker Resume”), you are requesting and authorizing Cusma Group to make available Your Resume to third parties, such as Employers, that Cusma Group believes may have an interest in Your Resume. If you do not want Cusma Group to make available Your Resume to third parties or if you do not want Employers to contact you, set your Cusma Group Resume and uploaded file resume to private. Setting Your Resume to private will not affect your previous applications or prevent employers you responded to from contacting you. You can read more about resume privacy here.

By creating an Cusma Group Resume or uploading a file resume on Cusma Group, Cusma Group may share with you Job Ads that match the contents of Your Resume. Cusma Group may also highlight to you items in Your Resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from Your Resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where Cusma Group highlights items or a Job Ad is shared with you, Cusma Group assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By creating or uploading Your Resume, you are requesting and authorizing Cusma Group, or an Cusma Group vendor, to review or scan Your Resume and provide you feedback (in Cusma Group’s discretion), including suggested changes. Cusma Group assumes no responsibility and disclaims all liability for any changes you make based on any provided feedback. Cusma Group assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. By uploading a file resume on the Site, you agree that Cusma Group may convert your file resume to a different file type. It is your responsibility to review Your Resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Cusma Group to do so. It may take a few days for updates to your account or resume to be reflected. To mitigate fraud, Cusma Group may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your Resume or application, and may substitute it with an alias. Cusma Group makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in Cusma Group’s sole discretion. Cusma Group reserves the right to limit your ability to set Your Resume to public, and may toggle a public resume to private, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in Cusma Group’s discretion. Cusma Group makes no guarantee that Your Resume will be shown to any particular Employer or that any portion of the Cusma Group Resume database will be available to an Employer at any particular time.

If you have an Cusma Group account, an Cusma Group Resume, or an uploaded file resume, you agree that Cusma Group may associate Your Resume data with your profile on Cusma Group (“Cusma Group Profile”). Your Cusma Group Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your Cusma Group Resume, your scores on any Cusma Group Assessments you may have taken and any information that you choose to include, such as your desired job title, job types, work schedule, whether you are ready to work, or pay. Information in your Cusma Group Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers. If you do not want Cusma Group to make your Cusma Group Profile available to third parties or if you do not want Employers to contact you, set your Cusma Group Resume and uploaded file resume to private or remove Your Resume. Your response to an Cusma Group Assessment will be associated with your Cusma Group Profile. You may choose whether your Cusma Group Assessment response is available to Employers viewing your Cusma Group Profile. You can enable the ready to work feature on your profile to let Employers know that you can start work immediately. Cusma Group may disable that feature from your profile after a certain time, but you can manually enable it again.

Cusma Group may also automatically send you recommended jobs via the email address you use to create an Cusma Group account or apply to a job. Cusma Group may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself (including in Your Resume and Cusma Group Profile), searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Cusma Group.

  1. Applying to Jobs Through Cusma Group

Any resume or application information that you submit through the Site, including Personal Data included in a resume, application or responses to screener questions and assessments (“Cusma Group Apply”), is subject to this Agreement (including Section D.3.) and to Cusma Group’s Privacy Policy. Prior to submitting an application, you acknowledge that you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, email, or otherwise), Cusma Group does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. (All references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with Cusma Group”, “RSVP to hiring event” or any similar references mean “Cusma Group Apply.”) Cusma Group may use your application materials to determine whether you may be interested in a Job Listing, and Cusma Group may reach out to you about such Job Listing. Cusma Group may store such information regardless of whether a Job Listing has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, Cusma Group in its sole discretion may impose limits on your ability to apply to Job Listings or to other Cusma Group services. In addition, when you indicate your interest in a Job Listing through Cusma Group Apply or by RSVPing to a hiring event you are sending your resume and application information to Cusma Group, and you are requesting and authorizing Cusma Group to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask Cusma Group to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via Cusma Group Apply or Cusma Group’s relay system, or store such application, you understand that this is without warranty, and that Cusma Group reserves the right to reformat such application or message.

You acknowledge and agree that Employers may request that Cusma Group assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to Cusma Group into one document, and you agree that in doing so, Cusma Group assembles these application materials on your behalf. When you apply for a job on Cusma Group you agree to Cusma Group’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Cusma Group being processed and analyzed by Cusma Group according to this Agreement and Cusma Group’s Privacy Policy.

When you apply to a job using Cusma Group Apply, Cusma Group will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) selected by the Employer. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. Cusma Group also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. Further, Cusma Group does not guarantee that the interface will be error-free. However, Cusma Group may alert you when any of the above events occur. Please note that Job Ads may expire between the time you submit your application and from the time it is received. Cusma Group has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration. In addition we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to ATSs. Third party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on Cusma Group, do not use the Cusma Group Apply or Cusma Group relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through Cusma Group. By using the Cusma Group Apply system, you fully consent to the above.

If you require alternative methods of screening or application you must approach the Employer directly to request such as Cusma Group is not responsible for the Employer application process.

By using Cusma Group, you agree that Cusma Group is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that Cusma Group does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Cusma Group does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. Cusma Group cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. Cusma Group may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and Cusma Group does not guarantee that updating a resume or application will result in any job offer. Cusma Group does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. Cusma Group cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. Cusma Group recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. Cusma Group does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

Cusma Group may send you a notice relating to account security, such as informing you that you may have recently interacted with a compromised account. Cusma Group cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Cusma Group bears no responsibility for doing so. Cusma Group makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

Cusma Group may use your application materials (including resumes and responses to screener questions) and the recency of your activity on Cusma Group to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. You agree and consent that Cusma Group may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. Cusma Group may also use such information in order to improve the Site or any other Cusma Group product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). Cusma Group may also highlight to you items in your prior application materials (including items in your resume and past responses to screener questions) that may match qualifications from the Job Listing, or highlight to you items that appear in the Job Listing that may not match your application materials. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Listings does not guarantee job interviews or hiring. Even where Cusma Group highlights items or a Job Listing is shared with you, Cusma Group assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Listings or highlights.

By using Cusma Group Apply and answering screener questions, you acknowledge that Employers may have instructed Cusma Group to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that Cusma Group has no discretion in the transmission of these rejections. Cusma Group may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Cusma Group to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer, unless the Employer indicates to Cusma Group their interest in your application. You acknowledge and agree that Cusma Group has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application on Cusma Group within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by Cusma Group (for example, calling or emailing you directly instead of through an Cusma Group Relay Service) are not visible to Cusma Group, and would not by themselves prevent an Employer Assist rejection notice from being sent. Cusma Group assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of any Employer Assist notices.

By using Cusma Group Apply and answering screener questions, you acknowledge that Employers may have instructed Cusma Group to schedule interviews with Job Seekers who meet criteria (based on information the Job Seeker has provided to Cusma Group, such as answers to screener questions, resume, and Cusma Group Assessment Responses) that the Employers have selected, and based on the Employers’ availability. You agree that Cusma Group has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the availability or criteria the Employer provided to Cusma Group may not be accurate. Cusma Group may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately your and the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time.

When you search for jobs on the Cusma Group Job Search app and proceed to apply for a job, including jobs on third party sites, Cusma Group may suggest information from your Cusma Group profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application. 

For Job Seekers located in Japan, you acknowledge that when contacted by Cusma Group, presented as Cusma Group Hire (hereinafter referred to as “Cusma Group Hire Japan”), Cusma Group is acting as an employment placement business provider (as defined under applicable law). Cusma Group Hire Japan offers the services in accordance with these terms and the rules set forth in its website. Cusma Group Hire Japan will only send you Job Listings that Cusma Group Hire Japan determines may be of interest to you. You may also end your relationship with Cusma Group Hire Japan at any time.

You acknowledge that as part of its efforts to combat fraud and spam, Cusma Group may require that users verify their email address. When you apply to a job through Cusma Group, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.

  1. Communications and Other Actions on the Site

When you view, send, store or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, Cusma Group may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Cusma Group product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, Cusma Group may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. Cusma Group may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online or active on Cusma Group, and you hereby consent to Cusma Group taking such actions.

If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser.

Cusma Group may offer you the opportunity to receive a text message interview reminder from Cusma Group when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the Cusma Group consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. Cusma Group will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. Cusma Group only calls the number that you generated and stored when you provided your number to Cusma Group. In the event you change your phone number, you agree to promptly update your Cusma Group account with the new number. You agree that by providing your phone number or using the Site, you are establishing a business relationship with Cusma Group and that Cusma Group may send you text messages in connection with that relationship. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.

Cusma Group may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by Cusma Group. Your standard calling rates with your phone provider will apply.

You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, Cusma Group Apply, Cusma Group Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through Cusma Group. Cusma Group disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Cusma Group may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that Cusma Group is not responsible or liable for the manner in which the Employer uses the info. If an Employer sends an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third party email client), this may affect the way messages on Cusma Group are displayed. In this case, it is best to view the email conversation in the third party email client. Should you choose to send an email from a third party email client, the person with whom you are communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Cusma Group policies, content moderation, and to improve the Site or any other Cusma Group product or service.

Cusma Group may enable chatbots, which allows you to take certain actions on the Site, such as apply to a job, schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. Cusma Group is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) the Chatbot or from the information you submit via the Chatbot.

Cusma Group reserves the right to turn on or enable Cusma Group Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that Cusma Group Chat or other communication options are available for a particular job or Employer. For Cusma Group Chat, you may access or view your messages by visiting your Cusma Group Chat messages dashboard. Cusma Group may, in its sole discretion, turn off or disable Cusma Group Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using Cusma Group Chat to communicate with an Employer, Cusma Group will deliver your messages as instructed by the Employer.

  1. Virtual Communications

Employers may offer you the opportunity to participate in virtual and remote communications using Cusma Group products, including but not limited to, Cusma Group Interview, Cusma Group Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that Cusma Group is not a telecommunications service provider and that Cusma Group is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. Cusma Group does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. Cusma Group is not liable for any claims arising out of your use of Virtual Interviews and you release Cusma Group from any such claims.
You understand that Cusma Group does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.

NOTICE – Virtual Interviews May be Recorded: You understand that an Employer may enable the recording of a Virtual Interview. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by an Employer on Virtual Interview. If you do not agree to be recorded, you must immediately leave the Virtual Interview. By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that Cusma Group and third party providers can store, access and analyze the recording. Also, you agree that an Employer activating the recording function, and subsequently accessing, storing, using, or analyzing the recording is outside of Cusma Group’s control. YOU FURTHER AGREE THAT CUSMA GROUP IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE CUSMA GROUP FROM ANY SUCH CLAIMS.

YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT CUSMA GROUP IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. CUSMA GROUP ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT CUSMA GROUP DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

  1. Cusma Group Assessments

Cusma Group Assessments is an online tool for the provision and review of skills assessments selected by Employers (“Assessments”) and responses from Job Seekers (“Responses”) through the Site. Employers may use the Cusma Group Assessments tool to send you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use the Cusma Group Assessments platform to review the Response. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment.

An Assessment only evaluates a particular skill. It does not evaluate a Job Seeker’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer. An Employer is the sole party to determine whether a Response indicates a qualified Job Seeker. Employers may have instructed Cusma Group to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that Cusma Group has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.

You acknowledge and understand that Employers (or their employment agencies) select which Assessments to associate with their job openings, and that Cusma Group does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment. You further agree that Cusma Group is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law, and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer. Cusma Group may provide a means by which you may request such an alternative method or other accommodation from the Employer; Cusma Group does not guarantee the Employer’s receipt of, or response to, any such request. While Cusma Group is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, Cusma Group does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law.

You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.

Cusma Group does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response in the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice. Assessment links sent to you may continue to be active after an Employer has paused or closed their job campaign on Cusma Group. Once an Employer pauses or closes their Job Ad (for example, after the Employer has made a hire), Cusma Group cannot guarantee that the Employer will view any related notices or updates, including Assessments, Responses, and accommodation requests. You may still choose to take the Assessment for the purpose of adding its results to your Cusma Group Profile or for another job application.

Cusma Group may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with your Cusma Group Profile. You may choose whether the Response is available to Employers viewing your Cusma Group Profile, though Cusma Group will count the Response for purposes of generating aggregate Response statistics even if Your Response is hidden.

You may be invited to choose to automatically share your Responses to specific Assessments with other employers who request the same skills test from you in the future as part of the job application process. Note that this is a completely separate preference from sharing settings on your Cusma Group Profile, which only controls whether your results are available on your Cusma Group Resume. If you choose to automatically share your Responses to specific Assessments with other employers who request the same skills test from you as part of the job application process, you acknowledge that Cusma Group has no discretion in the transmission or storage of the Assessments Responses you choose to share automatically, and that transmission or storage is not guaranteed.

As a Job Seeker, you consent to your Responses, applications, and any other communications sent through Cusma Group Assessments being processed and analyzed by Cusma Group according to this Agreement and Cusma Group’s Privacy Policy. You are requesting and authorizing Cusma Group to make your Response available to the Employer providing the Assessment, or (in the case of Assessments selected by you) to any Employer viewing Your Cusma Group Profile. You understand that this is without warranty, and that Cusma Group reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other Job Seekers. Cusma Group may aggregate the results of all Job Seeker-selected Assessments for the purpose of displaying the percentile for Your Response. You also acknowledge that once you have requested that Cusma Group transmit your Response to an Employer, that request cannot be canceled. Cusma Group does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, Cusma Group may alert you when any of the above events occur.

As a Job Seeker, you shall not create or send any Response which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iii) directly or indirectly violates the Site Rules.

Cusma Group does not act as an employment agency by offering the Cusma Group Assessments tool. By using Cusma Group Assessments, you acknowledge and agree that Cusma Group is not procuring employees for Employers or procuring opportunities to work for Job Seekers. Cusma Group merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Cusma Group Assessments, is solely with Employers or Job Seekers as applicable.

As a Job Seeker, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.

Cusma Group is not a third party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not Cusma Group receives a fee from the Employer in connection with the transaction. Cusma Group will not be liable for any costs or damages arising out of or related to such transaction.

Cusma Group assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Cusma Group Assessments tool, and any Assessment or Response.

  1. Salary, Career, Hiring and Other Information Provided by Cusma Group

Cusma Group may provide some information and content to users for informational purposes only. For example, Cusma Group may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by Cusma Group is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Cusma Group may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Cusma Group, including from Cusma Group affiliates. These figures are given to Cusma Group users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.Cusma Group, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on Cusma Group”. Employers may also request that Cusma Group add such labels. Cusma Group shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that Cusma Group does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and Cusma Group does not guarantee the accuracy of such data. Cusma Group does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads based on employer provided data, including data on Job Ads. Cusma Group may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. Cusma Group assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Company Page. Please contact the employer for the most accurate and up-to-date company information.

Similarly, career-related or hiring-related information provided by Cusma Group is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services (unless otherwise expressly noted by Cusma Group in services such as Cusma Group Hire in Japan). You understand that Cusma Group may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Cusma Group is not acting as a job placement agency or staffing firm (unless otherwise expressly noted by Cusma Group in services such as Cusma Group Hire in Japan). You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, Cusma Group may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

Cusma Group may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of Cusma Group and that Cusma Group is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. Cusma Group does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, Cusma Group will have no liability arising from any discussion you have with such a third party.

  1. Your Job Seeker Data

As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and Cusma Group knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Cusma Group, information you provide directly to Cusma Group including desired salary, or past experience, or any information in your Cusma Group Profile, or any of your other behavior on the Site or information provided. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. If you have an Cusma Group account or a Job Seeker Resume, you agree that Cusma Group may associate this data with your Cusma Group Profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Cusma Group. You also agree that Cusma Group may contact you based on this observed behavior or provided info on behalf of Employers or Cusma Group itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, Cusma Group may publicly display the fact that you have recently used the Cusma Group Site to correspond with a third party. In addition, if you set Your Resume to public, this means that Cusma Group may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set Your Resume to private. When you make changes to your Cusma Group Profile, including, but not limited to, updating, deleting, or changing settings on Your Resume, it may take a few days for the changes to be reflected.

In addition, you may have the opportunity to provide Cusma Group with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). By choosing to provide your Demographic Information, you agree that Cusma Group may use it to evaluate and improve our products, and share aggregate summaries of job seeker information with employers. If you do not want your Demographic Information to be used in this way, do not provide it to Cusma Group (or, if you have already provided your Demographic Information to Cusma Group, you can request it be removed). You further acknowledge and agree that another Job Seeker’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Job Seeker. 

  1. Screening Tools

Cusma Group may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. Cusma Group is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by Cusma Group. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While Cusma Group is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, Cusma Group does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.

  1. Cusma Group Hiring Platform

Cusma Group Hiring Platform is a platform designed to automate and streamline Employer hiring and employment decision-making processes by allowing users access to various products such as Cusma Group Interview, or related services (“Cusma Group Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by Cusma Group Hiring Platform. You acknowledge and understand that Employers select the method and manner that Cusma Group Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES CUSMA GROUP AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF CUSMA GROUP HIRING PLATFORM OR SIMILAR PRODUCTS. CUSMA GROUP DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW.  Cusma Group has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that Cusma Group is not an employment agency by offering Cusma Group Hiring Platform and related tools. By using Cusma Group Hiring Platform, you understand that Cusma Group is not procuring employees for Employer or opportunities for Job Seekers. Cusma Group merely provides Cusma Group Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.

  1. Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

  1. Class Action Waiver

By using the Site or any Program Elements and in return for the services offered by Cusma Group, you acknowledge that Cusma Group can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and the Publisher Program, you agree not to sue Cusma Group as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Cusma Group regarding your use of the Site. Additionally, as a Job Seeker, you acknowledge that your use of job search, Cusma Group Apply, and other free services on the Site is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.

  1. Terms of Service for Employers

The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the Cusma Group General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.

  1. Employer Accounts

When you create an Cusma Group account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site, whether as part of the Cusma Group Ads Program or otherwise, you agree that this Agreement, the terms associated with any Cusma Group service you are using, and all of Cusma Group’s policies, including the Cusma Group Privacy Policy and Cookie Policy, apply to you. When you create an Cusma Group account, Cusma Group may require that you verify your identity through a third party service called ID.me. By using ID.me, you are submitting your identification documents for verification through Cusma Group to ID.me, you are agreeing to share your identification and identity with ID.me, and you agree that ID.me is solely responsible for any collection, use, or loss of data you provide, including the capture or storage of any biometric identification or biometric identifiers. Cusma Group does not collect any biometric information or biometric identifiers, or receive any biometric information or biometric identifiers from ID.me.

As an Employer, your account is for business use and not for personal use. Cusma Group is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Cusma Group account, you agree to receive mandatory email updates regarding anomalous activity to your Cusma Group account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, including but not limited to accessing account data or purchasing services from Cusma Group under such account. If you are an Admin adding a user to a Role or several Roles, you represent to Cusma Group that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Cusma Group from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. You agree that Cusma Group assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase Cusma Group products under your account, and you agree that you are responsible for the payment of all such purchases made.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Cusma Group party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Cusma Group party identified in the first paragraph of this Agreement with respect to such new territory.

If your Cusma Group employer account has a credit card on file to pay for one Cusma Group product or service, Cusma Group may charge that card for any additional products or services you order.

You agree that Cusma Group may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. Cusma Group cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Cusma Group bears no responsibility for doing so. Cusma Group makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

Cusma Group may offer suggestions, recommendations, or information to users that may support or improve their experience on Cusma Group Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, and whom you interview or hire. Cusma Group assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Cusma Group.

  1. Employer Services Including Cusma Group Apply and Screener Questions

You also agree that, as a service to Job Seekers, Cusma Group may activate its Cusma Group Apply relay function for use in connection with your Job Listings, and that any Job Seekers who wish to indicate an interest in such Job Listing may do so through Cusma Group Apply, and that Cusma Group will send applications to the email address you provide us with. You also agree that Cusma Group may activate a chat bot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use Cusma Group candidate management tools, including but not limited to your Employer Dashboard, or by activating the Cusma Group Apply relay function for your Job Listings, you acknowledge and agree that Cusma Group may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that by using such candidate management tools, you are instructing Cusma Group to assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information you provide to Cusma Group into one document. You further agree that Cusma Group is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention requirements. By using these tools, you are providing information to Cusma Group and requesting and authorizing us to make available such information to the applicable Job Seeker. For example, when you choose whether a qualification is preferred or required (including marking it as a deal breaker), this information may be highlighted to Job Seekers. Additionally, you consent to any information shared through Cusma Group being processed and analyzed by Cusma Group according to this Agreement and Cusma Group’s Privacy Policy. Cusma Group may store such information regardless of whether a job vacancy has been filled.

You are responsible for the contents of your emails, application form, screener questions or their format, criteria you set for inviting candidates to interview, Company Pages that you create, update, or manage any Job Listings that you post, and any messages that you send through Cusma Group Apply or otherwise, and agree that Cusma Group is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that Cusma Group may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. Cusma Group further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, including but not limited to an offer letter, to a Job Seeker through Cusma Group’s relay functions, do not use the Cusma Group relay functions and please contact the Job Seeker via the personal information provided in such Job Seeker’s resume or application or by whatever method you so choose. When using the Cusma Group Apply function, Cusma Group will attempt to send applications to the contact information provided to Cusma Group by you, however, Cusma Group has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Cusma Group for any damages resulting therefrom.

When you use the Cusma Group Apply relay function for your Job Listings, you acknowledge and agree that Cusma Group may add functions into the corresponding Cusma Group Apply emails. For example, Cusma Group may mask or hide contact information, such as email addresses, from resumes or applications and may substitute it with an alias. In addition, Cusma Group may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Cusma Group may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct Cusma Group to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your candidate dashboard. You further acknowledge that Cusma Group has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use Cusma Group’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected”. If you choose such option, you acknowledge that Cusma Group has no discretion in the transmission or storage of rejection notices.

Similarly, you may be given the option to use candidate management tools that schedule interviews on your behalf with Job Seekers who meet criteria you have selected. If you choose such option, you agree you are instructing Cusma Group to schedule interviews and invite candidates to interviews on your behalf via email based on whether information the Job Seeker has provided to Cusma Group (e.g., answers to screener questions, resume, Cusma Group Assessment Responses) matches criteria you have set. You further agree that Cusma Group has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Job Seeker provided to Cusma Group may not be accurate. Cusma Group may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time, and by scheduling such interviews, Cusma Group does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to Cusma Group is accurate. You understand that Cusma Group does not act as an employment agency by offering this or other candidate management tools.

You agree that Cusma Group may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. Cusma Group does not verify the identity of any Job Seekers who apply to your job listing, nor does Cusma Group know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that Cusma Group Apply and Cusma Group’s relay functions are presented to you without warranty and Cusma Group assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.

By using any automated phone screen product, you agree that you are requesting Cusma Group to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by Cusma Group. You also agree that you are only asking Cusma Group to record the Job Seeker’s answers to your screening questions and that Cusma Group will forward you the recording of the answers to your questions. You consent to Cusma Group listening to and analyzing the recording in accordance with Cusma Group’s Privacy Policy. Cusma Group disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). Cusma Group may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at Cusma Group’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Cusma Group product, Cusma Group reserves the right to suspend or terminate your use of that Cusma Group product as well as any other Cusma Group product, including but not limited to those Cusma Group products where you do not have an unpaid invoice or account balance. Cusma Group may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Cusma Group incurs collecting such late payments.

When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Cusma Group may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Cusma Group product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, Cusma Group may inform a Job Seeker that you have taken an action, for example, with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to Cusma Group taking such actions.

Cusma Group, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on Cusma Group”. Employers may also request that Cusma Group add such labels. Cusma Group shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that Cusma Group does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and Cusma Group does not guarantee the accuracy of such data. Cusma Group does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads based on employer provided data, including data on Job Ads.

If you access or use any Cusma Group Application Programming Interface (API), including accessing and using the Site or any of the Cusma Group Apps or any Applicant Tracking System (ATS) through an API, you agree to be bound by this Agreement, the Cusma Group API Terms, Cusma Group Privacy Policy, the Site Rules, and any additional rules and policies made available by Cusma Group. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT CUSMA GROUP DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY CUSMA GROUP API. It is your responsibility to regularly review any Cusma Group App or the Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about Cusma Group’s products and services. By using an API, rather than directly using the Site or an Cusma Group App, you agree to all information provided on the Site or an Cusma Group App. Use of an Application or ATS via an API, rather than direct use of the Site or an Cusma Group App, shall not excuse any lack of information or understanding about Cusma Group’s products and services where that information is otherwise provided on the Site or an Cusma Group App.

You acknowledge that as part of its efforts to combat fraud and spam, Cusma Group may require that users verify their email address, including Job Seekers applying to your job. Email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses

  1. Job Match

Cusma Group may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on Cusma Group to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that Cusma Group may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. Cusma Group may also use such information in order to improve the Site or any other Cusma Group product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).

  1. Salary, Applies or Other Information Provided by Cusma Group

Cusma Group may provide some information and content to users for informational purposes only. For example, Cusma Group may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by Cusma Group are estimates given for informational purposes only, may come from a third party, and they are subject to change or varying levels of accuracy. If you are participating in the Cusma Group Ads Program and your Sponsored Job advertising budget is set on a per-apply basis, you will be charged based on Cusma Group’s determination of Apply count as reflected in your employer dashboard and not based on the number of applies that may be provided to Job Seekers for informational purposes only. Cusma Group may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Cusma Group, including from Cusma Group affiliates. These figures are given to Cusma Group users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Cusma Group may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and Cusma Group does not guarantee their accuracy. Cusma Group reserves the right to change the method of measuring such figures at any time.

  1. Screening Tools

Cusma Group may make available to you  screening tools for your use during the application process, including screener questions, phone screen tools and assessments. Cusma Group is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Cusma Group, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Cusma Group. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While Cusma Group is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, Cusma Group does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify Cusma Group for any and all claims arising out of your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar or equivalent law, or that such Screening Tool results in a “disparate impact”.

Cusma Group may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Cusma Group to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection notice from being sent, you must indicate your interest in the application on Cusma Group. Any interactions you have directly with a Job Seeker and not through a tool provided by Cusma Group (for example, calling or emailing a Job Seeker directly instead of through an Cusma Group Relay Service) are not visible to Cusma Group, and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist then you must interact with a Job Seeker through a tool provided by Cusma Group to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist you agree that you are instructing Cusma Group to send these messages to candidates with whom you do not interact within your chosen time frame, and you agree to indemnify Cusma Group from any claims arising therefrom. You further agree that Cusma Group may notify Job Seekers about the estimated time frame during which they may expect to hear back from you based on the time frame you choose in Employer Assist.

  1. Communication through Cusma Group

You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site, Cusma Group Apply, Cusma Group Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through Cusma Group. Cusma Group disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Cusma Group may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Once a Job Seeker has your contact info, you agree that Cusma Group is not responsible or liable for the manner in which the Employer uses the info. If you send an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third party email client), this may affect the way messages on Cusma Group are displayed. In this case, it is best to view the email conversation in the third party email client. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Cusma Group policies, content moderation, and to improve the Site or any other Cusma Group product or service.

Specifically, if you post a Job Listing directly on Cusma Group, applications are sent only to your Cusma Group dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your Cusma Group dashboard. Cusma Group reserves the right to turn on or enable Cusma Group Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that Cusma Group Chat or other communication options are available for a particular job or Employer. For Cusma Group Chat, you may access or view your messages by visiting your Cusma Group Chat messages dashboard. If you do not wish to use Cusma Group Chat, you may turn it off by visiting your Cusma Group Chat dashboard. Cusma Group may, in its sole discretion, turn off or disable Cusma Group Chat for any Employer or Job Seeker at any time without prior notice.

  1. Virtual Communications 

Cusma Group may offer you the option to manage virtual and remote communications with Job Seekers within Cusma Group products, including but not limited to, Cusma Group Interview, Cusma Group Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, and other collaborative services offered by third-party telecommunications service providers. You understand that Cusma Group is not a telecommunications service provider. Cusma Group disclaims all warranties with regards to the transmission of virtual communications. Cusma Group does not guarantee (1) availability of such services at the time You attempt to initiate them (2) the quality of such services, or (3) the dates or times you’ve arranged with Job Seekers for your Virtual Interview. Further, Cusma Group does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews.

YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT CUSMA GROUP IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. CUSMA GROUP ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CUSMA GROUP DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT CUSMA GROUP DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

Upon your request, Cusma Group may extend invitations to additional representatives at your company to join in Virtual Interviews. You understand and agree that Cusma Group will extend such invitations on your behalf based on the email addresses you provide for those representatives but Cusma Group is not responsible for inaccuracies in the contact information you provide. Further, Cusma Group is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to Cusma Group’s Terms, and by extending invitations to your representatives, you are binding them to Cusma Group’s Terms.

You understand that Cusma Group is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. Cusma Group is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.

Recording Virtual Interviews: As an Employer, you may be presented with an option to enable recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Job Seekers and all participants. By recording a Virtual Interview, you represent and warrant to Cusma Group that you have secured all necessary consent and will comply with all applicable laws, including state and federal. By choosing to record Virtual Interviews, you agree that third-party providers and Cusma Group can store and access the recording. However, you agree that Cusma Group is not obligated to store or retain any recording of a Virtual Interview. YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD CUSMA GROUP HARMLESS FROM ANY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) THAT ARISE FROM THE RECORDING OF VIRTUAL INTERVIEWS.

  1. Company Pages

When you post a Job Ad directly on Cusma Group or submit a request for a landing page on Cusma Group, such as Cusma Group Next, Cusma Group may automatically generate for you a Company Page. You understand that Cusma Group may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize Cusma Group to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content (as defined below) to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Cusma Group may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Cusma Group as well as those indexed by Cusma Group. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. 

Cusma Group may additionally offer Cusma Group Company Pages Premium, which includes features accessible only on a subscription basis and may be charged as indicated in an insertion order. Cusma Group reserves the right to change or remove these features at any time, in Cusma Group’s sole discretion. Additionally, these features may include analytics or other figures, which Cusma Group does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. You may cancel your participation in Cusma Group Premium Company Pages Program at any time by notifying Cusma Group. Such cancellation is generally effective at the beginning of the next calendar month; if you have prepaid for an annual subscription then cancellation is effective immediately and Cusma Group will provide a prorated refund of the unused subscription term, which may include any discounts as applicable. All Company Pages Premium monthly subscriptions will automatically renew until cancelled by you. Annual subscriptions will need to be renewed each year. You are responsible for all taxes as applicable and appropriate.

  1. Cusma Group Academy

If you or anyone at your company is a member of Cusma Group Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of Cusma Group, working for Cusma Group, or in any form of co-employment or contractor relationship with Cusma Group. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and Cusma Group, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, Cusma Group may remove you from Cusma Group Academy in its sole discretion.

  1. HR Management Tools

Cusma Group may make HR management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while Cusma Group is only providing the HR Management Tools for your and your employer’s use, and that Cusma Group accepts no responsibility for such use. Cusma Group does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.

  1. Governing Law and Dispute Resolution

This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of Japan, if you are located in Japan; the laws of England and Wales if you are supported primarily by Cusma Group’s UK office; the laws of France if you are primarily supported by Cusma Group’s office in France; the laws of Italy if you are primarily supported by Cusma Group’s office in Italy; the laws of Italy if you are primarily supported by Cusma Group’s office in Italy; the laws of Ontario, Canada if you are primarily supported by Cusma Group’s offices in Canada; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; Tokyo, Japan if you are located in Japan; London, England, if you are supported primarily by Cusma Group’s UK office; Paris, France, if you are supported primarily by Cusma Group’s office in France; Milan, Italy, if you are supported primarily by Cusma Group’s office in Italy; Province of Ontario, if you are supported primarily by Cusma Group’s offices in Canada; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; Tokyo, Japan, if you are located in Japan; London, England, if you are supported primarily by Cusma Group’s UK office; Paris, France, if you are supported primarily by Cusma Group’s office in France; Milan, Italy, if you are supported primarily by Cusma Group’s office in Italy; Province of Ontario, if you are supported primarily by Cusma Group’s offices in Canada; or Dublin, Ireland, if you are located elsewhere.

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Cusma Group. If you intend to propound discovery seeking user information from Cusma Group Inc., you agree to do so pursuant to a valid federal, Texas or Texas domesticated request, addressed to and properly served at our registered agent in Texas at Cusma Group, Inc., c/o CT Corporation, 1999 Bryan Street, Suite 900, Dallas, TX 75201. You further agree to submit to the personal jurisdiction of the appropriate Texas state or federal courts for such discovery proceedings.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

  1. Class Action Waiver

By using the Site and in return for the services offered by Cusma Group, you acknowledge that Cusma Group can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Cusma Group as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Cusma Group regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any Cusma Group product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any Cusma Group product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of Cusma Group products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site or any Cusma Group product, program, or service.

  1. Extended Campaign Tools

Cusma Group may offer a service to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations, such as Cusma Group Central or Groups (“Extended Campaign Tools”). You acknowledge and agree that using Extended Campaign Tools involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your job ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that Cusma Group contact its franchisees or local offices, respectively, by providing Cusma Group with contact information, and may provide the content of Job Ads to Cusma Group for use in connection with Extended Campaign Tools. By using Extended Campaign Tools, you agree to this information being shared, and you represent and warrant that i) all information you provide to Cusma Group is accurate, and ii) you have all necessary right and authorization to provide such information to Cusma Group and to permit Cusma Group to share it in connection with Extended Campaign Tools. You may request that Cusma Group grant access and control of your Extended Campaign Tools account to additional users. You understand and agree that by submitting such requests, Cusma Group will contact the users based on the information you provide (name, email address, and job title) and that Cusma Group is not responsible for verifying the users prior to completion of such requests.

  1. Candidate Import

Cusma Group may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service), to upload information about job applicants to Cusma Group and to interact with these individuals and direct Cusma Group to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information you provide or otherwise make available to Cusma Group through our Candidate Import service includes Client Personal Data, you instruct Cusma Group to process such information on your behalf pursuant to this Agreement and any applicable Data Processing Addendum; Client Personal Data and Cusma Group as used in this Section shall have the meanings given to them in the Data Processing Addendum. By using Candidate Import, you instruct Cusma Group to display the information of the interactions (including Virtual Interviews which are currently scheduled or were previously conducted) between you or Cusma Group and the job applicants within their Cusma Group accounts, and you represent and warrant that you, and any third party who you have authorised to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection law for you to provide or otherwise make available Client Personal Data to Cusma Group using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to Cusma Group using Candidate Import has exercised any right or made any request to you that would prevent or otherwise limit your ability to share such individual’s Personal Data with Cusma Group for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with Cusma Group (in accordance with Cusma Group’s Terms and Privacy Policy) and that Cusma Group may contact them over email as part of your hiring process, including requesting them to create an account with Cusma Group. You agree to defend and indemnify Cusma Group for any breach of the foregoing sentence. You also agree that Cusma Group is only responsible for such Client Personal Data, in accordance with the DPA, once it is received by Cusma Group  and you are responsible for such Client Personal Data up until such receipt by Cusma Group.

  1. Terms of Service for Publishers

The following Cusma Group Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses, participates, or uses the Cusma Group Publisher Program (the “Publisher Program”), or that otherwise indicates its acceptance of these IPP Terms, and set out the terms and conditions applicable to your participation in the Program. Any references to “Cusma Group” shall mean Cusma Group, Inc. For purposes of this Section C of the Cusma Group General Terms of Service, “You” or “Publisher” means any entity identified in an enrollment form or application submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms.

  1. Cusma Group Publisher Program

Cusma Group shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Publisher Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the Cusma Group Affiliate Acceptable Use Policy (the “AAUP”). To participate as a Publisher in the Publisher Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to Cusma Group shall be true, accurate and complete.

Publisher acknowledges that by accessing the Site or participating in the Publisher Program, Publisher may come into contact with content (including User Content, as defined below) that it finds harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and Publisher acknowledges that Cusma Group shall have no liability with respect to such content.

  1. Publisher Obligations

Any job search results, JobrollTM, pay-per-click advertisements, and any Cusma Group logos or other elements supplied by Cusma Group for use on Affiliates’ websites or websites co-branded by Cusma Group and Affiliate (collectively, “Program Elements”) may only appear on URLs that Cusma Group has reviewed and accepted for participation (“Accepted URLs”). Publisher shall advise Cusma Group of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by Cusma Group from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Publisher shall label each displayed Program Element with the phrase “Jobs by Cusma Group”, wherein the word “Jobs” shall be hyperlinked to http://www.Cusma Group.com or other Cusma Group website as agreed with Cusma Group and the word “Cusma Group” shall be the Cusma Group Logo Image and shall also be hyperlinked to http://www.Cusma Group.com or other Cusma Group website as agreed by Cusma Group. We provide the Cusma Group Logo Image online for your convenience.  

Publisher agrees to abide by all terms of the AAUP. Publisher is not permitted to use Cusma Group’s Site or its content other than for non-commercial purposes. Publisher agrees not to access (or attempt to access) the Site by any means other than through the interface that is provided by Cusma Group, unless it has been specifically allowed to do so in a separate, written agreement with Cusma Group. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping, crawling, reproducing, duplicating, copying, selling, trading or reselling) is prohibited. Publisher agrees that it is solely responsible for (and that Cusma Group has no responsibility or liability to it or to any third party for) any breach of Publisher’s obligations under these IPP Terms and for any consequences (including any loss or damage which Cusma Group may suffer) of any such breach.

Publisher agrees that it shall not transmit to Cusma Group or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for its own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Cusma Group reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If Publisher uses the Site, Publisher agrees to Cusma Group enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of Publisher’s account, of its access to Cusma Group’s message relay, or of its use of any other functions of the Site, with or without notice. Cusma Group shall not be responsible or liable for any such suspension or termination, including any consequences thereof. We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that Cusma Group suspects to be malicious or spam, or for any or no reason. Cusma Group further reserves the right to conduct investigations to determine whether Publisher is perpetrating a scam, spamming Cusma Group or its users, or otherwise conducting fraudulent activity on Cusma Group by various means, including but not limited to investigating Publisher’s functionality by setting up profiles and names that belong to Cusma Group. Cusma Group reserves the right to turn over any information gathered via such investigations to the police or other third party if Cusma Group has a good faith belief that Publisher is using the Site in violation of these terms. As Cusma Group wishes to prohibit automated entities from following any individual links posted by Publisher, all hyperlinks to Cusma Group’s site should include the use of rel=”nofollow”. This applies to editorially placed links, links generated by Cusma Group’s API, or other link mechanisms.

Cusma Group reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If Publisher wishes to make commercial use of the Site, if Publisher wishes to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if Publisher wishes to purchase Cusma Group services that utilize the Site, Publisher must have a prior written agreement with Cusma Group to do so, or have accepted Cusma Group’s online terms of service.

Cusma Group reserves the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason. Cusma Group also reserves the right in its sole discretion to suspend Publisher’s participation in the Publisher Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold Cusma Group harmless from and against any claims, demands, liabilities, expenses, losses, damages and attorney fees arising from or relating to a violation or purported violation by Publisher of the AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that Cusma Group may have as a result of a violation of the AAUP by Publisher. In addition, under no circumstances may Publisher impersonate or act as Cusma Group on any site (which shall include bidding on Cusma Group’s names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third party sites. Any marketing performed by Publisher must comply with all laws of the jurisdiction in which the marketing is conducted, including but not limited to email, text messaging and general advertising laws, and Publisher agrees to defend and indemnify Cusma Group from any third party action, claim, or demand against Cusma Group arising from any violation of those laws.

Cusma Group will not be treated as the publisher or speaker of any information provided by Publisher or by another information content provider. Cusma Group will also not be held liable on account of any action taken in good faith to restrict access or availability of material that it or its Users considered to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objection, whether or not such material is constitutionally protected or on account of any action taken to enable or make available to information content providers or others the technical means to restrict access to any such material described above.

Some areas of the Site, including areas that may permit Publisher to set up an Cusma Group account, requires Publisher to register or provide an email address. If Publisher so registers, it agrees to (a) provide true, accurate, current and complete information about Publisher as prompted by Cusma Group’s registration form (including Publisher’s email address) and (b) be responsible for the confidentiality and use of Publisher’s username and password, and not transfer or resell its use of or access to the Site to any third party. Please note that any individuals with whom Publisher has shared its username and password and who are able to answer verification questions about its Cusma Group account may receive access to information regarding Publisher’s Cusma Group account.

Publisher hereby grants Cusma Group permission to refer to Publisher and its websites in Cusma Group’s marketing materials, wherever such marketing materials shall appear.

  1. Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by Cusma Group and subject to any cap amounts determined solely by Cusma Group) in relation to Program Elements displayed on Accepted URLs. PUBLISHER ACKNOWLEDGES AND AGREES THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY CUSMA GROUP, IN ITS SOLE DISCRETION, AND THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, ALSO TO BE DETERMINED BY CUSMA GROUP IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. Publisher also acknowledges and agrees that any billing and payment information that Publisher provides to Cusma Group may be shared by Cusma Group with companies who work on Cusma Group’s behalf, such as payment processors, solely for the purposes of effecting payment to Publisher and servicing its account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, Cusma Group shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Cusma Group or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. No dashboard or any other view of any click count shall be considered as contractually binding on Cusma Group. All commission amounts may be subject to an overall commission cap, in Cusma Group’s sole discretion, and subject to change at any time.

  1. Terms of Payment

Cusma Group shall pay Publisher within thirty (30) days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. Cusma Group may withhold any and all payment if Publisher is in breach of these IPP Terms and Cusma Group shall have no further liability to Publisher.

  1. Termination

Either party may terminate these IPP Terms and participation in the Publisher Program at any time for any or no reason with or without notice and without liability. If you wish to terminate agreement to these IPP Terms, you may do so by sending a notice by email to support-at-Cusma Group dot com or other email address specified by Cusma Group in the case of Cusma Group. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, confidentiality, warranty disclaimers, indemnifications, and limitations of liability.

Upon termination of a publisher from the Publisher Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.

  1. Confidentiality

Publisher shall not disclose Cusma Group Confidential Information without Cusma Group’s prior written consent. “Cusma Group Confidential Information” includes without limitation: (a) all Cusma Group software, technology, programming, specifications, materials, guidelines and documentation relating to the Publisher Program; (b) click-through rates or other performance statistics relating to the Publisher Program provided to Publisher by Cusma Group; and (c) any other information designated in writing by Cusma Group as “Confidential” or an equivalent designation.

  1. Indemnification

Publisher shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of Publisher’s Program use, Publisher Property, site or Publisher Services, or breach of these IPP Terms.

  1. Governing Law and Dispute Resolution

These IPP Terms and any dispute arising out of or in connection with these IPP Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP terms and this Agreement, by and under the laws of Federative Republic of Brazil, if Publisher is located in Brazil; the laws of the Republic of India, if Publisher is located in India; the laws of the State of Texas, if Publisher is located in the United States; the laws of the Republic of Singapore, if Publisher is located in the Asia-Pacific Region*; the laws of Japan, if you are located in Japan; the laws of England and Wales if Publisher is supported primarily by Cusma Group’s UK office; the laws of France if Publisher is primarily supported by Cusma Group’s office in France; the laws of Italy if Publisher is primarily supported by Cusma Group’s office in Italy; the laws of Italy if Publisher is primarily supported by Cusma Group’s office in Italy; the laws of Ontario, Canada if Publisher is primarily supported by Cusma Group’s offices in Canada; or the laws of the Republic of Ireland, if Publisher is located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if Publisher is located in Brazil; Bangalore, state of Karnataka, India if Publisher is located in India; Travis County, Texas, U.S.A., if Publisher is located in the United States; The Republic of Singapore, if Publisher is located in the Asia-Pacific Region*; Tokyo, Japan if you are located in Japan; London, England, if Publisher is supported primarily by Cusma Group’s UK office; Paris, France, if Publisher is supported primarily by Cusma Group’s office in France; Milan, Italy, if Publisher is supported primarily by Cusma Group’s office in Italy; Province of Ontario, if Publisher is supported primarily by Cusma Group’s offices in Canada; or Dublin, Ireland, if Publisher is located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if Publisher is located in Brazil; Bangalore, state of Karnataka, India if Publisher is located in India; Travis County, Texas, U.S.A., if Publisher is located in the United States; The Republic of Singapore, if Publisher is located in the Asia-Pacific Region*; Tokyo, Japan, if you are located in Japan; London, England, if Publisher is supported primarily by Cusma Group’s UK office; Paris, France, if Publisher is supported primarily by Cusma Group’s office in France; Milan, Italy, if Publisher is supported primarily by Cusma Group’s office in Italy; Province of Ontario, if Publisher is supported primarily by Cusma Group’s offices in Canada; or Dublin, Ireland, if Publisher is located elsewhere.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site, the Publisher Program, or these terms of service, if you are located in the United States.

  1. Class Action Waiver

By using the Site or any Program Elements and in return for the services offered by Cusma Group, Publisher acknowledges that Cusma Group can only offer Publisher these services under the terms and conditions as presented herein. As partial consideration for Publisher’s use of the Site and the Publisher Program, Publisher agrees not to sue Cusma Group as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Cusma Group regarding Publisher’s use of the Site or the Publisher Program. Additionally, as a Publisher, the use of the Site and the Publisher Program is at no charge and Publisher acknowledges that part of the price it is paying to use this Site and the Publisher Program is its acceptance of these terms of service including this Class Action Waiver. If Publisher does not agree to any part of these terms, Publisher should not continue use of the Site, the Publisher Program, or any Program Elements. Nothing in this paragraph, however, limits Publisher’s rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 8 above.

  1. Terms of Service for All Users

The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. For purposes of this Section D of the Cusma Group General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in any capacity.

  1. Accessing External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Cusma Group is not responsible or liable for any such third parties or for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

In addition, Cusma Group may provide you with links to third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Cusma Group.

For example, Cusma Group may provide you with access to a link on Cusma Group to background check services offered and performed by a third party (each a “Third-Party Background Check Service”). This service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. If you choose to use this link and these services, you are contracting directly with the Third-Party Background Check Service, and Cusma Group is not a party to this contract. Please note (and you acknowledge) that Cusma Group cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by any Third-Party Background Check Service to you or to any other Cusma Group user. Cusma Group operates solely as a technical conduit, allowing the transmission of background checks sent by a Third-Party Background Check Service to you. Further, you agree to fully indemnify and defend Cusma Group for any claims arising out of your use of a Third-Party Background Check Service’s services or a background check provided to you by a Third-Party Background Check Service.

Pages on the Site may embed content and information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy. Information on Company Pages includes publicly available information and/or information provided by the respective company and/or may come from third parties. For example, data about companies located in Japan may come from Toyo Keizai Shinpo Inc.

Please note that while this Agreement describes Cusma Group’s services generally, services may differ by availability, and you should check the Site in your location to see which services are available to you.

  1. Using our Site

When you use the Site, you agree to Cusma Group knowing, processing, analyzing, storing, and recording any and all activities you take on the Site and any and all interactions and communications you have with, on, or through the Site, including, but not limited to, knowing, processing, analyzing, and recording which areas of the Site you visit (including without limitation URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. Cusma Group collects data from users visiting our Site in private browsing mode, “incognito mode,” or similar modes. You agree that Cusma Group may use third-party vendors to create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through our Site, and that such vendors’ activities are an extension of the Site. By using the Site you authorize Cusma Group and such vendors to make any connections with wires, lines, cables, or instruments, including with communication systems, that may be made in connection with the Site. The Site cannot work as Cusma Group intends it to work unless Cusma Group undertakes such activities. If you do not want your actions to be processed, analyzed, or recorded this way, do not use the Site.

Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Cusma Group reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase Cusma Group services that utilize the Site, you must have a prior written agreement with Cusma Group to do so, or have accepted Cusma Group’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

Occasionally, Cusma Group may test improvements to our Site and services. Such tests may affect, but are not limited to, the ad delivery system, audience, ad performance, ad placement, profiles, resumes, resume search, job search, recommendations, alerts, and formatting. You agree that Cusma Group may conduct such tests, which are meant to improve the effectiveness of our services, without notice to you. You agree to pay all charges that appear in the applicable Insertion Order or other agreement during such tests.

Cusma Group may offer suggestions, recommendations, or information to users that may support or improve their experience on Cusma Group Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. Cusma Group assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Cusma Group.

  1. User Content

Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to Cusma Group, including where it is stated that such materials may be posted on the Site or a third party website, including, but not limited to, mobile apps, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. Once updated by the user, it may take a few days for the change to User Content to be reflected. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Cusma Group does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of Cusma Group job search results pages may appear to be content produced by Cusma Group, but are actually a reproduction of user-generated search queries. Job Ads or other User Content may be reformatted or include words such as “Powered by Cusma Group”. Such content retains its status as User Content despite reformatting or addition of “Powered by Cusma Group” or a similar phrase. The Site may allow users to post User Content like photos or videos from third-party sources (such as social media accounts or video sharing platforms). Removing such content from a third-party source will not affect its display on Cusma Group, and to remove such content from Cusma Group, a user must remove the content directly from the Site. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Cusma Group shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements (other than Job Advertisements permitted by this Agreement), solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Cusma Group may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Cusma Group reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although Cusma Group has no obligation to do so, Cusma Group may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Cusma Group’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message (other than Job Advertisements permitted by this Agreement), or that Cusma Group deems in its sole discretion to be inappropriate. Cusma Group may limit your use of the Site, including but not limited to, your ability to contact other Employers or Job Seekers. If you believe that any User Content violates this Agreement or our policies, please contact Cusma Group immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that Cusma Group does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any Cusma Group policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on Cusma Group, will always remain within the sole discretion of Cusma Group. You agree that Cusma Group has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that Cusma Group is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Job Ads) in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason.

Cusma Group reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Cusma Group may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. When you post on Cusma Group confidentially or otherwise (e.g. anonymous Company Reviews or a confidential Job Ad), your identity may be discoverable by legal request, including, but not limited to, requests from the government or law enforcement.

Without limiting the generality of the foregoing, Cusma Group reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.

Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

  1. License to User Content and Feedback

Only to the extent permitted by law, you grant Cusma Group a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Cusma Group website or its publishers or third party sites, maintaining the Cusma Group website and promoting Cusma Group and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with Cusma Group’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Cusma Group’s exercise of these rights, you hereby waive any and all rights to such compensation.

Furthermore, you grant to Cusma Group, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Cusma Group marketing materials containing or incorporating such User Content, or (iii) any actions by Cusma Group to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from Cusma Group’s exercise of its rights pursuant to the license granted hereunder.

You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Cusma Group and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Cusma Group to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.

At your discretion, you may provide feedback and related materials to Cusma Group concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Cusma Group a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Cusma Group may disclose any or all Feedback to any third party in any manner, and you agree that Cusma Group may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Cusma Group under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Cusma Group does not waive any rights to use similar or related ideas previously known to Cusma Group, or developed by its employees, or obtained from sources other than you.

  1. Rules for Using Our Site

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Cusma Group, unless you have been specifically allowed to do so in a separate, written agreement with Cusma Group. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Cusma Group, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your Cusma Group account and ability to use the Site. You agree that you are solely responsible for (and that Cusma Group has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Cusma Group may suffer) of any such breach.
You agree that you shall not transmit to Cusma Group or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
    • sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
    • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    • data mining the Site or any content, service, or property provided by Cusma Group “Cusma Group Property”;
    • sending messages to users who have asked not to be contacted;
    • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
    • using Cusma Group Resume Search contacts in violation of Cusma Group policy, as determined by Cusma Group, including, for example, as indicated by low response rates from those persons contacted.
  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Cusma Group may block the transmission of such content.
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
  • Conduct or forward pyramid schemes or similar programs.
  • Transmit content that may be harmful to minors.
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Cusma Group.
  • Violate the legal rights (such as rights of privacy and publicity) of others.
  • Promote or encourage illegal activity.
  • Interfere with other Cusma Group users’ enjoyment of the Site.
  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Cusma Group account.
  • Modify, adapt, translate, or reverse engineer any portion of the Site.
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
  • Reformat or frame any portion of the web pages that are part of the Site without Cusma Group’s explicit written permission.
  • Contact other Cusma Group users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Cusma Group considers detrimental to its users.
  • Create multiple Cusma Group accounts without permission.
  • Create multiple Cusma Group accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
  • Bypass any limitations or suspensions of functionality.
  • Provide false information.
  • Scrape the Cusma Group Resume Search database
  • Scrape or otherwise replicate any Cusma Group content for competitive purposes
  • Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Ads.

Cusma Group reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Cusma Group) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Cusma Group reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to Cusma Group enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to Cusma Group’s message relay, or of your use of any other functions of the Site, with or without notice. Cusma Group shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
We reserve the right to not deliver any message, including, but not limited to, job applications, that Cusma Group suspects to be malicious or spam, for fraud mitigation, or for any reason. This includes but is not limited to messages with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code. Cusma Group further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Cusma Group or its users, or otherwise conducting fraudulent activity on Cusma Group by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Cusma Group. Cusma Group reserves the right to turn over any information gathered via such investigations to the police or other third party if Cusma Group has a good faith belief that you are using the Site in violation of these terms.

You may not use the Site, or otherwise exchange services or money with Cusma Group, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, Cusma Group may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.

  1. Registering with and Contacting Cusma Group

Some areas of the Site, including areas that may permit you to set up an Cusma Group account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. You may not share your username and password with other individuals. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Cusma Group account may receive access to information regarding your Cusma Group account. You are advised to safeguard important data and to not upload confidential information on the Site. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. At Cusma Group’s discretion, it may mandate two-factor authentication on your account. Cusma Group encourages you to enable two-factor authentication on your account where this functionality is available. If you do not enable two-factor authentication on your account, please be aware that you are proceeding at your own risk. If someone obtains unauthorized access of your account, they may have the ability to contact users or take other actions through your account, and Cusma Group may have only limited ability to remedy such situations.

You agree that Cusma Group may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Cusma Group account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Cusma Group or that Cusma Group may otherwise obtain from third-party sources. By providing Cusma Group with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly consent to receiving communication via such mobile number. If you are a Job Seeker who provided your phone number in connection with your job application, you agree the Employer may contact you at that number. When you give Cusma Group a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To stop receiving text messages at any time, reply to the text with STOP or contact Cusma Group Customer Support. For clarity, you agree and understand that texting STOP in response to an Cusma Group SMS alert will unsubscribe you from Cusma Group SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed, such as Text2Apply and Hiring Events. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from Cusma Group. You may also revoke your consent to receive text messages by terminating the Agreement through closing your Cusma Group account. By enabling two step verification, you verify that you are the owner of the phone number you provided. Revoking consent by replying STOP or terminating the Agreement does not apply to a phone number that an Employer already has that you provided as part of a job application. Once an Employer has your phone number, you agree that Cusma Group is not responsible or liable for the manner in which the Employer uses the number.

  1. Disclaimers of Warranties

Cusma Group disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Cusma Group search results (including Jobs Listings) or otherwise made available on the Site by Cusma Group or third parties (including User Content), regardless of whether paid for or used for free. Cusma Group disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Cusma Group for informational purposes only, including but not limited to, Cusma Group Analytics data like estimated applies or organic traffic, and salary information, or information that may come from a third party. You acknowledge you are not paying Cusma Group for the aforementioned information. Cusma Group disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Cusma Group does not guarantee that the Site will always be error free, safe, or secure. Cusma Group further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Cusma Group be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Cusma Group be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Cusma Group’s Site.

Cusma Group further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Cusma Group as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Cusma Group be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE CUSMA GROUP AND THE SITE AT YOUR OWN RISK. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY CUSMA GROUP. CUSMA GROUP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

  1. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL CUSMA GROUP OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF CUSMA GROUP OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID CUSMA GROUP TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall Cusma Group or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of Cusma Group.

  1. Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Cusma Group infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Cusma Group to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Cusma Group a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Cusma Group Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ Cusma Group.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

  1. Governing Law and Dispute Resolution

If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by Cusma Group, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Travis County, Texas, U.S.A.

  1. Severability and Reformation

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

  1. Filtering for Minors

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that Cusma Group does not endorse any of the products or services listed on such sites.

  1. Use of Site by Minors

The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for Cusma Group to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Cusma Group under the supervision of your parent, legal guardian or responsible adult. Cusma Group adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ Cusma Group.com (remove spaces when sending email).

  1. Using e-Signature

Some pages on the Site may offer an e-signature option, which is powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you’re signing, and your e-signature will have the same force and effect as a manual signature. Cusma Group disclaims all warranties associated with e-signatures, including any errors associated with the software or the validity of the signature. Cusma Group is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.

  1. Beta Products

Cusma Group may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will state that it is offered on a beta or test basis or the name will include the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. Cusma Group may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS. If you have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by Cusma Group in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of Cusma Group. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Cusma Group.

  1. Questions or Complaints

If you have a question or complaint regarding the Site, please use our Cusma Group Help Center. When you use the Cusma Group Help Center, you are accessing a third party site Zendesk and consent to receiving cookies from Zendesk, as set forth in the Zendesk cookie policy. Please note that communications within Zendesk will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. Miscellaneous

This Agreement (including any other section of this Agreement like the Cusma Group Ads Program Terms or Cusma Group Resume Terms) constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. 

By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using Cusma Group. If (a), (b), or (c) applies to you, you may not use the Site or Services, and Cusma Group may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. Cusma Group reserves the right to limit or terminate any and all Services and/or access to the Site in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, riot, insurrection, terrorism or threat thereof, or civil disorder.

The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Cusma Group’s proprietary rights in them.

You understand and acknowledge that Cusma Group or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Cusma Group reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

In the event of any irreconcilable conflict between these Cusma Group General Terms of Service and the Cusma Group Ads Program Terms, Cusma Group Resume Search Program Terms, Cusma Group Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you, the Cusma Group Ads Program Terms, Cusma Group Resume Search Program Terms, Cusma Group Targeted Ads Terms, Terms of Service for Publishers or other subset of terms as applicable to you will govern with respect to the Cusma Group Ads Program, Cusma Group Resume Program, Cusma Group Targeted Ads, Terms of Service for Publishers or other subset of terms as applicable to you, respectively, and these Cusma Group General Terms of Service will otherwise govern.

Any waiver of any provision of this Agreement will be effective only if in writing and signed by Cusma Group. This Agreement, together with any amendments and any additional agreements you may enter into with Cusma Group in connection with the Site, shall constitute the entire agreement between you and Cusma Group concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Cusma Group employee shall not constitute an amendment or alteration of this Agreement.

Any notices to Cusma Group must be sent to the applicable Cusma Group entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Cusma Group Ads Program, Cusma Group Resume Search Program, or Cusma Group Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Cusma Group Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without Cusma Group’s prior written consent and any such attempt is void. Cusma Group may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Cusma Group may assign any agreement between you and Cusma Group to any related Cusma Group entity by informing you of such assignment. Cusma Group and you are not in a legal partnership, agency relationship, or employment relationship. When Cusma Group provides the Site or any related services to you, Cusma Group does so solely in its capacity as a service provider.

  1. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Cusma Group in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Cusma Group’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

  1. The Cusma Group Apps

By using any of the Cusma Group Apps, including but not limited to the Cusma Group Job Search, Cusma Group Resume Search, Cusma Group Employer, Cusma Group Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the Cusma Group App. Additionally, you agree that the Cusma Group App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Cusma Group App, you are asking Cusma Group to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize Your Resume. You further acknowledge that your use of the Cusma Group Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Cusma Group App, and Cusma Group disclaims all responsibility for such data usage. In addition, if you allow Cusma Group Apps to utilize location services, the Cusma Group Apps may suggest to you and collect from you information based on your geographic location. Some location data the Cusma Group Apps collect is linked to your account (for example, “coarse” location data collected by an iOS app). Other location data the Cusma Group Apps collect is not linked to your account (for example, “precise” location data collected by an iOS app) but is still used by Cusma Group. The legal entity that ( i) provides any services to you through the Cusma Group Apps, (ii) owns or licenses the intellectual property rights to any of Cusma Group Apps and/or (iii) has access or controls any personal data through the Cusma Group Apps may at times be an affiliate of Cusma Group, even if the entity identified as the application developer on any of the application marketplaces is Cusma Group, Inc.

  1. Payments

You understand that services offered by Cusma Group or supported by our Sites may require payment for access or continued use. Each product may have its own payment terms specific to the needs and function of the service and such terms will be agreed on the Site, in a separate agreement, insertion order, or as indicated by the Site between you and Cusma Group. For the avoidance of doubt, where a product or insertion order has product-specific payment terms which overlap or conflict with the payment terms in this section, you understand and agree that the product-specific terms will govern. 

Cusma Group may charge you in different ways depending on the service provided, including based on clicks, RSVPs, applies, impressions, subscription, and/or a platform fee, if applicable. Charges are solely based on Cusma Group’s measurements, including, but not limited to, Cusma Group’s Apply, click, or ITA Brand Impression counts. Cusma Group’s determination of such impression count shall be binding. Cusma Group’s measurements may include measurements from third-party vendors. Cusma Group disclaims warranty with respect to measurements provided by third-party vendors. Cusma Group’s determination of the number, including, but not limited to, Applies, clicks or ITA Brand Impressions, shall be binding, even in cases where this number encompasses measurements provided by a third-party vendor.

Cusma Group may transfer your prepaid funds for the use of one product towards your use of another product if you so request through any means of communication, including via phone, website or email.  Further, you understand and agree that if your Cusma Group employer account has a credit card on file for the Cusma Group Ads Program or any other Cusma Group service, we will charge that same credit card for your RSVPs unless otherwise indicated by you. 

Billing Models

For payment based on a subscription, you will be charged as indicated in an insertion order or by the Site. If you purchase a subscription plan, you acknowledge and agree that your subscription will automatically renew and Cusma Group will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. Upon your request, Cusma Group may, in its sole discretion, pause your subscription and associated costs, and upon Cusma Group unpausing the subscription, it will continue for the remaining term until it expires and automatically renews. Details regarding the resume subscription or plan are available on the Site. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES UNDER THE APPLICABLE RESUME SUBSCRIPTION PLAN. AMOUNTS FOR FUTURE PREPAID UNUSED BILLING CYCLES MAY RESULT IN A PRORATED REFUND OF THE UNUSED BILLING CYCLES, WHICH SHALL BE DETERMINED IN CUSMA GROUP’S SOLE DISCRETION. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. 

Billing Policy

You acknowledge and agree that any credit card and related billing and payment information that you provide to Cusma Group may be shared by Cusma Group with companies who work on Cusma Group’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Cusma Group and servicing your account. Cusma Group may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. You agree that Cusma Group may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third party sources. You further agree that Cusma Group may use the updated card information to charge amounts you owe Cusma Group. Cusma Group shall not be liable for any use or disclosure of such information by such third parties. Invoices may be provided to you via electronic mail, unless otherwise specified by Cusma Group. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Cusma Group product, Cusma Group reserves the right to suspend or terminate your use of that Cusma Group product as well as any other Cusma Group product, including but not limited to those Cusma Group product where you do not have an unpaid invoice or account balance.

Payment Currency 

If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Cusma Group’s discretion. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). 

Taxes (if applicable)

Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Cusma Group incurs collecting late amounts. All withholding tax remittances to the government are your sole responsibility and Cusma Group shall have no liability whatsoever therefor.  If you are in Japan, Japanese consumption tax will apply on the import of all Cusma Group products and services. 

Refunds

Refunds for Cusma Group services that have already been provided (if any) are at the absolute discretion of Cusma Group and only in the form of advertising credit for Cusma Group Property. If you are removed from Cusma Group, but have previously spent on Cusma Group, you are not entitled to a refund of previously spent amounts for services already provided. Refunds for unused Cusma Group services that have been pre-paid will be refunded on a prorated basis and as per product specific Payment Terms only the unused future pre-paid subscription billing cycles will be paid, subject to Cusma Group’s discretion. All approved refunds for unused Cusma Group services shall first, in Cusma Group’s full discretion, be used to pay all outstanding unpaid balances and interest for any Cusma Group product or service where one exists associated with your account. 

Cusma Group may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Cusma Group incurs collecting such late payments.

Cusma Group Products Terms of Service

Last Updated: March 17, 2022

Cusma Group Ads Program Terms

These Cusma Group Ads Program terms (“IAP Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service, and apply to any Employer who accesses or uses the Cusma Group Ads Program, including but not limited to, posting or sponsoring any Job Ad or starting a campaign on on through Cusma Group, or who otherwise indicates its acceptance of these IAP Terms. By accessing or using the Cusma Group Ads Program or otherwise accepting these IAP Terms, you agree to these IAP Terms and to the Cusma Group Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.

  1. The Program

Use of the Cusma Group Ads Program (“Program”) on or through the Site is subject to all applicable Cusma Group terms and policies, including without limitation the Cusma Group Privacy Policy and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. Cusma Group policies may be modified at any time. With regards to any job advertisements posted or sponsored on or through Cusma Group, either for payment or for free and including jobs provided to Cusma Group via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content, including, but not limited to, job descriptions and screener questions, or any other User Content in the ad, and target URLs (“Creative”), whether generated by or for you, irrespective of whether it is reformatted or the words “Powered by Cusma Group” or similar phrasing appear on the ad; including but not limited to photograph(s), videos, images, texts, marks, logo, or audio you provide to Cusma Group or request that Cusma Group include; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and any third party, use of your accounts. Job Ads may be placed on (y) any content, service, or property provided by Cusma Group (“Cusma Group Property”), and (z) any other content or property provided by a third party, or third party website (“Other Website”), including but not limited to mobile apps and entities that participate in Cusma Group’s Publisher network. By posting or sponsoring an Ad on or through Cusma Group, you authorize Cusma Group and Other Websites to reformat the Job Ad, for example so that the ad can be more effectively displayed on a mobile device, a third party website, or certain locations on the Site. Cusma Group does not guarantee reach, performance, or placement of Job Ads, and distribution on Cusma Group or Other Websites. Performance and placement of Ads may vary depending on Cusma Group’s consideration of various factors, such as demand, industry, type of role, sponsorship, and other considerations. Placement of a Job Ad on a certain page (for example, on Cusma Group Gigs) is not a representation regarding the nature of the role for legal purposes. The placement, positioning, and size of a Job Ad on Cusma Group Property or Other Websites is within Cusma Group’s sole discretion. You agree that if your Job Ad is so placed on Other Website(s), such websites may collect or receive information about your Job Ad and performance thereof.

By sponsoring a Job Ad, you are agreeing to pay a price for each user “click” (a user action that results in a job description being displayed to the user) that such an ad receives, on an apply-start basis as described below, or on a per-apply basis as described below. This includes clicks for Job Ads on Cusma Group as well as Other Websites. Click prices may vary based on a variety of factors, including without limitation the current supply and demand pertaining to advertisements and clicks, traffic on the Site, time of day, and other factors. You acknowledge that Cusma Group has limited knowledge and control regarding how clicks are measured on Other Websites and must rely in part on reports generated by Other Websites. Employers may be placed into a test group and offered a flat fee (plus taxes, if applicable) for a set number of Applies (as specified on the Site) to sponsor a Job Ad. By sponsoring a Job Ad on a flat fee, you agree that Cusma Group will not issue refunds if you pause your Job Ad or if you choose to receive less than the specified number of Applies. By sponsoring a Job Ad on a flat fee, you further agree that you may not make changes to a Job Ad budget after you submit billing information. By sponsoring a Job Ad, including but not limited to as part of a campaign, you are requesting that Cusma Group manage the visibility of your Job Ads on the Site to give your job exposure, in a way designed to make the experience on Cusma Group better for you and get your jobs better visibility. You are also requesting that Cusma Group manage the visibility of the Job Ads on Other Websites. “Exposure” does not always mean the Job Ad will get a particular spot on the page, or that it will be called out with special wording, but means that it will be placed by Cusma Group in accordance with Cusma Group judgment and discretion to achieve what Cusma Group determines, in its sole discretion, to be the best visibility for such a job, considering the budget. By sponsoring a job, including but not limited to as part of a campaign, you are requesting Cusma Group to manage this relative visibility and exposure on its Site as well as Other Websites. You acknowledge and agree that such management of sponsored Job Ads is in Cusma Group’s sole discretion and is provided without warranty as to how and where Cusma Group shall place such Job Ads. You shall direct only to Cusma Group any communications regarding Job Ads on Other Websites.  

By sponsoring a Job Ad on Cusma Group, you understand that Cusma Group may include services or features that impact your ad campaigns such as automated ad placement and programmatic bid optimization.

By posting or sponsoring a Job Ad on or through Cusma Group, including but not limited to as part of a campaign or by XML feed: you agree that Cusma Group may and authorize Cusma Group to reformat and host (but not change the content of) the Job Ad on an Cusma Group hosted page or Other Websites in any way Cusma Group sees fit. You agree to this activity (reformatting and hosting) for all of your Job Ads, including ones you did not directly post on Cusma Group (for example, your Job Ads that Cusma Group indexed, that you had posted on your website or a third party website). All dashboards will reflect the total click count, including the clicks that open an Cusma Group reformatted or hosted page or Other Websites. In the event you provide Cusma Group with an indication that you are looking to fill your role in a short time period, as determined by Cusma Group, Cusma Group may add a label (such as “Urgent”, “Urgently Hiring” or similar) to your Job Ad. Cusma Group may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Paid”, “Promoted”, “Sponsored”, “Urgent” or similar) in connection with a sponsored advertisement on Cusma Group or Other Websites.

Job Ads posted directly on Cusma Group, or that have become hosted on Cusma Group, may no longer appear on the Site after a period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed, but not hosted, by Cusma Group will expire after a period of time and Cusma Group may not be able to restore their visibility. If you sponsor a Job Ad but do not provide a payment method for your campaign, the job campaign will not begin and your Job Ad will not be visible. Cusma Group may in its sole discretion remove the budget and post the job with organic visibility. Cusma Group may require sponsorship for the display of any Job Ad at any time for any reason. Cusma Group may recommend or suggest a budget for any Job Ad to maintain or optimize its visibility. The suggestion is made without warranty and is not a guarantee regarding placement or visibility of any Job Ad. If you are located in Japan, you acknowledge that Cusma Group’s content moderation policies may, in some instances, result in the modification of your Job Ad, and you agree to this activity. If you are an Cusma Group agency partner, you may be eligible to participate in an Cusma Group partnership program. Agency partners in this program may attain the rank of “Gold”, “Silver”, or “Bronze” based on their Cusma Group usage and engagement, measured by revenue. Cusma Group’s determination of an agency’s rank is made at Cusma Group’s full discretion and may be revoked at any time. Cusma Group may offer some Employers who sponsor Job Ads the opportunity to be displayed more prominently, or in an enhanced way, on the Site (“Featured Employer”). Featured Employer is awarded at Cusma Group’s sole discretion. The ability to receive Featured Employer, generally, is a function of both the number of open jobs at your company and how much you spend. A Featured Employer may also receive subscriptions to the Cusma Group Resume Program for a limited time (“Resume Rewards”), which are awarded at Cusma Group’s sole discretion. The Featured Employer program and Resume Rewards may be changed or removed by Cusma Group at any time, at Cusma Group’s sole discretion.

When you sponsor a Job Ad on or through Cusma Group, Cusma Group may include targeted ads services as part of the services provided to you when you start a campaign, and you authorize Cusma Group to provide such services. Targeted Ads may appear on the Site or on Other Websites. Target audience membership is based partly on information and criteria provided by the Employer, for example information provided in the Job Ad, but the composition of each target audience is determined by Cusma Group in its sole discretion. For example, Cusma Group reserves the right to decide, in its sole discretion, the frequency or number of times an ad is displayed to members of a target audience. For certain ads appearing on Other Websites, Cusma Group has limited control over the target audience, and you agree that in such circumstances Cusma Group is not responsible for the composition of the target audience. For ads appearing on Other Websites, Cusma Group disclaims all liability and makes no warranties as to the target audience and any related claims, such as claims arising out of or related to individuals who were able to view or were unable to view the Job Ad.

Cost per Apply. Cusma Group may offer a tool permitting an Employer to set a Sponsored Job advertising budget on a per-apply basis, which may be, referred to as “cost-per-apply” or “pay-per-apply.” Employers may be placed into a test group and offered the cost-per-apply product by default, which may include an option to pay a flat fee for a set number of Applies (as specified on the Site). If you are placed in such a test group and wish to purchase a cost-per-click advertising plan instead of cost-per-apply, contact Client Success at 1-800-475-4361. Charges are based on applies (“Applies” or “Apply”), defined as either 1) an application to one of your Job Ads delivered by Cusma Group on the Site 2) applications from Job Seekers whose responses meet the qualification questions you marked as Deal Breakers, or 3) applications you choose to not replace within a certain time frame specified on the Site when given the option, whichever of the three appears on the Site for you. If your charges are based on the third option, the number of Applies on your analytics dashboard is updated after the specified time frame has elapsed. For all options, Cusma Group does not verify Job Seeker responses, nor do we confirm the accuracy of such responses. An application will be deemed an “Apply” for the purposes of this section regardless of whether a Job Seeker has completed any requested Assessments. Cusma Group may offer estimates regarding the number of Applies for a given budget; this information is based on estimates only and is not a guarantee of future performance or of any particular number of Applies. By selecting a desired number of Applies on the Site, you are requesting Cusma Group to display your Job Ad in Cusma Group’s sole discretion, using the budget you have selected. You will be charged upon the earlier of a) your ad campaign spending $500.00 or more or b) the beginning of the next calendar month after you sponsor your Job Ad. If you previously purchased cost-per-click Sponsored Jobs on the same account, you may also be charged once your Job Ad campaign spends $25.00. The campaign for your Job Ad will automatically pause after the number of Applies you have selected are delivered or when you pause or close your job. Charges are solely based on Cusma Group’s Apply measurements. Cusma Group’s determination of Apply count shall be binding. Cusma Group and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs per Apply, (ii) delivery of any Applies, (iii) the interest level of any users who Apply to or view your job. Cusma Group further disclaims all guarantees regarding analytics and statistics provided to Employers in the cost-per-apply test group, as such information may be inaccurate or outdated during the test.

Pay-per-Apply-Start. Cusma Group may offer Employers the ability to set a Sponsored Job advertising budget on a per-apply-start basis, referred to as “pay-per-apply-start.” Charges are based on apply starts (“Apply Starts”), which are defined as 1) a user clicking on a button or link in a Job Ad or email to start or continue an apply on the Site or on a third party site; 2) a user interacting with a chatbot, qr code, or other method to start an apply related to a Job Ad; 3) a user clicking on a button or link in a Job Ad to call or send an email to an Employer; or 4) a user clicking on a button or link to schedule an interview. Apply Start prices may vary based on a variety of factors, including without limitation the current supply and demand pertaining to advertisements and clicks, traffic on the Site, time of day, and other factors. You acknowledge that Cusma Group has limited knowledge and control regarding how apply-starts are measured on Other Websites and must rely in part on reports generated by Other Websites. Cusma Group may offer estimates regarding the number of Apply Starts for a given budget; this information is based on estimates only and is not a guarantee of future performance or of any particular number of Apply Starts. By selecting a desired number of Apply Starts on the Site, you are requesting Cusma Group to display your Job Ad in Cusma Group’s sole discretion, using the budget you have selected. The campaign for your Job Ad will automatically pause after the budget you have agreed to has been depleted or when you pause or close your job. Charges are solely based on Cusma Group’s Apply Start measurements. Cusma Group’s determination of the Apply Start count shall be binding. Cusma Group and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs per apply starts, (ii) the interest level of any users who initiate an Apply Start related to your job; (iii) that a user will complete an application. You will be charged upon the earlier of a) your ad campaign spending $500.00 or more or b) the beginning of the next calendar month after you sponsor your Job Ad. Cusma Group further disclaims all guarantees regarding analytics and statistics provided to Employers, as such information may be inaccurate or outdated during the testing of these features.

Cusma Group may offer conversion tracking that Employers may install on their own websites (“Conversion Tracker”). The Conversion Tracker will inform Cusma Group when a Job Seeker completes an application on the Employer website, allowing those applications to appear in the Employer Dashboard. By installing or using a Conversion Tracker, you represent and warrant that you shall do so in accordance with all applicable laws, including without limitation that you shall provide users of your website with all necessary disclosures, and obtain any necessary consent or agreement from such users, to permit the Conversion Tracker to function in accordance with applicable law, and you agree to defend and indemnify Cusma Group from any failure to do so. The Conversion Tracker is provided on an “as-is” and “as-available” basis, and without warranty. Cusma Group disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of the Conversion Tracker.

In some instances, you may be able to insert your own tracking pixels in your Job Ad for the purpose of measuring the performance of your ads. This is provided as courtesy, and Cusma Group may disable this option at any time. You are solely responsible for your use of the pixels, and Cusma Group disclaims all liability related to such use. Cusma Group provides no warranty regarding the proper functioning of the pixel, any numbers reported, or that use of the pixels would be error free. You are advised not to rely on the pixel. Any such tracking pixel, or analytics generated thereby, shall not be used to dispute or challenge Cusma Group’s click count, which is binding. You agree not to use the information collected using tracking pixels for any purpose other than for measuring the performance of your ads. For example, you may not use the pixel to profile users or for behavioral analytics. To the extent you decide to use such pixels, you agree to be in compliance with all applicable laws, including, but not limited to, privacy and data protection laws implicated by such use. For example, updating your privacy policy where necessary. You agree to defend and indemnify Cusma Group from any claim arising from your tracking pixel.

  1. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Cusma Group, you may independently cancel online any advertisement at any time. Cancellation is generally effective within 24 hours, and you are responsible to pay all charges resulting from served Ads during this time period (e.g. any clicks while the Ad still appeared on Cusma Group or Other Websites). Cusma Group may immediately cancel the Program or these IAP Terms at any time upon notice. Cusma Group may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.

  1. Prohibited Uses

You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Cusma Group and Other Websites all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms, placement of restrictions on your account, and/or termination of your account without notice, and may subject you to legal penalties and consequences. Cusma Group or Other Websites may reject or remove any Job Ad, and Cusma Group may disable any Employer’s account, for any or no reason without notice. Although Cusma Group may indicate why a job or account has been removed or disabled, we cannot give every reason why a job or a company may be removed, and we always retain the right to remove any job, organic or sponsored, if we feel it is in our interest or our users’ interest. For examples of why Cusma Group may reject such Job Ads from Employers, refer to Cusma Group’s Search Quality Policies, which are provided by way of illustration and are not exhaustive. By submitting your Job Ad to or through Cusma Group, you agree that Cusma Group is under no obligation to accept, host, or publish your Job Ad. That decision is entirely Cusma Group’s in its sole discretion. The Cusma Group team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. Cusma Group may require some Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, to prevent abuse of the free to post system, to improve our services, or for any other reason in Cusma Group’s sole discretion. Cusma Group may also limit the number of free Job Ads you are allowed to post at a given time in Cusma Group’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, hard-to-fill jobs, jobs posted by a staffing agency, recruitment process outsourcer, or other recruitment-based company, and any other jobs as determined by Cusma Group. Additionally, Cusma Group may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board as determined by Cusma Group, Cusma Group reserves the right to include or reject any or all of your Job Ads. By submitting Job Ads to or through Cusma Group, you agree that the determination as to whether you are deemed to be a job board is made by Cusma Group in its sole discretion, and such decision is binding, and you agree that Cusma Group is under no obligation to accept, host, or publish your Job Ad. That decision is entirely Cusma Group’s in its sole discretion. The Cusma Group team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review. For examples of why Cusma Group may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, Cusma Group reserves the right to limit or disable your account. Cusma Group further reserves the right to reject any Job Ads which advertise staffing opportunities or platforms rather than actual jobs. You acknowledge that inclusion of jobs in violation of these guidelines on the Cusma Group Site may harm Cusma Group and its users.

  1. Disclaimer and Limitation of Liability

CUSMA GROUP’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR TITLE, NON-INFRINGEMENT, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE CUSMA GROUP, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. Cusma Group does not guarantee that the Site or Program will always be uninterrupted, error free, safe, or secure. Cusma Group and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions, RSVPs, clicks, or Applies on any Publisher Property or Cusma Group Property or Other Website sections of such properties, (iv) clicks, (v) applies, (vi) Apply Starts, (vii) conversions for any Creative, (viii) reach of an ad, (ix) accuracy or success of any ad targeting or the composition of any audience, or (x) interest in your Job Listing. The aforementioned disclaimers apply regardless of whether a Job Listing appears on desktop or mobile. CLICKS ARE ANONYMOUS AND CUSMA GROUP HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

  1. Payment

You shall be charged based on click count, regardless of whether you set a total budget. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Cusma Group’s discretion. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Cusma Group incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Cusma Group products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Cusma Group’s click measurements, which in some cases may include measurements from third-party vendors. Cusma Group disclaims any warranty with respect to measurements provided by third-party vendors. Cusma Group’s determination of click count shall be binding in all such cases. Refunds (if any) are at the absolute discretion of Cusma Group and only in the form of advertising credit for Cusma Group Property. If you are removed from Cusma Group, but have previously spent on Cusma Group, you are not entitled to a refund of previously spent amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to Cusma Group may be shared by Cusma Group with companies who work on Cusma Group’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Cusma Group and servicing your account. Cusma Group may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Cusma Group shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Cusma Group shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Cusma Group product, Cusma Group reserves the right to suspend or terminate your use of that Cusma Group product as well as any other Cusma Group product, including but not limited to those Cusma Group product where you do not have an unpaid invoice or account balance.

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, licensors, and Publishers from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.

Cusma Group Resume/CV Search Program Terms

These Cusma Group Resume Search Program Terms or Cusma Group CV Search Program Terms (collectively, “IRSP Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Cusma Group Resume Search offering, or that otherwise indicates its acceptance of these Cusma Group Resume Search Program Terms. By agreeing to the Cusma Group Resume Search Program Terms, you also agree to the Cusma Group Terms of Service.

Any capitalized terms that are used but not defined in these IRSP Terms have the meaning set forth in the Agreement.

  1. The Program

Use of the Cusma Group Resume Search Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable Cusma Group best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, on the subscription or plan purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription or plan for, any or all of which may be modified at any time. Purchasing additional subscriptions or plans, or modifying subscriptions or plans may reset the monthly billing date for subscriptions or plans associated with your account, resulting in pro rata charges to account for the new date. If you purchase a new plan in India during the duration of your current plan, the new plan will begin after your current plan ends.  You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through Cusma Group, for purposes of filling your Job Listings. You shall not use the Cusma Group Resume Search Program for  any directly or indirectly illegal, discriminatory, or fraudulent purpose. You are solely responsible for your use of the Program, including but not limited to, how you search for Job Seekers, who you decide to contact, and any employment related decisions you make. Contact information provided by Cusma Group, including any Relay Service email address, is for your individual use only and may not be shared with any other person. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such system will result in your immediate termination from the Program. In addition, as a feature of the IRSP, Cusma Group may send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. In some circumstances, Cusma Group may limit the number and/or frequency of times you may contact a Job Seeker through the Site. For example, if you contact a Job Seeker, and the Job Seeker does not express interest or contact you back, you may not be able to contact them again for a period of time.

IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying Cusma Group the amount indicated on the Site for the purpose of Cusma Group facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to Cusma Group, or by connecting you via phone call to the number provided by the Resume Owner. Your use of the Program is subject to all Cusma Group Site Rules and policies, including the Cusma Group Privacy Policy and any policies pertaining to Relay Services. Cusma Group does not guarantee that the email address is still in use, that such message will be received, that such message will be read, that such message will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume or information thereof is valid, accurate or complete in any respect. Cusma Group may return different results for the same resume search query and has full discretion with respect to the resumes or profiles it presents in response to any particular search. Cusma Group does not allow its Program, including but not limited to, resume contact service to be used in a spam like manner, and you expressly agree not to use the Program service in such manner. Cusma Group defines “spam like manner” as sending requests for job positions to persons who are, as indicated by Cusma Group experience and/or Resume Owner behavior and reaction, unsuited for the role or who have indicated that such requests are unwanted. Cusma Group reserves the right to disable Cusma Group Resume Search contact service for any user who, in Cusma Group’s sole discretion, violates these IRSP Terms, including the foregoing term. We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that Cusma Group suspects to be malicious or spam, or for any or no reason. The only acceptable use of the IRSP is for you to contact a Resume Owner through Cusma Group regarding a Job Listing or potential employment. No other uses of the IRSP are permitted. Scraping the Cusma Group Resume Search database, which may include any Job Seeker Resume, or using the Cusma Group Resume Search database for any other purpose except as allowed will result in legal action being taken against you. We may in our sole discretion place limits on your ability to run searches using Resume Search if we suspect that your use may adversely affect Cusma Group’s system, you are using the Resume Search in a malicious or objectionable manner, or you have violated this Agreement. Additionally, if you are a competitor of Cusma Group (including but not limited to any job aggregation website or any job posting websites) you may not use the Cusma Group Resume Search database to contact a Resume Owner for the purpose of sending them a job offer from your clients, and any such competitive use of the Cusma Group Resume Search database may result in Cusma Group blocking you from the Site, blocking you from contacting Resume Owners, and blocking your contact emails to those resume owners without notice and you consent to the same. Cusma Group may limit the number of devices each account is logged into. Except for plans in certain markets, such as India, where you have the option to assign additional seats to a plan, each Resume subscription or plan is solely for the individual use of the person to whom it is assigned, and may not be shared with other users. If you have a plan in India, you agree that adding seats to the plan does not add additional contacts to the subscription plan; if you add a seat on a day after the subscription plan has started, the price you pay for that seat is prorated, however, the number of contacts remains unaffected. For plans in India, once the time period on your subscription plan expires, so will any remaining contacts; no unused contacts will carry over to your new plan.

In the event phone numbers are provided by the Job Seeker in the resume, Cusma Group does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, as well as other laws against automated telephone dialing systems or laws governing phone or mobile communications in your applicable jurisdiction.

Information contained in Job Seeker resumes is self-reported by Job Seekers and is not verified by Cusma Group. Any filtering, sorting, matching, or ranking tools available to you as part of the Resume Search Program rely on this Job Seeker-provided information and/or information you provide to Cusma Group about your job requirements or preferences. The appearance of a given Job Seeker’s resume in search results or as a match is not a guarantee that the Job Seeker has the attributes or experience you have selected or that they would be interested in a job. When you use the Program, Cusma Group does not guarantee that you will see desirable, or any, search results in response to each query or that you will see desirable, or any, daily matches. The matching offering is provided to you on a beta basis and is subject to our Beta Terms of Service.

You agree that Cusma Group may update, modify, or discontinue the Resume Search Program at any time and in our sole discretion and without liability to you. You agree and acknowledge that the Program pricing and offerings are subject to change.

  1. Cancellation

Once you have requested that Cusma Group contact a Resume Owner, you may not revoke such request. Cancellation of your use of the IRSP shall be in accordance with any cancellation policies listed on the Site.

Cusma Group reserves the right to cancel any subscription at any time and for any or no reason. Cusma Group may immediately cancel the Program or these IRSP Terms at any time upon notice. Cusma Group may modify the Program or these IRSP Terms at any time without liability and your use of the Program after notice that the Program or these IRSP Terms have changed indicates acceptance of the updated IRSP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IRSP Terms.

  1. Your Information

You represent and warrant that all information you provide to Cusma Group is correct and current. You represent to Cusma Group that you are an Employer interested in considering the Resume Owner as a potential employee.

  1. Disclaimer and Limitation of Liability

CUSMA GROUP’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO CUSMA GROUP IS VALID, THAT ANY EMAIL SENT BY CUSMA GROUP AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. FURTHER, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY RESUME IS AVAILABLE OR VIEWABLE AT ANY PARTICULAR TIME, OR THAT ANY RESUME DESCRIBES AN APPLICANT’S SKILLS, QUALIFICATIONS, OR ABILITIES. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE CUSMA GROUP, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRSP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRSP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU FOR THE CUSMA GROUP RESUME SEARCH SERVICE GIVING RISE TO THE CLAIM.

  1. Payment

You shall be charged if, and as, indicated by the Site. Upon your request, Cusma Group may in its sole discretion pause your subscription or plan and associated cost, and upon Cusma Group unpausing the subscription or plan, it will continue for the remaining term until it expires and automatically renews. Details regarding the resume subscription plan are available on the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Cusma Group’s discretion. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Cusma Group incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Cusma Group products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUME SUBSCRIPTION OR PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of Cusma Group and only in the form of credit for Cusma Group services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Cusma Group may be shared by Cusma Group with companies who work on Cusma Group’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Cusma Group and servicing your account. Cusma Group may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Cusma Group shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Cusma Group shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by Cusma Group. Except for plans in India, if you purchase a subscription or plan, you acknowledge and agree that your subscription or plan will automatically renew and Cusma Group will charge you on a recurring basis until you cancel your subscription or plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription or plan does not cancel it. Your subscription will continue to automatically renew after being unpaused. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your use of the Cusma Group Resume Search Program, including but not limited to, how you conduct the search, any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRSP Terms, any phone call or text message you make to a recipient, and activities of any third party service provider you engage to facilitate your sourcing activities through the Cusma Group Resume Search Program, such as an Applicant Tracking System.

Cusma Group Assessments Terms

These Cusma Group Assessments terms (“IA Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service. By accessing or using Cusma Group Assessments as an Employer in any way, or by registering as an Employer on Cusma Group Assessments, or by otherwise accepting these IA Terms, you agree to these IA Terms and to the Cusma Group Terms of Service (the “Agreement”). Any capitalized terms that are used but not defined in these IA Terms have the meaning set forth in the Agreement.

  1. Introduction

Cusma Group Assessments is an online tool for the provision and review of assessments which are selected by Employers (“Assessments”) in order to request responses from Job Seekers (“Responses”) through the Site. “Assessments” include any assessment offered or published by Cusma Group and/or third party assessment providers that you may choose to send to a Job Seeker through Cusma Group.

  1. Assessments

You agree that any Assessment sent by Cusma Group to a Job Seeker is done so at your sole request, and you represent and warrant that you have that Job Seeker’s consent for Cusma Group to contact that Job Seeker for the purpose of transmitting the Assessment(s) you have selected. You also acknowledge that once you have requested that Cusma Group transmit your Assessment to a Job Seeker, that request cannot be canceled. Cusma Group does not guarantee that any Job Seeker will receive, access, read or respond to any Assessment, or that there will be no mistakes in the transmission of the data. However, Cusma Group may alert you when any of the above events occur.

You agree you have made the determination to use Cusma Group Assessments as part of your application process, and that the types of questions asked in any Assessment or bundle of Assessments you send to a Job Seeker are solely being asked by you and are not being asked by Cusma Group. Except for third party Assessments, Cusma Group offers Assessments solely in its capacity as a developer and publisher. You agree you are solely responsible for the use of Assessments and Responses in compliance with the law, including the Fair Credit Reporting Act and similar state statutes. You are solely responsible for your use of Cusma Group Assessments, including without limitation any results which are considered to have a “disparate impact.” You further agree that you are solely responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. You acknowledge that Cusma Group may, but is not obligated to, provide a means by which Job Seekers may request such an alternative method or other accommodation from you. While Cusma Group is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, Cusma Group does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law.

You are the sole party to determine which Assessment to send to any Job Seeker. You agree that an Assessment is only designed to evaluate a particular skill. It does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. Cusma Group reserves the right to change any Assessment or the questions asked within an Assessment at any time, for any or no reason, including but not limited to quality control.

Sending an Assessment to a Job Seeker does not guarantee a Response or any further communication or action by any Job Seeker. You consent to your Assessment and any other communications sent through Cusma Group Assessments being processed and analyzed by Cusma Group according to this Agreement and Cusma Group’s Privacy Policy.

  1. Responses 

You understand that Job Seekers provide a Response to an Assessment at their sole discretion.. After a Job Seeker has provided a Response, You will be able to use the Cusma Group Assessments platform to review the Response. In the case of a third party Assessment, you may only be able to view limited information, such as a link to the final result of the Assessment. A Job Seeker may also have the option to select an Assessment and associate the Response with their Cusma Group Profile, which will be visible to Employers in accordance with our Terms. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment. Assessments created, published, or administered by third parties other than Cusma Group are scored in accordance with the scoring rubrics as determined solely by such third parties. 

As an Employer you are the sole party to determine whether a Response, including but not limited to a result, indicates a qualified Job Seeker. You may instruct Cusma Group to send out rejection notices if the Job Seeker has not responded to Assessments in a manner acceptable to you, and you acknowledge that Cusma Group has no discretion in the transmission of these rejections. As the employer, you are the sole party to determine whether to offer a Job Seeker the  opportunity to retake any Assessment that you sent or update or modify their Response.

You acknowledge and agree that Responses are only provided on the condition that you use them responsibly and legally as part of your hiring process, which includes considering any other relevant information about the Job Seeker. Cusma Group may display excerpts from or summaries of Responses in other products such as Cusma Group Resume. These summaries are for convenience only and are not to be used in lieu of the full Response in context. You agree not to rely solely on such excerpts or summaries when making a hiring decision regarding any Job Seeker.

  1. Rules For Using Cusma Group Assessments

As an Employer, you represent and warrant that you shall not access or use Cusma Group Assessments for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You shall not create or send any Assessment which is directly or indirectly illegal, discriminatory, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You shall not create or send any Assessment containing proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing).

Cusma Group Assessments is not a tool to ask for sensitive personal data from Job Seekers. Employers may not create or send any Assessment which seeks highly confidential personal information from Job Seekers, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of personal data subject to data breach notification requirements in any country. 

An Employer who receives an accommodation request through Cusma Group Assessments must provide an accommodation to the extent required by applicable law, and further must provide evidence of compliance to Cusma Group immediately upon request. Any failure to fulfill these obligations is a material breach of this Agreement and Cusma Group may immediately terminate your account and your access to Cusma Group Assessments with no further obligation to you. You agree to defend and indemnify Cusma Group from any claims arising from your failure to comply with this section.

You understand and agree that Cusma Group does not have any obligation to screen any Assessment or Response, or to publish any Assessment or Response on the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice.

  1. Cusma Group’s Role

Cusma Group does not act as an employment agency by offering the Cusma Group Assessments tool. By using Cusma Group Assessments, you acknowledge and agree that Cusma Group is not procuring employees for Employers or procuring opportunities to work for Job Seekers. Cusma Group merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any decision to proceed or not to proceed with interviews or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Cusma Group Assessments, is solely with Employers or Job Seekers as applicable.

Cusma Group cannot confirm the information submitted by anyJob Seeker, or other user, including the identity of any user. Cusma Group does not inquire into the backgrounds of Job Seekers or attempt to verify the statements of Job Seekers. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Job Seeker. You are responsible for complying with all laws and regulations relating to the intended employment of any Job Seeker. Further, for any skill area in which formal licenses or certifications may exist, Assessments do not act as a substitute for such license or certification and do not speak to whether a Job Seeker is qualified for or has such a license or certification. It is the Employer’s sole responsibility to determine what licenses or certifications are required for their job and whether a Job Seeker has such license or certification. Cusma Group also makes no statement as to whether a particular skill is necessary for a job and it is an Employer’s sole responsibility to make such a determination (or seek appropriate legal counsel to do so), in accordance with the EEOC regulations or other applicable laws.

Cusma Group is not a party to, third party beneficiary of, or liable for, any agreements, offers, or promises between an Employer and Job Seeker, regardless of whether Cusma Group receives a fee from the Employer in connection with the transaction. Cusma Group will not be liable for any costs or damages arising out of or related to such transaction.

Cusma Group assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the Cusma Group Assessments tool, and any Assessment or Response.

  1. Fees

Cusma Group Assessments is currently free for Employers. Cusma Group may, in its sole discretion and at any time, end Employers’ free use of Cusma Group Assessments and begin to charge Employers to use Cusma Group Assessments as a standalone product or in conjunction with an Employer’s use of any other Cusma Group product.

  1. Confidentiality

You agree to keep all information gained from using Cusma Group Assessments confidential. You agree that (1) you will use any content submitted by Job Seekers only in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Job Seekers outside of your recruiting or hiring department; and (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Cusma Group Assessments from loss, misuse, unauthorized access, disclosure, alteration or destruction.

  1. Disclaimer and Limitation of Liability

CUSMA GROUP ASSESSMENTS AND ALL MATERIALS, INFORMATION, ASSESSMENTS, RESPONSES, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH CUSMA GROUP ASSESSMENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED.  CUSMA GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY ASSESSMENT OR RESPONSE, INCLUDING BUT NOT LIMITED TO A RESULT, THAT HAS BEEN PROVIDED TO CUSMA GROUP IS VALID OR ACCURATE, THAT ANY ASSESSMENT OR RESPONSE ACCURATELY OR COMPREHENSIVELY EVALUATES A PARTICULAR SKILL OR IS RELATED TO ANY JOB REQUIREMENT, THAT ANY COMMUNICATION (INCLUDING WITHOUT LIMITATION ASSESSMENTS AND RESPONSES) WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ IT, OR THAT THE INTENDED RECIPIENT OF YOUR COMMUNICATION WILL ACT UPON IT. CUSMA GROUP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. CUSMA GROUP DISCLAIMS ANY WARRANTY THAT CUSMA GROUP ASSESSMENTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. YOU USE CUSMA GROUP, THE SITE, AND CUSMA GROUP ASSESSMENTS AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR CUSMA GROUP ASSESSMENTS WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

EXCEPT FOR YOUR BREACH OF SECTION 7 (CONFIDENTIALITY) OR INDEMNIFICATION AMOUNTS PAYABLE HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU.

  1. Indemnification

You agree to defend, indemnify and hold harmless Cusma Group from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Cusma Group Assessments or the Site; (c) your loss of, or disclosure of, information gained from using Cusma Group Assessments or the Site; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your decision to add, create, or use an Assessment, including, but not limited to, a hiring event, scheduled interview, or as part of a job application; or (h) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker. You also agree that you have a duty to defend Cusma Group against such claims. You agree that this indemnity extends to requiring you to pay for Cusma Group’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of Cusma Group Assessments.

  1. Termination

Cusma Group may suspend Cusma Group Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Cusma Group at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  

Cusma Group may suspend Cusma Group Assessments, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Cusma Group at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Cusma Group Targeted Ads Terms

These Cusma Group Targeted Ads terms (“ITA Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service, and apply to any Employer who accesses or uses the Cusma Group Targeted Ads program, or who otherwise indicates its acceptance of these ITA Terms.  These ITA Terms apply to both of Cusma Group’s Targeted Ads Services: 1) Cusma Group Targeted Ads: Brand (“ITA Brand”) and 2) Cusma Group Targeted Ads: Apply (“ITA Apply”). By accessing or using the Cusma Group Targeted Ads program or by otherwise accepting these ITA Terms, you agree to these ITA Terms and to the Cusma Group Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these ITA Terms have the meaning set forth in the Agreement.

  1. The Program

Use of Cusma Group Targeted Ads (“ITA”) on or through the Site is subject to all applicable Cusma Group terms and policies, including without limitation the Cusma Group Privacy Policy and those instructions provided on the Site, and, if you are using ITA, through our online forms. Cusma Group policies may be modified at any time. With regards to any job or brand advertisements posted on or through Cusma Group through ITA, (“Targeted Ads”), you agree that you are solely responsible for all: (a) ad or job content and target URLs, or any other User Content in the ads (“Creative”), whether provided or generated by or for you, irrespective of whether it is reformatted or the words “Powered by Cusma Group” or similar phrasing appear on the ad; including but not limited to images, photograph(s), text, marks, logos, video, or audio you provide to Cusma Group; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. You agree that Targeted Ads and Creatives may be placed on any Site, content, or property provided by Cusma Group (“Cusma Group Property”) or may be placed on a third party website, including, but not limited to, mobile apps. By posting a Targeted Ad on or through Cusma Group, you authorize Cusma Group and the third party website on which the ad appears to reformat the Job Ad. Cusma Group or the third party website may reformat the Job Ad, for example, so that the ad can be effectively displayed on a mobile device, a third party website, or certain locations on the Site. You understand that Cusma Group has limited control over ads appearing on third party websites and you accept any risks associated with ads appearing on such websites. Cusma Group makes no guarantees and disclaims all liability and warranties as to the content or nature of third party websites, including, but not limited to, mobile apps, on which Targeted Ads may appear. Target audience membership is based partly on information and criteria provided by the Employer, but the composition of each target audience is determined by Cusma Group in its sole discretion. For example, Cusma Group reserves the right to decide, in its sole discretion, the frequency or number of times an ad is displayed to members of a target audience. For certain ads appearing on third party websites, Cusma Group has limited control over the target audience, and you agree that in such circumstances Cusma Group is not responsible for the composition of the target audience. For ads appearing on third party websites, Cusma Group disclaims all liability and makes no warranties as to the target audience and any related claims, such as claims arising out of or related to individuals who were able to view or were unable to view the ad. In some instances, you may be able to insert your own tracking pixels in ITAs for the purpose of measuring the performance of your ads. This is provided as courtesy, and Cusma Group may disable this option at any time. You are solely responsible for your use of the pixels, and Cusma Group disclaims all liability related to such use. Cusma Group provides no warranty regarding the proper functioning of the pixel, any numbers reported, or that use of the pixels would be error free. You are advised not to rely on the pixel. Any such tracking pixel, or analytics generated thereby, shall not be used to dispute or challenge Cusma Group’s impressions or Apply count, which is binding. You agree not to use the information collected using tracking pixels for any purpose other than for measuring the performance of your ads. For example, you may not use the pixel to profile users or for behavioral analytics. To the extent you decide to use such pixels, you agree to be in compliance with all applicable laws, including, but not limited to, privacy and data protection laws implicated by such use. For example, updating your privacy policy where necessary. You agree to defend and indemnify Cusma Group from any claim arising from your tracking pixel.

ITA Apply: In order to participate in ITA Apply, you must either use Cusma Group Apply to receive applications or add Cusma Group’s conversion tracker snippet to the last page of your job application, also known as the post-apply page (the “Post-Apply Page”). The Post-Apply Page on which you add Cusma Group’s conversion tracker snippet shall be determined by mutual agreement between you and Cusma Group. However, please note that if you unilaterally place the conversion tracker snippet on a page other than the mutually agreed upon page, in violation of this agreement, Cusma Group will still count this page as the Post-Apply-Page, charge you for any Applies (as defined below) on this page, and may require you to correct the placement. Any removal of the tracker snippet, or any provision of a method, for Job Seekers to apply to the Job Ad, bypassing the conversion tracker snippet will disqualify you from the program and will entitle Cusma Group to any resulting damages. It shall be your responsibility to inform your job applicants that such tracker snippet is in place. The conversion tracker will attribute an application to Cusma Group any time the Job Seeker started their search on Cusma Group, despite any intervening activity. Additionally, if you receive the ITA Apply services, you may be given the option to include application questions for your Job Listing on an ITA ad as part of your application process. If you request that Cusma Group include the questions you have chosen as part of your ITA ad, you acknowledge that Job Seekers who do not answer your questions in the manner set forth in your instructions may not be permitted to proceed with the application process through the ITA ad, and that you are requesting that Cusma Group perform this action. You further acknowledge that your use of these questions is provided to you via a license to the application questions tool. Cusma Group disclaims all warranties as to the performance of these questions, including but not limited to the accuracy of the Job Seekers’ answers to your application questions.  

  1. Cancellation

Unless otherwise stated in an insertion order or other agreement to advertise with Cusma Group, you may independently cancel online any Targeted Ad at any time (such cancellation is generally effective within 24 hours for any Targeted Ad displayed on Cusma Group). Cusma Group may cancel ITA or these ITA Terms at any time. Cusma Group may modify ITA or these ITA Terms at any time without liability, and your use of ITA after notice that these ITA Terms have changed indicates acceptance of the updated ITA Terms. Sections 1, 3, 4, 5, and 6 will survive any expiration or termination of these ITA Terms.

  1. Prohibited Uses

You shall not, and shall not authorize any party to (a) generate automated, fraudulent or otherwise invalid impressions, applies, or clicks; (b) cause the under reporting, or circumvent or prevent the reporting of an application by any means, including but not limited to, by providing an alternative method for a Job Seeker to submit an application to your Job Ad and bypassing the Post Apply Page; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Cusma Group, Cusma Group’s vendors, and third party websites, including, but not limited to, mobile apps, on which Targeted Ads may appear all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Targeted Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these ITA Terms or your account without notice, and may subject you to legal penalties and consequences. Cusma Group or Cusma Group’s vendors may reject or remove any Targeted Ad, and Cusma Group may disable any Employer’s account, for any or no reason without notice.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

CUSMA GROUP’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE CUSMA GROUP, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. Cusma Group and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs per apply or per click, (ii) costs per impression, (iii) delivery of any impressions, RSVPs, clicks, or applies, (v) applies, (vi) impressions (vii) conversions for any Creative, (viii) targeted users, (ix) reach of an ad, (x) accuracy or success of any ad targeting or the composition of any audience, (xii) the interest-level of any users who apply to or view your job, or (xiii) clicks. A CLICK ON YOUR JOB AD DOES NOT GUARANTEE INTEREST IN SUCH JOB AD.  EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

  1. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Cusma Group, and based on applies (“Applies” or “Apply”) and/or clicks if you are an Employer using ITA Apply, or based on impressions (“ITA Brand Impression” or “ITA Brand Impressions”) if you are an employer using ITA Brand. Applies are defined as a user visit to the agreed upon Post-Apply Page. For non-video ads (also known as display ads), ITA Brand Impressions are defined as an ad appearing on a page of the Site or a third party site, including, but not limited to, mobile apps, which page has been presented to a user. For non-video ads as well as video ads, ITA Brand Impressions may be counted differently depending, in part, on the website(s) on which they appear, since each third party website or service that facilitates displaying ads on such websites may count impressions differently (Cusma Group relies on these third parties for measuring impressions). However, in all cases, ITA Brand Impression does not guarantee that a Job Seeker has viewed an ad. If you are an Employer using ITA Brand, your price per ITA Brand Impression found on any ITA Brand Insertion Order is defined as the cost per 1000 impressions. If your ITA Insertion Order does not contain an end date, you will continue to be billed until you contact Cusma Group and request to be removed from the ITA Program. If your Cusma Group employer account has a credit card on file for the Cusma Group Ads Program, we will charge that same credit card for your Cusma Group Targeted Ads. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees.  If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen and US Dollars.  If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Cusma Group’s discretion. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Cusma Group incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Cusma Group products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Cusma Group’s Apply measurements, click measurements, or ITA Brand Impressions measurements. Cusma Group’s measurements may include measurements from third-party vendors. Cusma Group disclaims warranty with respect to measurements provided by third-party vendors. Cusma Group’s determination of the number of Applies, clicks or ITA Brand Impressions shall be binding, even in cases where this number encompasses measurements provided by a third-party vendor. Refunds (if any) are at the absolute discretion of Cusma Group and only in the form of advertising credit for Cusma Group Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to Cusma Group may be shared by Cusma Group with companies who work on Cusma Group’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Cusma Group and servicing your account. Cusma Group may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Cusma Group shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Cusma Group shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail.

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your ITA use, Creative, site or Your Services, or your breach of these ITA Terms.

Cusma Group API Terms

These Cusma Group API terms (“API Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service, and apply to anyone who accesses or uses an Application Programming Interface created or maintained by Cusma Group (“API”) or related documentation (“Documentation”), develops any application that communicates or interoperates with any API, the Site, or any Cusma Group service (“Application”), or who otherwise indicates acceptance of these API Terms. By accessing or using any API or Documentation or by otherwise accepting these API Terms, you agree to these API terms and to the Cusma Group Terms of Service (the “Agreement”), including the terms associated with any Cusma Group service you are using, and all of Cusma Group’s policies, including the Cusma Group Privacy Policy and Cookie Policy. Any capitalized terms that are used but not defined in these API Terms have the meaning set forth in the Agreement.

  1. The APIs

Cusma Group may provide you with access to one or more APIs, as well as any accompanying Documentation, solely for your internal business use in developing and using Applications or for Cusma Group to process and analyze submitted information and behavioral data in accordance with the Cusma Group Privacy Policy. Cusma Group assumes no responsibility and disclaims any and all liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on or through any API. For the most up to date and accurate information, use the Site directly. 

Your license is subject to and conditioned on your compliance with all terms and conditions set forth in the Agreement, and it is revocable, non-exclusive, non-transferable, and non-sublicensable. No implied license is granted. Cusma Group reserves all rights that are not expressly granted by this Agreement. 

You may develop an Application that interoperates with an Cusma Group API for the use of your employees or independent contractors for your internal business purposes (“End Users”). Your and End Users’ use of an API or Application to access the Site or any Cusma Group App is subject to the applicable Terms of Service for the Site or Cusma Group App, and you agree to require your End Users to accept and comply with such Terms of Service as well as these API Terms. You agree that you will be responsible for your End Users’ use of your Application and any API. It is also you and your End Users’ responsibility to regularly review any Cusma Group App or the Site in order to obtain the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about Cusma Group’s products and services. By using an Application or Applicant Tracking System (“ATS”) via an API, rather than directly using the Site or an Cusma Group App, you agree to all information provided on the Site or an Cusma Group App. Use of an Application or ATS via an API, rather than direct use of the Site or an Cusma Group App, shall not excuse any lack of information or understanding about Cusma Group’s products and services, where that information is otherwise provided on the Site or an Cusma Group App. 

You agree that Cusma Group may monitor your and End Users’ use of any API and may process and analyze submitted information and behavioral data in accordance with the Cusma Group Privacy Policy. This monitoring may include Cusma Group accessing and using your Application. You will not interfere with this monitoring. Cusma Group may use any technical means to overcome such interference. You agree that when you or End Users’ use an ATS via an API, such ATS may access, monitor, process, or analyze submitted information and behavioral data.

You agree to promptly notify Cusma Group in advance of your decision to discontinue use of any APIs that allow Cusma Group to process and analyze submitted information and behavioral data.

Cusma Group reserves the right to place limits on access to any API (including without limitation the number of calls or requests), and monitor usage of the APIs to enforce these limits, in its sole discretion. Such limits may be detailed in the Documentation or otherwise communicated to you by Cusma Group.

By using Cusma Group’s API you understand and agree to periodic audits of your usage. Cusma Group will request, and you will provide (or cause your agent to provide), your data usage metrics in order for Cusma Group to review. If Cusma Group finds you have violated these guidelines, your use of Cusma Group’s API may be restricted or terminated.

Cusma Group may update, modify or discontinue the API at any time and in our sole discretion and without liability to you, and may require you to obtain and use the most recent version. You are required to update your Application accordingly at your sole expense. You acknowledge that Cusma Group’s update to an API may adversely affect how your Application communicates with the Site or an Cusma Group App, and you agree that Cusma Group will have no liability therefrom. Your use of an API after an update by Cusma Group constitutes acceptance of the update. Cusma Group reserves the right to develop products or services that are similar to, or may compete with, any Application. 

  1. Restrictions

Accessing and using the Site or any Cusma Group App through an API is subject to the Site Rules, these API Terms, and any additional rules, guidelines, and policies made available by Cusma Group. Such additional rules, guidelines, or policies may be detailed in the Documentation, these API Terms, or otherwise communicated to you by Cusma Group. For example, by using the Cusma Group Apply API in connection with your Job Listings, you agree not to require or otherwise burden a Job Seeker to submit a duplicate application through other means if that Job Seeker already applied to your Job Listing using Cusma Group Apply. You further agree to accurately describe to a Job Seeker what information and data you collect from and about that Job Seeker when they apply to your job using Cusma Group Apply, including how you handle and share such information and data. You also agree to honor a Job Seeker request for their information and data that you collect in connection with any API. Further, by using the Cusma Group Apply API, you agree to use HTTPS POST URL(s). 

You agree to do all the following in connection with your access and use of any API or development or use of any Application: (a) comply with the Agreement, the API terms, the Site Rules, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be made available to you by Cusma Group; (b) monitor the use of your Applications for any activity that violates these API Terms; (c) promptly restrict any End Users who violate these API Terms from further use of your Application; and (d) promptly notify Cusma Group of any violation of these API Terms by you or End Users. 

You agree that neither you, your Application, nor your End Users, will do any of the following in connection with your access or use of any API or development or use of any Application: (a) violate any Site Rule or other rule or policy pertaining to the Site, or any applicable law or regulation; (b) copy, duplicate, modify, or create derivative works of an API, in whole or in part; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code component of any API; (d) remove any proprietary notices from any materials available through any API; (e) make an API or Application available to a third party except as permitted by a written agreement with Cusma Group; (f) circumvent any limits on API access imposed by Cusma Group; (g) scrape, build databases, or otherwise create permanent copies of any User Content, except as expressly permitted by the Documentation or Cusma Group; or (h) modify, misrepresent, or otherwise manipulate data provided by any API.

When reporting Cusma Group data provided by any API, you agree to accurately represent such data. You agree that such data shall not include: (a) blended third-party fees, including fees from the entity calling the API; (b) data from third parties such as other advertising providers; or (c) sponsored data blended with organic data. If using an API to provide Cusma Group services to an Employer, you agree to provide accurate reporting to the Employer about the services obtained through the use of the API and the value that the services provided represent. You agree to report data to Employers in an organized and digestible manner that allow Employers to filter and sort categories of data such as clicks, apply starts, media spend, and other metrics.

You agree to provide and adhere to a Privacy Policy for your Application that accurately describes to End Users and/or Job Seekers what user information you collect and how you use and share such information with Cusma Group and other third parties.

  1. Access and API Key

You agree to only access an API by the means described in its Documentation. To call or otherwise access or use an API, Cusma Group requires that you follow its registration and implementation process, including providing information about your Application and a current contact person with whom Cusma Group can communicate with about your Application or API access and use. Cusma Group requires that you use a password, key or other security device to access an API (“API Key”). Instructions for obtaining an API Key are included in the applicable Documentation. You are responsible for all access to and use of the API under your API Key. You agree to maintain the confidentiality and security of your API Key, to not share it with any third party, and use it only in compliance with these API Terms. You will not misrepresent or mask either your identity or your Application’s identity. The decision to grant you API access or access to an API Key is entirely in Cusma Group’s sole discretion. Cusma Group may restrict or terminate your API access or API Key at any time.

  1. Intellectual Property

You understand and acknowledge that Cusma Group or its affiliates, or its or their licensors, owns all right title and interest to the API, the Site, and Cusma Group Apps, and all proprietary rights associated therewith. Cusma Group reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the API, other than your User Content. 

If you provide feedback or suggestions about our APIs, then we may use such information without obligation to you. 

You acknowledge that User Content as defined in the Agreement may be available via the APIs, and that User Content is the sole responsibility of the person who provided it to Cusma Group. 

  1. Disclaimer and Limitation of Liability

THE SITE, APIS, AND DOCUMENTATION ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APIS AND DOCUMENTATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH ANY API. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ANY API. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DO NOT GUARANTEE THAT THE SITE, APIS, DOCUMENTATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH ANY API WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE AN CUSMA GROUP API AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACCESS OR USE.

YOU UNDERSTAND AND AGREE THAT YOU CREATE AN APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR OR ANY OTHER PERSON’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR APPLICATION.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 8 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE API TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE API TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU FOR THE CUSMA GROUP SERVICE GIVING RISE TO THE CLAIM.

  1. Payment

Unless you have a separate written agreement with Cusma Group, you shall be charged based on your and your End Users’ use of an Cusma Group App or the Site, in accordance with that Cusma Group App’s or Site’s Terms of Service and other payment information made available on the Cusma Group App or Site, and based on Cusma Group’s measurements of usage. It is your and your End Users’ responsibility to regularly review any Cusma Group App or the Site in order to obtain the most up to date information regarding payment and how Cusma Group charges you for your use of Cusma Group’s products and services.

  1. Cancellation

Unless otherwise stated in an agreement with Cusma Group, you may cancel this Agreement at any time by ceasing your use of the APIs and deleting your Application. Cusma Group may discontinue any API or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. Cusma Group may immediately cancel the API or these API Terms at any time upon notice. Cusma Group may modify these API Terms at any time without liability, and your use of an API or Application after notice that these API Terms have changed indicates acceptance of the updated API Terms.

Upon cancellation of this Agreement: (a) your license to access or use any Cusma Group API immediately expires; and (b) you shall delete your Application and all User Content acquired through the Site or API. You agree that Cusma Group may notify any End User to provide notice of the cancellation of this Agreement or of your right to use an API. Sections 1, 2, 3, 4, 5, 6, and 8 will survive these API Terms. 

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your or End Users’ API use, User Content, your Application, or breach of these API Terms.

Cusma Group for Chrome Terms

Cusma Group for Chrome terms (“IC Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service. By accessing or using Cusma Group for Chrome in any way or by otherwise accepting these IC Terms, you agree to these IC Terms and to the  (the “Agreement”), which govern use of or access to Cusma Group Chrome and the Site. Any capitalized terms that are used but not defined in these IC Terms have the meaning set forth in the Agreement. “You” means any Job Seeker, individual or entity that downloads or uses Cusma Group for Chrome, and/or any agency or network acting on your behalf, which shall also be bound by these IC Terms.

  1. Introduction

Cusma Group for Chrome is a browser extension developed by Cusma Group, which can be downloaded from the Google Chrome Web Store. Cusma Group for Chrome serves as a free extension that allows You to utilize Cusma Group job-seeking functions from an extension window. Cusma Group for Chrome allows You to save jobs directly on the extension, and automatically recognizes many job postings. Cusma Group for Chrome recognizes job details, including title, company name, location, and post URL. If a job is saved, the relevant information is automatically filled into the job details fields. Further details and information can be manually entered by You, directly on the extension. Cusma Group for Chrome also allows access to notifications and messages present on your Cusma Group account. Cusma Group for Chrome may recognize when you are searching for jobs on third party sites and may display additional job listings in web pages in your browser.

By installing Cusma Group for Chrome, you agree to Cusma Group’s collection of data relating to your visit to third party sites, as described in Cusma Group’s Privacy Policy. Such data may include job postings that you save, notes or applications statuses that you save or update, or data regarding how you engage with websites or other actions you take on such website, including URLs of websites you visit.

  1. Disclaimer and Limitation of Liability

CUSMA GROUP’S PROVISION OF CUSMA GROUP FOR CHROME AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO CUSMA GROUP FOR CHROME AND YOUR USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO CUSMA GROUP IS VALID, THAT ANY EMAIL SENT BY CUSMA GROUP AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. YOU USE CUSMA GROUP, THE SITE, AND CUSMA GROUP FOR CHROME AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR CUSMA GROUP FOR CHROME WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 3, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IC TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IC TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU FOR THE CUSMA GROUP SERVICE GIVING RISE TO THE CLAIM.

  1. Indemnification

You agree to defend, indemnify and hold harmless Cusma Group from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Cusma Group for Chrome or the Site; (c) your loss of, or disclosure of, information gained from using Cusma Group for Chrome or the Site; (d) your violation of any applicable laws or regulations, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; or (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Candidate. You also agree that you have a duty to defend Cusma Group against such claims. You agree that this indemnity extends to requiring you to pay for Cusma Group’s reasonable attorneys’ fees, court costs, settlements and disbursements. This defense and indemnification obligation will survive this Agreement and your use of Cusma Group for Chrome.

  1. Termination

Cusma Group may suspend Cusma Group for Chrome, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Cusma Group at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Cusma Group Hiring Events Program Terms

These Cusma Group Hiring Events Program terms (“IHEP Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service, and apply to any Employer who accesses or uses the Cusma Group Hiring Events Program, Hiring Center, or related services, or who otherwise indicates its acceptance of these IHEP Terms. By accessing or using the Cusma Group Hiring Events Program, Hiring Center, or related services, or by otherwise accepting these IHEP Terms, you agree to these IHEP Terms and to the Cusma Group Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these IHEP Terms have the meaning set forth in the Agreement.

  1. The Program

Use of the Cusma Group Hiring Events Program (“Program”) on or through the Site is subject to all applicable Cusma Group terms and policies, including without limitation the Cusma Group Privacy Policy and those instructions provided on the Site. Cusma Group policies may be modified at any time. You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts.

By using the Program and accepting these IHEP Terms you acknowledge and agree that you are asking Cusma Group to do the following: 1) post, on your behalf, Job Listings or Job Ads, as applicable, provided by you on the Site, and manage such ad campaign, using information such as the number of RSVPs, 2) include an RSVP function on the Site for a hiring event (“Event”) corresponding with each of your Job Ads or Listings, 3) receive from Job Seekers RSVPs to your Event(s), 4) send to you and/or other persons you identify information provided by a Job Seeker who RSVPs to your Event(s), and 5) communicate (via email or text message) information related to your Event(s) to Job Seekers who have RSVPed to your Event(s). If you request that Cusma Group send you and other persons you identify information provided by a Job Seeker who RSVPs to the Event(s), you certify and warrant that such person is part of your organization or is otherwise authorized to receive such information.

With regards to any Job Ad posted on Cusma Group via the Program, including any Job Ad of your Event posted in Cusma Group’s discretion, you agree that such Job Ad shall be subject to the Cusma Group Ads Program terms and the Cusma Group Targeted Ads Program terms, and the Cusma Group Ads Program terms and Cusma Group Targeted Ads Program terms are incorporated herein.

You further agree that you are solely responsible for everything regarding your Event(s), whether participating or hosting, including but not limited to, the content of the Job Listing or Job Ad, screening or screener questions, the handling and safeguarding of Job Seeker information provided to you and/or other persons you identify as authorized to receive information regarding an Event or a Job Seeker, the Event location, your attendees at the Event, or any literature, signage or other documentation at the event. You are responsible for accommodating Job Seeker requests or needs during the interview or application process during the Event. You represent and warrant that any data you collect from attendees and share with Cusma Group is collected in accordance with local privacy rules. Moreover, you grant to Cusma Group, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any User Content or Cusma Group marketing materials, or actions by Cusma Group to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engine. You agree that Cusma Group may promote your Job Listing or Job Ad through any method in Cusma Group’s sole discretion, including but not limited to targeted advertising or using keywords in third-party internet search engine. You further acknowledge and agree that Cusma Group is not responsible for reviewing qualifications, verifying identification, or otherwise screening Job Seekers during each Event and that you are solely responsible for so doing.

  1. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Cusma Group, you may independently cancel any Job Listing or Job Ad (and corresponding Event) at any time (such cancellation is generally effective within 24 hours). However, if you cancel an Event, Cusma Group will still bill you in accordance with any pricing listed in a separate agreement or otherwise agreed upon by you and Cusma Group, for RSVPs, clicks, applies or impressions accrued while the Job Ad for that Event was on the Site, and any platform fee, if applicable. Cusma Group may reach out to Job Seekers to communicate your Event cancellation. Cusma Group may immediately cancel the Program, any part thereof, or these IHEPP Terms at any time upon notice. Cusma Group may modify the Program or these IHEP Terms at any time without liability, and your use of the Program after notice that these IHEP Terms have changed indicates acceptance of the updated IHEP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IHEP Terms.

  1. Prohibited Uses

You shall not, and shall not authorize or assist any party to, advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where your Job Listing or Job Ad is displayed. You represent and warrant that (x) all your information and any and all information you provide to Cusma Group is correct and current; (y) you hold and grant Cusma Group and Partners all rights to copy, distribute, and display Job Listings or Job Ads (“Use”); and (z) such Use and websites linked from your Jobs Listings or Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IHEP Terms or your account without notice, and may subject you to legal penalties and consequences. Cusma Group or Partners may reject or remove any Job Listing, Job Ad, or content therein, and Cusma Group may disable any Employer’s account, for any or no reason without notice.

  1. Disclaimer and Limitation of Liability

CUSMA GROUP’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE CUSMA GROUP, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. Cusma Group and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per RSVP, click, apply, or impression, (ii) RSVP rates, click through rates, apply rates, or impression rates (including any estimate of rates provided in an insertion order), (iii) delivery of any impressions on any Partner Property or Cusma Group Property or sections of such properties, (iv) RSVPs, clicks, applies or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of attendees at your Event(s). AN RSVP TO YOUR EVENT(S) DOES NOT GUARANTEE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IHEP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IHEP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU, IF ANY, FOR THE JOB ADS OR JOB LISTINGS GIVING RISE TO THE CLAIM.

  1. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Cusma Group, and based on clicks, RSVPs, applies or impressions (distributed within your budget in Cusma Group’s sole discretion) and platform fee, if applicable. RSVPs are defined as a user completing the online RSVP form agreeing to attend your Event featured in any Job Ad. However, an RSVP does not guarantee that a Job Seeker will attend such Event. If your Cusma Group employer account has a credit card on file for the Cusma Group Ads Program or any other Cusma Group service, we will charge that same credit card for your Cusma Group Hiring Events RSVPs, if applicable.

If you are located in the United States, you shall pay all applicable charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Cusma Group incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Cusma Group products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Cusma Group’s click, RSVP, apply, or impression measurements. Cusma Group’s determination of number of clicks, RSVPs, applies or impressions shall be binding. Refunds (if any) are at the absolute discretion of Cusma Group and only in the form of advertising credit for Cusma Group Property. If you are removed from Cusma Group, but have previously spent on Cusma Group, you are not entitled to a refund of previously spent amounts.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Cusma Group may be shared by Cusma Group with companies who work on Cusma Group’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Cusma Group and servicing your account. Cusma Group may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Cusma Group shall not be liable for any use or disclosure of such information by such third parties.

All withholding tax remittances to the government are your sole responsibility and Cusma Group shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Cusma Group product, Cusma Group reserves the right to suspend or terminate your use of that Cusma Group product as well as any other Cusma Group product, including but not limited to those Cusma Group products where you do not have an unpaid invoice or account balance.

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Job Listing, Job Ad, screening or screener questions, Event, Site or Your Services, or breach of these IHEP Terms.

Cusma Group Hiring Platform Terms

These Cusma Group Hiring Platform terms (“IHP Terms”) for a part of, and are incorporated into the Cusma Group Terms of Service, and apply to any Employer or Job Seeker who accesses or uses the Cusma Group Hiring Platform or related services, or who otherwise indicates its acceptance of these IHP Terms. By accessing or using the Cusma Group Hiring Platform or related services or otherwise accepting these IHP Terms, you agree to these IHP Terms and to the Cusma Group Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these IHP Terms have the meaning set forth in the Agreement.

  1. The Program

Cusma Group Hiring Platform is a platform designed to automate and streamline your hiring and employment decision-making processes by allowing users access to various products such as Cusma Group Interview or related services (“Program”). You understand that use of Cusma Group Hiring Platform and related products is at your sole discretion and such tools are applied to your hiring process and job openings in the method and manner that you decide. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING YOUR EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT YOU MUST INDEMNIFY CUSMA GROUP AGAINST ANY AND ALL CLAIMS ARISING FROM YOUR USE OF CUSMA GROUP HIRING PLATFORM OR SIMILAR PRODUCTS. CUSMA GROUP DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT YOUR USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. Cusma Group makes no representation that Cusma Group or its affiliates are an employment agency by offering Cusma Group Hiring Platform and related tools. You understand that Cusma Group is not procuring employees for you or opportunities for Job Seekers.

By using the Program and accepting these IHP Terms you acknowledge and agree that you are asking Cusma Group to do the following: 1) post, on your behalf, Job Listings or Job Ads, as applicable, provided by you on the Site, and manage such ad campaign, using information such as the number of RSVPs, 2) include an RSVP function on the Site for a hiring event, interview session or interview post (“Event”) corresponding with each of your Job Ads or Listings, 3) receive from Job Seekers RSVPs to your Event(s), 4) add any screening tools you choose, including, but not limited to screening questions, evaluation methods, and Assessments, 5) send to you and/or other persons you identify information provided by a Job Seeker who RSVPs to your Event(s), and 6) communicate (via email or text message) information related to your Event(s) to Job Seekers who have RSVPed to your Event(s). If you request that Cusma Group send you and other persons you identify information provided by a Job Seeker who RSVPs to the Event(s), you certify and warrant that such person is part of your organization or is otherwise authorized to receive such information.

With regards to any Job Ad posted on Cusma Group via the Program, including any Job Ad of your Event posted in Cusma Group’s discretion, you agree that such Job Ad shall be subject to the Cusma Group Ads Program terms and the Cusma Group Targeted Ads Program terms, and the Cusma Group Ads Program terms and Cusma Group Targeted Ads Program terms are incorporated herein. Likewise, your use of any tools offered by Cusma Group is subject to the applicable Terms of Service. For example, using Assessments is subject to the Cusma Group Assessments Terms.

You further agree that you are solely responsible for everything regarding your Event(s), whether participating or hosting, including but not limited to, the content of the Job Listing or Job Ad, screening or screener questions, Assessments, the handling and safeguarding of Job Seeker information provided to you and/or other persons you identify as authorized to receive information regarding an Event or a Job Seeker, the Event location, your attendees at the Event, or any literature, signage or other documentation at the event. You are responsible for accommodating Job Seeker requests or needs during the interview or application process during the Event. You represent and warrant that any data you collect from attendees and share with Cusma Group is collected in accordance with local privacy rules. Moreover, you grant to Cusma Group, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any User Content or Cusma Group marketing materials, or actions by Cusma Group to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engine. You agree that Cusma Group may promote your Job Listing or Job Ad through any method in Cusma Group’s sole discretion, including but not limited to targeted advertising, on third party websites, including, but not limited to apps, or using keywords in third-party internet search engines. You further acknowledge and agree that Cusma Group is not responsible for reviewing qualifications, verifying identification, or otherwise screening Job Seekers during each Event and that you are solely responsible for so doing.

When Job Seekers apply or RSVP to your job listing, Cusma Group may request that they provide certain demographic information, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). By using the Program, you agree that Cusma Group may collect Demographic Information from Job Seekers applying to your job listing, and that Cusma Group may use it to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access any Job Seeker’s Demographic Information without their permission. You agree you are solely responsible for complying with applicable nondiscrimination laws. Cusma Group disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.

  1. Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Cusma Group, you may independently cancel any Job Listing or Job Ad (and corresponding Event) at any time (such cancellation is generally effective within 24 hours). However, if you cancel an Event, Cusma Group will still bill you in accordance with any pricing listed in a separate agreement or otherwise agreed upon by you and Cusma Group, for RSVPs, clicks, applies or impressions accrued while the Job Ad for that Event was on the Site, and any platform fee, if applicable. Cusma Group may reach out to Job Seekers to communicate your Event cancellation. Cusma Group may immediately cancel the Program, any part thereof, or these IHP Terms at any time upon notice. Cusma Group may modify the Program or these IHP Terms at any time without liability, and your use of the Program after notice that these IHP Terms have changed indicates acceptance of the updated IHP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IHP Terms.

  1. Prohibited Uses

You shall not, and shall not authorize or assist any party to, advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where your Job Listing or Job Ad is displayed. You represent and warrant that all your information and any and all information you provide to Cusma Group is correct and current; you hold and grant Cusma Group and Partners all rights to copy, distribute, and display Job Listings or Job Ads (“Use”); and (z) such Use and websites linked from your Jobs Listings or Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IHPTerms or your account without notice, and may subject you to legal penalties and consequences. Cusma Group or Partners may reject or remove any Job Listing, Job Ad, or content therein, and Cusma Group may disable any Employer’s account, for any or no reason without notice.

  1. Disclaimer and Limitation of Liability

CUSMA GROUP’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY,  MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE CUSMA GROUP, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE.  Cusma Group and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: costs per RSVP, click, apply, or impression, (ii) RSVP rates, click through rates, apply rates, or impression rates (including any estimate of rates provided in an insertion order), (iii) delivery of any impressions on any Partner Property or Cusma Group Property or sections of such properties, (iv) RSVPs, clicks, applies or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of attendees at your Event(s). AN RSVP TO YOUR EVENT(S) DOES NOT GUARANTEE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IHPTERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IHPTERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU, IF ANY, FOR THE JOB ADS OR JOB LISTINGS GIVING RISE TO THE CLAIM.

  1. Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Cusma Group, and based on clicks, RSVPs, applies or impressions (distributed within your budget in Cusma Group’s sole discretion) and platform fee, if applicable. Cusma Group may offer a subscription payment option wherein you will be charged as indicated in an insertion order. RSVPs are defined as a user completing the online RSVP form agreeing to attend your Event featured in any Job Ad. However, an RSVP does not guarantee that a Job Seeker will attend such Event. If your Cusma Group employer account has a credit card on file for the Cusma Group Ads Program or any other Cusma Group service, we will charge that same credit card for your Cusma Group Hiring Platform RSVPs, if applicable.

If you are located in the United States, you shall pay all applicable charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying all taxes and government charges, and (z) reasonable expenses and attorney fees Cusma Group incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Cusma Group products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Cusma Group’s click, RSVP, apply, or impression measurements. Cusma Group’s determination of number of clicks, RSVPs, applies or impressions shall be binding. Refunds (if any) are at the absolute discretion of Cusma Group and only in the form of advertising credit for Cusma Group Property. If you are removed from Cusma Group, but have previously spent on Cusma Group, you are not entitled to a refund of previously spent amounts.

You acknowledge and agree that any credit card and related billing and payment information that you provide to Cusma Group may be shared by Cusma Group with companies who work on Cusma Group’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Cusma Group and servicing your account. Cusma Group may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Cusma Group shall not be liable for any use or disclosure of such information by such third parties.

All withholding tax remittances to the government are your sole responsibility and Cusma Group shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Cusma Group product, Cusma Group reserves the right to suspend or terminate your use of that Cusma Group product as well as any other Cusma Group product, including but not limited to those Cusma Group products where you do not have an unpaid invoice or account balance.

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Job Listing, Job Ad, screening or screener questions, Event, Site or Your Services, or breach of these IHP Terms.

Cusma Group IQ Tool Terms

These Cusma Group IQ Tool Program terms (“Cusma Group IQ Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service, and apply to any Employer that accesses or uses the Cusma Group IQ tool, or that otherwise indicates its acceptance of these Cusma Group IQ Terms. By accessing or using the Cusma Group IQ Tool or by otherwise accepting these Cusma Group IQ Terms, you agree to these Cusma Group IQ Terms and to the Cusma Group Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these Cusma Group IQ Terms have the meaning set forth in the Agreement. 

  1. The Tool

Use of the Cusma Group IQ Tool and Services (collectively “Cusma Group IQ”) on or through the Site is subject to all applicable Cusma Group terms and policies, including without limitation the Cusma Group Privacy Policy and those instructions provided on the Site, if you are using Cusma Group IQ through our on-line forms. Cusma Group policies may be modified at any time.

Cusma Group will supply the services to you in accordance with the Insertion Order(s) (IO) in all material respects. Any performance dates specified in the IO shall be estimates only. Cusma Group shall have the right to make any changes to the services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the services, and Cusma Group shall notify you in such event.

You will provide Cusma Group with such information and materials as Cusma Group may reasonably require in order to supply the services, and ensure that such information is accurate in all material respects; obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the services are to start and comply with any additional obligations as set out in the IO. 

You shall maintain sole responsibility for all ad or job content and target URLs, whether generated by or for you, and websites proximately reachable from URLs and your services and products (“Creative”). If Cusma Group is unable to perform due to any act or omission by you, Cusma Group may, in its sole discretion, suspend performance of the services until you provide a remedy. Cusma Group may rely on you to relieve it from the performance of any of its obligations to the extent you prevent or delay Cusma Group’s performance; Cusma Group will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Cusma Group’s failure or delay to perform any of its obligations as set out in this clause; and you will reimburse Cusma Group on written demand for any costs or losses sustained or incurred by Cusma Group arising directly or indirectly from you.

Further, you authorize Cusma Group to implement such campaign plans and media schedules for time, space and other facilities as the tool shall determine, subject to your spend.

  1. Tool License

Cusma Group grants you a non-exclusive right to permit additional users to use the tool during the term of the agreement (Authorized Users). You shall not transfer or sublicense the right without the prior written consent of Cusma Group. In relation to the Authorized Users, you undertake that: (a) the maximum number of Authorized Users that you authorize to access and use the tool shall not exceed the number of user subscriptions you have been granted by Cusma Group from time to time; (b) you will not allow or suffer any user subscription to be used by more than one individual Authorized User unless it has been reassigned in its entirety to another individual Authorized User, in which case the prior Authorized User shall no longer have any right to access or use the tool; and (c) each Authorized User shall keep a secure password for his use of the tool and that each Authorized User shall keep his password confidential. 

You shall use all reasonable endeavours to prevent any unauthorized access to, or use of, the tool and, in the event of any such unauthorized access or use, promptly notify Cusma Group. The rights provided under this clause are granted to you only, and shall not be considered granted to any subsidiary or holding company of you. 

  1. Cancellations and Amendments

Cusma Group reserves the right, without prior notice to you, to (a) refuse or cancel any advertisement without giving a reason or (b) to alter, cancel or postpone the publication of any advertisement.

In such circumstances Cusma Group will return any monies paid by you in respect of such advertisement. If you cancel or amend any specific IO, it must be done so in writing and you shall pay to Cusma Group: the charges in respect of any such services; any charges or expenses incurred by Cusma Group or to which Cusma Group is committed in respect of any such services; any charges imposed on Cusma Group by third parties arising from the cancellation or amendment. For the avoidance of doubt, this clause shall not be construed to permit termination of the agreement, which shall be governed by these terms and conditions

  1. Disclaimer and Limitation of Liability

CUSMA GROUP’S PROVISION OF THE TOOL, SITE AND SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO CUSMA GROUP IQ AND YOUR USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE CUSMA GROUP, THE SITE, AND THE PROGRAM AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. Cusma Group and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Publisher Property or Cusma Group Property or sections of such properties, (iv) clicks, (v) conversions for any Creative, or (vi) interest in your Job Listing. The aforementioned disclaimers apply regardless of whether a Job Listing appears on desktop or mobile. CLICKS ARE ANONYMOUS AND CUSMA GROUP HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

  1. Intellectual Property

You acknowledge and agree that Cusma Group and/or its licensors own all intellectual property rights in the tool. Except as expressly stated herein, these terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the tool. You grant Cusma Group the right free of charge to use such of your Intellectual Property Rights as Cusma Group shall consider necessary to provide the services. Cusma Group shall have a continuing right to use such rights for the purposes of promoting Cusma Group and its services. You shall ensure that any domain names or Intellectual Property Rights used in connection with the services do not infringe any third party rights and you shall indemnify and hold harmless Cusma Group, its agents and employees from any liability, cost, loss, damages, award, settlement or other expense of any kind (including legal and professional fees) arising from any claim, demand or action alleging that such domain names or Intellectual Property Rights infringe any third party rights.

  1. Payment

You shall be charged based on (a) any commission or other charges specified in the IO; (b) all media time and space at the published rates from time to time; (c) the cost of any services provided by third parties and required by Cusma Group for the performance of the services; and (d) the cost of any materials. Cusma Group shall not incur charges in respect of the items described in excess of the amount specified by you from time to time. For the avoidance of doubt, any commission and other charges specified in the IO shall be charged to you by Cusma Group in addition to your campaign spending budget. All media costs will be billed and paid in such a manner as to assure You will achieve available discounts (volume or otherwise) applicable to purchases made by Cusma Group on behalf of You and actually received by You. For the avoidance of doubt, any discounts applicable to your media spend will be used to the benefit of you, unless otherwise agreed in writing by you and Cusma Group. 

If a third party media provider issues any statement, determination or notification of costs which reflects an amount higher than any statement given via the tool, it shall be conclusive evidence (in the absence of manifest error) of the media spend in relation to that media provider for the services to which such statement, determination or notification relates notwithstanding any indication or statement to the contrary given via the tool. For example, if the tool states that an advertisement has received 90 clicks but a media provider issues a statement that the same advertisement has received 100 clicks, the media provider’s statement shall be final and the charges shall be calculated on the basis of the media provider’s statement.

The cost to Cusma Group of media, services or materials purchased overseas may be more or less than the cost anticipated at the date Cusma Group orders the relevant media, services or materials as a result of fluctuations in the rate of currency exchange. Cusma Group will charge you at the rate of currency exchange on the date Cusma Group pays for the relevant media, services or materials.

Cusma Group shall invoice you in accordance with the IO. You agree that Cusma Group may receive invoices from media publishers on your behalf. Where required by law, Cusma Group shall make media publisher invoices available to you upon your request. Cusma Group may also cause media publishers to invoice you directly.

If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. This choice of currencies will be fully subject to Cusma Group’s discretion. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate.

You shall pay each invoice submitted by Cusma Group: within 30 days of the date of the invoice; and in full and in cleared funds to a bank account nominated in writing by Cusma Group, and time for payment shall be of the essence of the agreement.

You shall pay all amounts due under the agreement in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). Cusma Group may at any time, without limiting its other rights or remedies, set off any amount owing to it by you against any amount payable by Cusma Group to you.

  1. Termination

Without limiting its other rights or remedies and subject to any fixed term specified in the IO, either party may terminate the agreement by giving the other party 2 months’ written notice.

Without limiting its other rights or remedies, either party may terminate the agreement with immediate effect by giving written notice to the other party if: the other party commits a material breach of any term of the agreement and (if such a breach is remediable) fails to remedy that breach within 20 Business Days of that party being notified in writing to do so; the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the agreement has been placed in jeopardy.

Without limiting its other rights or remedies, Cusma Group may terminate the agreement with immediate effect by giving written notice to you if: you fail to pay any amount due under the agreement on the due date for payment and remains in default not less than 45 days after being notified to make such payment; you object to the appointment of an additional or replacement sub-processor; or there is a change of Control.

Cusma Group may terminate the agreement with immediate effect by giving written notice to you if you fail to provide advance payments within 14 days of Cusma Group’s written request. Without limiting its other rights or remedies, Cusma Group may suspend provision of the services if you fail to pay any amount due under this agreement on the due date for payment, or if you object to the appointment of an additional or replacement sub-processor.

  1. Consequences of Termination

On termination of the agreement for any reason: you shall immediately pay to Cusma Group all of Cusma Group’s outstanding unpaid invoices and interest and, in respect of services supplied but for which no invoice has been submitted, Cusma Group shall submit an invoice, which shall be payable by you immediately on receipt; you shall return all of the Cusma Group materials and any deliverables which have not been fully paid for; the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry; and clauses which expressly or by implication survive termination shall continue in full force and effect.

Upon termination of the agreement and payment by you of all charges due, Cusma Group will give you reasonable cooperation in transferring, subject to the approval of third parties where required, all reservations, contracts and arrangements with media or other suppliers yet to be completed and subject to all rights and claims thereto.

Following termination of the agreement, you shall not use any campaign plan, media schedule or other deliverables prepared by Cusma Group for you without the prior written consent of Cusma Group. Cusma Group shall be entitled to charge a licence fee or royalties in respect of any such campaign plan, media schedule or deliverables. 

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, licensors, employees and Publishers from any third party claim or liability (including without limitation reasonable legal fees) arising out of your: use of Cusma Group IQ, Creative, site or services, or breach of these Terms, including but not limited to any claim, demand or action alleging that any advertisement or deliverable is contrary to any law, code or regulation.

  1. Confidentiality

You agree and acknowledge that you may not disclose to any person any Cusma Group Confidential Information concerning the business affairs, customers, clients or suppliers of Cusma Group unless such disclosure is necessary for performance of Cusma Group services without prior written consent.  “Cusma Group Confidential Information” includes without limitation: (a) all Cusma Group software, technology, programming, specifications, materials, guidelines and documentation relating to Cusma Group IQ; (b) click-through rates or other performance statistics relating to Cusma Group IQ provided to you by Cusma Group; and (c) any other information designated in writing by Cusma Group as “Confidential” or an equivalent designation.

Further, you agree to only use Cusma Group Confidential Information for performing your obligations. Nothing in the agreement shall prohibit Cusma Group from using as it sees fit any general marketing or advertising intelligence gained by Cusma Group in the course of providing the services.

Cusma Group Vulnerability Reward Program

Program Description

As part of Cusma Group’s commitment to the security of our Job Seekers, advertisers, and publishers, we partnered with Bugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in an Cusma Group product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in Cusma Group’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered.

Legal Notes

Cusma Group will not issue rewards to researchers from countries on sanctions lists (e.g. – Cuba, Iran, North Korea, Sudan, and Syria). There may be additional restrictions on your ability to enter depending upon your local laws. Your testing must not violate any law, or disrupt or compromise any data that is not your own.

ZapInfo Terms

These ZapInfo terms (“ZapInfo Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service, and apply to any Employer who accesses or uses the ZapInfo Service (defined below), or who otherwise indicates its acceptance of these ZapInfo Terms. By accessing or using the ZapInfo Service or by otherwise accepting these ZapInfo Terms, you agree to these ZapInfo Terms and to the Cusma Group Terms of Service (the “Agreement”).

Any capitalized terms that are used but not defined in these ZapInfo Terms have the meaning set forth in the Agreement.

  1. The ZapInfo Service

Use of ZapInfo service, whether provided in the form of a website, app, or browser extension (collectively the “ZapInfo Service”) by an Employer is subject to all applicable Cusma Group rules, guidelines, policies and other terms and conditions made available to you, including through the Site and on any FAQ and information page(s) provided by Cusma Group, any or all of which may be modified at any time. 

The ZapInfo Service contains a tool permitting Employers to copy and store candidate information as they select, and that Cusma Group does not play a role in the selection, evaluation, or assembly of such information beyond providing the ZapInfo Service. The ZapInfo Service does not request or source any candidate information from third parties, but only stores information provided by the Employer. You are responsible for, and Cusma Group disclaims any warranty with regard to, the accuracy, timeliness, usefulness, or availability of any candidate information you store in the ZapInfo Service. 

Cusma Group does not inquire into the backgrounds of Job Seekers or attempt to verify any information you store in the ZapInfo Service. Cusma Group’s role is limited to storing the information you select. Any determination regarding whether that information is accurate, whether it pertains to a given Job Seeker, or whether it indicates a Job Seeker is qualified for a job, is made solely by you as an Employer. You are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Job Seeker. 

The ZapInfo Service may also contain a tool assisting Employers in writing and submitting queries to third-party search engines (“Search Builder”). The Search Builder is provided without warranty and Cusma Group makes no guarantee regarding the availability, accuracy, or reliability of any third-party search engine or any information obtained through use of the Search Builder. 

The ZapInfo Service may offer access to integrations permitting Employers to transmit information into their account held with an Applicant Tracking System or other third-party service (“ZapInfo Integrations”). Cusma Group makes no guarantee that any ZapInfo Integration will be or continue to be available. All ZapInfo Integrations are presented without warranty and are provided on an “as is” and “as available” basis only, and Cusma Group disclaims all liability for any unavailability or technical malfunction of any such integration, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from any such integration. 

The ZapInfo Service may provide functionality that allows you to upload information about job applicants to Cusma Group and to interact with these individuals and direct Cusma Group to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information You provide or otherwise make available to Cusma Group through our Candidate Import service includes Client Personal Data, you instruct Cusma Group to process such information on your behalf pursuant to this Agreement and the Data Processing Addendum; Client Personal Data and Cusma Group as used in this sentence shall have the meanings given to them in the Data Processing Addendum. By using Candidate Import, You represent and warrant that you have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection law for You to provide or otherwise make available Client Personal Data to Cusma Group using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to Cusma Group using Candidate Import has exercised any right or made any request to You that would prevent or otherwise limit your ability to share such individual’s Personal Data with Cusma Group for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with Cusma Group (in accordance with Cusma Group’s Terms and Privacy Policy) and that Cusma Group may contact them over email as part of your hiring process, including requesting them to create an account with Cusma Group. You agree to defend and indemnify Cusma Group for any breach of the foregoing sentence.

The ZapInfo Service may be provided in the form of a Chrome extension. By installing the extension, you agree to Cusma Group’s collection of data relating to your visit to third party sites, as described in Cusma Group’s Privacy Policy. Such data may include candidate information that you save, notes that you save or update, or data regarding how you engage with websites or other actions you take on such websites, including URLs of websites you visit. 

  1. Privacy

Your use of the ZapInfo Service is subject to Cusma Group’s Privacy Policy.  You further acknowledge and agree that you are solely responsible for any access to information stored in your account that you give to third parties via ZapInfo Integrations, and for ensuring all such access complies with applicable state, federal, and national laws and regulations.

  1. Fees

ZapInfo is currently free for Employers. Cusma Group may, in its sole discretion and at any time, end Employers’ free use of ZapInfo and begin to charge Employers to use ZapInfo as a standalone product or in conjunction with an Employer’s use of any other Cusma Group product.

  1. Rules; Employer Representations and Warranties

Your use of the ZapInfo Service is subject to the Agreement, including without limitation the Cusma Group Site Rules. You represent and warrant to Cusma Group that: a) that all information you provide to Cusma Group is correct and current; b) you will only use the ZapInfo Service in accordance with all applicable laws, rules, and regulations; c) your use of the ZapInfo Service will not violate the rights of any person, including without limitation any privacy rights or any rights under the Fair Credit Reporting Act. 

  1. Disclaimer and Limitation of Liability

CUSMA GROUP’S PROVISION OF THE ZAPINFO SERVICE AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE ZAPINFO SERVICE AND YOUR USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY INFORMATION THAT YOU VIEW, COLLECT, OR STORE IS ACCURATE. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE ZAPINFO SERVICE AND THE SITE AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR THE ZAPINFO SERVICE  WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. 

EXCEPT FOR FOR ANY BREACH BY YOU OF SECTION 6 HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE ZAPINFO TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE ZAPINFO TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU FOR THE CUSMA GROUP SERVICE GIVING RISE TO THE CLAIM.

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your breach of these Terms, your installation or use of the ZapInfo Service, or any information you view, collect, or store through the ZapInfo Service. 

  1. Termination

Cusma Group may suspend the ZapInfo Service, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Cusma Group at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Cusma Group Business Perks Participant Terms

These Cusma Group Business Perks Participant terms (“Participant Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service, and apply to any individual or entity registering as a vendor or participant in the Cusma Group Business Perks program, or who otherwise indicates their acceptance of these Participant Terms (“Participant” or “you”). By accessing or using the Cusma Group Business Perks program or by otherwise accepting these Participant Terms, you agree to these Participant Terms and to the Cusma Group Terms of Service (the “Agreement”). Any capitalized terms that are used but not defined in these Participant Terms have the meaning set forth in the Agreement.

  1. The Program

Cusma Group may offer Participants the opportunity to apply to have advertising materials including images, text, and information about Participant’s product or service (“Participant Listings”) included in the Business Perks program. Participant is responsible for providing accurate information in its Participant Listing. If any information is inaccurate or needs to be updated or modified, Participant will promptly provide Cusma Group with corrections, updates, or modifications. By submitting a Participant Listing to Cusma Group, you are requesting that Cusma Group display your Participant Listing in the Cusma Group Business Perks program for display to users visiting the Site (“End Users”). 

Participation in the Cusma Group Business Perks program is subject to Cusma Group’s approval, and Cusma Group may in its sole discretion reject any Participant, Participant Listing, or site, in whole or in part, for any or no reason, at any time. Use of Cusma Group Business Perks and the Site is subject to all applicable Cusma Group terms and policies, including without limitation the Agreement and the Cusma Group Cookie Policy and Privacy Policy. Cusma Group policies may be modified at any time.  

Participant agrees that Cusma Group may reformat and host (but not change the content of) the Participant Listing on the Site in any way Cusma Group sees fit. Distribution and placement of Participant Listings is at Cusma Group’s sole discretion and may vary depending on demand, industry, sponsorship, and other considerations. Cusma Group does not guarantee performance or placement of any Participant Listing. Participant agrees that Cusma Group may display markings (such as “featured” or “preferred”) in connection with any Participant Listing, and that such markings are without warranty. 

  1. Landing Page 

Participant shall have the sole right and responsibility of creating and maintaining a web page permitting End Users to purchase the goods or services described in the Participant Listing (“Landing Page”). Participant is solely responsible for maintaining and supporting the Landing Page, and for providing End Users with such goods and services. 

The Landing Page shall be operated in compliance with all applicable laws. Participant shall protect any End User’s information it collects in connection with participation in Cusma Group Business Perks, including without limitation personal data, from unauthorized access or use, and will promptly report to End Users any unauthorized access or use of such information. Participant may not sell any data provided by Cusma Group or collected from End Users. In addition, Participant may not license, share or transfer any such data to a third party unless it is necessary solely for providing the functionality of the Participant Listing or Landing Page and, in such case, only in accordance with (i) applicable laws and (ii) any representations, statements and agreements Participant has made to End Users. 

Participant is responsible for the content in its Participant Listing, Landing Page, and any websites proximately reachable from the foregoing, whether generated by or for Participant, including without limitation the accuracy, legality, and appropriateness of such content. Participant represents and warrants that all Participant’s information is correct and current, and that neither Cusma Group’s use of such information, nor any Participant Listing or Landing Page, will violate or encourage violation of any applicable laws. All Participant Listings submitted to Cusma Group will be considered User Content under the Agreement, and must comply with the Rules for Using our Site contained therein. 

Participant bears full responsibility and risk and liability for all aspects of the conduct and operations of its business including, but not limited to, (i) offers of all products and services sold or licensed on Participant Listing and its Landing Page; (ii) its relationship with visitors and users of its website, vendors, licensees, licensors, regulatory agencies, governmental bodies and other third parties; and (iii) its relationship with its customers, including, but not limited to, End Users. Cusma Group may identify Participant as the party responsible for the Participant Listing and Landing Page, including without limitation referring End User complaints to Participant.

  1. Referrals 

Participant may refer to Cusma Group sales leads for new customer subscription of Cusma Group’s products or services (“Proposed Leads”). Cusma Group shall compensate Participant, in accordance with a Fee Schedule signed by Cusma Group and Participant, for Proposed Leads that are accepted by Cusma Group and result in a new customer subscription for Cusma Group’s products or services. Cusma Group will be under no obligation to accept any Proposed Lead and may reject or decline to accept any Proposed Lead for any or no reason, as determined by Cusma Group in its sole discretion, including without limitation, that: (i) the Proposed Lead was an existing customer of Cusma Group at the time of the referral by Participant;
 (ii) Participant was already involved in discussions relating to the sale of Cusma Group’s products or services to the Proposed Lead at the time of the referral to Cusma Group; or (iii) the Proposed Lead had previously been referred to Cusma Group by Participant or by any other third party. 

  1. Prohibited Uses

Participant Listings, Landing Pages, and related materials may not contain or promote anything illegal or in violation of the Rules for Using Our Site contained in the Agreement. Participant shall not, and shall not authorize any party to: (i) generate automated, fraudulent or otherwise invalid impressions or clicks; (ii) reverse engineer, disassemble or decompile any Cusma Group code or technology used in connection with the Site; or (iii) take any action that interferes with, damages, or accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of Cusma Group or of any end user or other third party. 

Participant acknowledges and agrees that: (i) Cusma Group may use technological measures and other lawful measures to verify Participant’s compliance with the terms of the Agreement and enforce Cusma Group’s rights; (ii) Cusma Group may deny any person access to and/or use of the Site; and (iii) in the course of providing Cusma Group Business Perks Cusma Group and its representatives may collect, maintain, process, and use diagnostic, technical, usage, and related information, including but not limited to use of the Participant Listing. This information will be processed and analyzed in accordance with the Agreement and the Cusma Group Privacy Policy. By accessing, using and providing information to or through Cusma Group Business Perks, Participant agrees to all such actions taken by Cusma Group with respect to Participant’s information. Cusma Group also reserves the right to access and use the Participant Listing, and Participant shall not interfere with such access and use of the Participant Listing. 

Participant shall not send any marketing message to an End User without such End User’s explicit written consent, and Participant shall immediately honor any End User’s request to revoke such consent. Participant shall not offer, sell or market any product or service to an End user other than the Participant Listing until and unless such End User or Cusma Group subsequently requests further or additional information. 

Participant shall not under any circumstances send to any person any call or text message that mentions, refers to, endorses, or is in any way related to Cusma Group or the Business Perks program.

  1. Fees & Payment

Participant shall receive a commission payment with respect to valid clicks (as determined solely by Cusma Group, and subject to any cap amounts determined solely by Cusma Group) in relation to Participant Listing displayed on Cusma Group Business Perks pursuant to the Fee Schedule attached hereto and incorporated herein in all respects by reference. PARTICIPANT ACKNOWLEDGES AND AGREES THAT, IN EACH CASE, THE AMOUNT OF SUCH CLICKS AND SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY CUSMA GROUP, IN ITS SOLE DISCRETION, AND THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, ALSO TO BE DETERMINED BY CUSMA GROUP IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. Participant also acknowledges and agrees that any billing and payment information that Participant provides to Cusma Group may be shared by Cusma Group with companies who work on Cusma Group’s behalf, such as payment processors, solely for the purposes of effecting payment to Participant and servicing its account. Participant shall not be compensated for any transactions generated by Participant or any party acting on Participant’s behalf. In addition, Cusma Group shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Cusma Group or if Participant is in breach of these Participant Terms. In addition and not in limitation to the above, Participant shall refund the share of that revenue paid to Participant, if caused by artificial or fraudulent impressions. No dashboard or any other view of any click count shall be considered as contractually binding on Cusma Group. All commission amounts may be subject to an overall commission cap, in Cusma Group’s sole discretion, and subject to change at any time. Payments are inclusive of all taxes, including VAT. 

  1. Intellectual Property

Participant hereby grants Cusma Group permission to refer to Participant and its websites in Cusma Group’s marketing materials, wherever such marketing materials shall appear. In addition, if Participant creates or manages a webpage on its site that includes list of companies that have a business relationship with Participant, Participant must include Cusma Group on such webpage during the term of the Agreement and shall use Cusma Group’s logo as set forth on https://www.Cusma Group.com/p/jobsearch.gif, in compliance with the Agreement. 

Under no circumstances may Participant impersonate or act as Cusma Group on any site (which shall include bidding on Cusma Group’s names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third party sites. Participant represents and warrants to Cusma Group that any marketing performed by Participant will comply with all laws of the jurisdiction in which the marketing is conducted, including but not limited to email, text messaging and general advertising laws. Participant agrees not to make any representations, guarantees or warranties (i) that violate any laws or regulations, including any false advertising or consumer protection laws, (ii) with respect to Cusma Group, Cusma Group Business Perks, or Cusma Group’s product or services, or (iii) by Cusma Group or on behalf of Cusma Group. 

Except as expressly permitted by this Agreement, Participant shall not make or cause to be made, any statement, public announcement, public filing, claim or representation of a business relationship with Cusma Group without the express prior written consent of Cusma Group in each instance, and shall not send marketing messages to end users within any product experience integrated with Cusma Group products without the explicit written consent of Cusma Group. Participant shall not be permitted to send text messages on behalf of Cusma Group.

  1. Cancellation

Participant may request removal of its Participant Listing from Cusma Group Business Perks by giving notice to Cusma Group (such request is generally implemented within 2 business days). Participant may terminate its participation in the Program for any or no reason at any time, with thirty (30) days prior written notice.  Cusma Group may immediately cancel the Business Perks Program or these Participant Terms at any time upon notice. Cusma Group may remove or cancel any Participant Listing, terminate or suspend these Participant Terms, any rights granted herein, Cusma Group Business Perks and Participant’s rights under these Participant Terms, or revoke access to Cusma Group Business Perks, in Cusma Group’s sole discretion at any time and for any reason. Cusma Group may modify the Program or these Participant Terms at any time without liability, and your use of the Program after notice that these Participant Terms have changed indicates acceptance of the updated Participant Terms. Regardless of cancellation, Participant shall continue to honor for End Users the terms of any applicable offers contained in Participant Listings. Cusma Group may in its sole discretion provide a notice of cancellation to End Users. Sections 1, 2, 4, 5, 7, 8, 9, and 10 will survive any cancellation or termination of these Participant Terms.

  1. Disclaimer and Limitation of Liability

THE CUSMA GROUP BUSINESS PERKS PROGRAM AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. WITH RESPECT TO THE BUSINESS PERKS PROGRAM AND PARTICIPANT’S USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE CUSMA GROUP BUSINESS PERKS PROGRAM AND THE SITE AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR THE CUSMA GROUP BUSINESS PERKS PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. 

Cusma Group and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) click through rates, (ii) clicks, (iii) conversions for any Participant Listing, or (vi) interest in any Participant Listing. Cusma Group does not commit to provide, guarantee or make representation regarding the volume of impressions, click delivery, referrals, sales, or traffic to Participant’s website or Landing Page. 

CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, MAKE NO WARRANTY OF ANY KIND THAT CUSMA GROUP BUSINESS PERKS OR ANY MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, SERVICES OR PRODUCTS OR RESULTS OF THE USE OF OR AVAILABLE ON OR THROUGH CUSMA GROUP BUSINESS PERKS WILL MEET PARTICIPANT’S OR ANY OTHER PERSON’S REQUIREMENTS (INCLUDING WARRANTIES REGARDING RELIABILITY, TIMELINESS AND PERFORMANCE), OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF PARTICIPANT’S OR ANY THIRD PARTY’S SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. CUSMA GROUP HAS NO RESPONSIBILITY FOR CONFIRMING ANY END USER’S IDENTITY. A CLICK ON A PARTICIPANT LISTING DOES NOT GUARANTEE INTEREST. CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH CUSMA GROUP BUSINESS PERKS.

PARTICIPANT UNDERSTANDs AND AGREES THAT PARTICIPANT ACCESSES AND USES CUSMA GROUP BUSINESS PERKS AT ITS OWN DISCRETION AND RISK AND THAT PARTICIPANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO PARTICIPANT’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACCESS OR USE. PARTICIPANT UNDERSTANDS AND AGREES THAT PARTICIPANT CREATES A PARTICIPANT LISTING AT ITS OWN DISCRETION AND RISK AND THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS OR ANY OTHER PERSON’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM PARTICIPANT’S PARTICIPANT LISTING.

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 9 HEREUNDER, AND FOR ANY BREACH BY PARTICIPANT OF SECTION 2, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE PARTICIPANT TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE PARTICIPANT TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY PARTICIPANT FOR THE PARTICIPANT LISTING GIVING RISE TO THE CLAIM.

  1. Indemnification

Participant agrees to indemnify, defend and hold harmless Cusma Group, its agents, affiliates, and licensors, from any third party claim or liability (including without limitation reasonable legal fees) arising out of participation in the Business Perks program, Participant Listing or other materials provided to Cusma Group, any communications with End Users, or breach of these Participant Terms.

  1. Governing Law and Dispute Resolution

These Participant Terms and any dispute arising out of or in connection with these Participant Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these Participant Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Austin, Texas, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Austin, Texas, U.S.A.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these Participant Terms, if you are located in the United States.

  1. Class Action Waiver

By using the Site and in return for the services offered by Cusma Group, Participant acknowledges that Cusma Group can only offer the Business Perks program under the terms and conditions as presented herein. As partial consideration for Participant’s use of the Site and these services, Participant agrees not to sue Cusma Group as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Cusma Group. Nothing in this paragraph, however, limits Participant’s rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 10 above.

Beta Terms of Service

Last Updated: July 20, 2021

These Cusma Group Beta Product Terms of Service (“IBP Terms”) form a part of, and are incorporated into, the Cusma Group Terms of Service, and apply to any user who accesses or uses any Cusma Group Beta Product (“IBP”), or who otherwise indicates its acceptance of these IBP Terms. By accessing or using any Cusma Group Beta Product or by otherwise accepting these IBP Terms, you agree to these IBP Terms and also agree to the Cusma Group Terms of Service (the “Agreement”). Products considered an IBP and governed by these IBP terms generally follow the naming convention: “Cusma Group [Product Name] Beta.”

Any capitalized terms that are used but not defined in these IBP Terms have the meaning set forth in the Agreement.

  1. Beta Disclaimer

THE BETA PRODUCT PROVIDED BY THESE TERMS IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT AND/OR ACCOMPANYING MATERIALS. YOU USE ANY IBP AT YOUR OWN RISK.

  1. The Program

Use of any IBP is subject to all applicable Cusma Group terms and policies, including without limitation the Cusma Group Privacy Policy and those instructions provided on the Site. Cusma Group policies may be modified at any time. With regards to any content posted on the Site through any IBP, you agree that you are solely responsible for all: (a) content and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. As part of using any IBP, Cusma Group may provide you with the opportunity to submit comments, suggestions or other feedback regarding your use of the IBP. You agree that in the absence of a separate written agreement to the contrary, Cusma Group will be free to use any feedback you provide for any purpose and without compensation.

  1. Confidentiality

If you are an Employer and have been invited to test an IBP, you agree that, unless otherwise specifically provided herein or agreed by Cusma Group in writing, any IBP and any documentation provided corresponding with an IBP constitute confidential proprietary information of Cusma Group. You shall permit only authorized users, who possess rightfully obtained access to any IBP, access to the IBP or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Cusma Group.

  1. Cancellation

Unless otherwise stated in an insertion order or other agreement with Cusma Group, you may independently cancel your use of any IBP at any time (such cancellation is generally effective within 24 hours). Cusma Group may cancel any IBP or these IBP Terms at any time. Cusma Group may modify any IBP or these IBP Terms at any time without liability, and your use of any IBP after these IBP Terms have changed indicates acceptance of the updated IBP Terms. Sections 1, 2, 3, 5, 6, 7 and 8 will survive any expiration or termination of these IBP Terms.

  1. Prohibited Uses

You represent and warrant that (a) all your information is correct and current; (b) you hold and grant Cusma Group and Partners all rights to copy, distribute and display Creative (“Use”); and (c) such Use and websites linked from any content posted via any IBP (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IBP Terms or your account without notice, and may subject you to legal penalties and consequences. Cusma Group may reject or remove any content posted via any IBP, and Cusma Group may disable any Employer’s account, for any or no reason without notice.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

CUSMA GROUP’S PROVISION OF ANY IBP AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PRODUCT AND YOUR USE THEREOF, CUSMA GROUP AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE ANY IBP AND THE SITE AT YOUR OWN RISK. CUSMA GROUP DOES NOT GUARANTEE THAT THE SITE OR ANY IBP WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. 

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 7 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 2, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IBP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IBP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO CUSMA GROUP BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

  1. Payment

If applicable, you shall be charged in accordance with the pricing listed in a separate agreement or insertion order with Cusma Group, or as displayed on the Site corresponding with any IBP made available to you. In all instances, charges are based solely on Cusma Group’s measurements and Cusma Group’s determination of charges shall be binding.

  1. Indemnification

You shall indemnify, defend and hold harmless Cusma Group, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of our IBP use, Creative, site or Your Services, or your breach of these IBP Terms.

Cusma Group Affiliate Acceptable Use Policy

Last Updated: October 25th, 2021

  1. General

This Cusma Group Affiliate Acceptable Use Policy (“AAUP”) is applicable to affiliates (‘Affiliates’) of Cusma Group, Inc. (‘Cusma Group’) who publish on their websites, or provide links from their websites to web pages that contain, any of the following elements provided by Cusma Group (collectively, ‘Program Elements’): job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Cusma Group logos or other elements supplied by Cusma Group for use on Affiliates’ websites or websites co-branded by Cusma Group and Affiliate. Affiliates include the party publishing the results and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this AAUP. As a publisher, you are responsible for compliance with all local or applicable laws, including any marketing or advertising laws. Cusma Group only compensates publishers for clicks that occur on your page, and not clicks obtained by any other means, including but not limited to text messages.

  1. Restricted Websites

Program Elements may not be published on, or linked by Affiliate from, any website that: (a) is under construction, incomplete or non-functioning; (b) contains material that infringes or misappropriates the rights, including copyright, of others; (c) contains pornographic, obscene, defamatory, violent, or hate-oriented material; (d) promotes spam; or (e) is in violation of any applicable law, or promotes any illegal goods, services or activities; or (f) engages in any other activities, whether lawful or unlawful, that Cusma Group determines are harmful to Cusma Group’s reputation, goodwill, other affiliates, customers or operations.

  1. Location and Delivery of Program Elements

Affiliate shall not serve: (i) more than one Program Element on any single Web page without prior authorization in writing from Cusma Group; (ii) any Program Element on a Web page that does not contain substantial content other than the Jobroll itself; or (iii) any Program Element on a page published specifically for the purpose of showing ads, irrespective of the page content. Affiliate shall not serve Program Elements on, or link to web pages that contain Program Elements from, any: (a) downloadable software application without the written consent of Cusma Group; (b) software that can trigger pop-ups, redirect users to unwanted websites, modify browser settings, or otherwise interfere with site navigation; (c) Website that is not directly controlled by Affiliate; or (d) newsgroups, message boards, emails, link farms, counters, chatrooms, guestbooks, domain parking websites, pop-ups or pop-unders. Any use of Cusma Group’s XML Application Programming Interface (‘API’) by Affiliate shall be solely in accordance with the guidelines stipulated by Cusma Group for use of the API which may include informational requirements, or restrictions on sizes of requests, frequency, and query complexity.

  1. Prohibited Activities

Affiliate shall not:(a) modify the Program Elements without written consent from Cusma Group; (b) place notices in proximity to any Program Element to encourage or require users to click on or use the services (Affiliates may, however, state: ‘click here to visit our sponsor’ or ‘to visit our advertiser, click here’); (c) label Program Elements with text other than ‘powered by Cusma Group’ or ‘ads by Cusma Group’ or include any text in proximity to the Program Elements that could be confused with, or be associated with Program Elements; (d) use deceptive or unnatural means to draw attention to or incite clicks or use of Program Elements; (e) require users to click on a Program Element prior to entering an Affiliate website or any area therein or provide incentives of any nature to encourage or require users to click on or otherwise use Program Elements; (f) engage in any method to artificially and/or fraudulently inflate the volume of impressions or clicks associated with Program Elements or other sponsored advertising, including but not limited to: repeated manual clicks; the use of robots or other automated query tools and/or computer-generated search requests; automatic redirecting of users; using pop-up windows or any other technique of generating automatic or fraudulent (as determined by Cusma Group, acting reasonably, based on industry practices) click-throughs and/or impressions; (g) use frames, or otherwise alter the user experience, when a user clicks through to another website from the Cusma Group job search results; (h) redistribute the job search results or any part thereof to any third party, (i) other than the provision of the job search results on Affiliate’s website to the end users of that website that generated it; store any job search content; (j) send any text messages on Cusma Group’s behalf, or (k) market or advertise Cusma Group’s jobs in violation of any local or applicable laws, including but not limited to email, spam or text messaging laws.

  1. Passwords, API Keys and Other Security Devices

If Cusma Group provides an Affiliate with a password, API key or other security device to obtain access to Program Elements or any non-public area of Cusma Group’s website or system, that Affiliate shall maintain the confidentiality of that password, API key or other security device, not share it or access to any such non-public areas with any third party, or use it for any unauthorized purpose.

  1. Job Search Content

Cusma Group reserves the right in its sole discretion to determine whether to exclude certain ads.

  1. Delivery of Program Elements

Affiliate agrees to comply with the specifications provided by Cusma Group from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

  1. Cooperation with Cusma Group and Authorities

Cusma Group will cooperate with law enforcement and other authorities in investigating claims of illegal activity or suspected illegal activity, including, but not limited to, fraudulently inflate the volume of impressions or clicks. Affiliate shall cooperate with Cusma Group in any corrective action that Cusma Group deems necessary to correct and prevent impermissible use of the Program Elements, including without limitation, providing Cusma Group with all information necessary to investigate the suspected violation.

  1. Modifications to this Policy

Cusma Group may modify this AAUP at any time, without liability, as it deems appropriate in its sole discretion. Your use of Program Elements, after notice that this AAUP has changed indicates acceptance of the updated AAUP.

Terms FAQ

For more information on Cusma Group’s Terms, please see our Cusma Group Terms FA

2. Limitations

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Elementum lectus a porta commodo suspendisse arcu, aliquam lectus faucibus. Nisl malesuada tortor, ligula aliquet felis vitae enim. Mi augue aliquet mauris non elementum tincidunt eget facilisi. Pellentesque massa ipsum tempus vel aliquam massa eu pulvinar eget.

3. Revisions and Errata

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Elementum lectus a porta commodo suspendisse arcu, aliquam lectus faucibus. Nisl malesuada tortor, ligula aliquet felis vitae enim. Mi augue aliquet mauris non elementum tincidunt eget facilisi. Pellentesque massa ipsum tempus vel aliquam massa eu pulvinar eget.

4. Site Terms of Use Modifications

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Elementum lectus a porta commodo suspendisse arcu, aliquam lectus faucibus. Nisl malesuada tortor, ligula aliquet felis vitae enim. Mi augue aliquet mauris non elementum tincidunt eget facilisi. Pellentesque massa ipsum tempus vel aliquam massa eu pulvinar eget.