FirstChoice Hiring

Terms of Use

Last revised on February 23, 2024

Introduction

Please read these Terms of Use carefully before using the Job Board ("Site"), ("Service"). This is a binding legal contract between you and ProExel Media, Inc. (“ProExel Media”), ("FirstChoice Hiring"), ("FirstChoice"), ("we"), or ("us"). By using any job board service (“Job Board”) found on firstchoicehiring.com or its affiliate websites (each a “Site”), you agree to these Job Board Terms of Use (“Terms”). We reserve the right to modify these Terms at any time.

Services Provides

FirstChoice provides a service to connect Job Seekers and Job Posters. Job Seekers and Job Posters can register, create profiles, create job posts, and search for jobs and resumes. To use the Job Board, you must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside. If you are using the Job Board to submit an advertisement for an open job position (a “Job Post”), you are a “Job Poster” and should pay special attention to the Terms Specific to Job Posters. If you are using the Job Board to search, view, and apply for jobs, you are a “Job Seeker” and should pay special attention to the Terms Specific to Job Seekers. The General Terms are applicable to both Job Posters and Job Seekers.

Terms Specific to Job Posters

  1. Authority. If you are submitting a Job Post on behalf of a business, organization, agency, institution, or other entity (“Employer”), then you are agreeing to these Terms on the Employer’s behalf and represent and warrant that you are an authorized representative of the Employer with the authority to bind the Employer under this contract. Throughout these Terms, the word “you” refers to both you personally and the Employer.
  2. Contents of Job Posts. You are solely responsible and liable for the contents of your Job Post. You may only submit Job Posts that represent real and current job openings. Your Job Post must comply with all applicable local, state and federal laws, rules and regulations, including but not limited to laws relating to anti-discrimination, labor and employment, equal employment opportunity and employment eligibility requirements. You warrant that your Job Post, and any other information that you provide to ProExel Media in connection with your Job Post, is legal, complete, legitimate, truthful, accurate, non-infringing and not misleading. ProExel Media disclaims all liability for the contents of your Job Posts.
  3. Publishing a Job Post. Once submitted, Job Posts are typically published within five (5) business days or fewer. You will receive a confirmation email (with a receipt, if applicable) once your Job Post is published. ProExel Media reserves the right to reject any Job Post in its sole discretion and to provide a refund of fees as your sole remedy for such rejection. ProExel Media reserves the right to make non-material edits to your Job Post, such as fixing typos or misspellings, without prior notice to or consent from you. ProExel Media’s acceptance and publishing of a Job Post does not represent any guarantee or warranty that the Job Post is non-infringing, in compliance with applicable laws, rules or regulations, or otherwise compliant with these Terms.
  4. Job Post Benefits. Job Posts will be posted on the Job Board for a minimum of thirty (30) days (the “Listing Period”). At our sole discretion, qualifying Job Posts may be published on a ProExel Media affiliate or related third-party site during the listing period.
  5. Billing Policies. By submitting a Job Post and providing your credit card or debit card information, you authorize us to charge your debit card or credit card (“Payment Method”) for the applicable fees, along with any applicable taxes, and you agree to accept an electronic record of a receipt. If acting on behalf of an Employer, you represent that you are authorized to use the Payment Method on the Employer’s behalf. By providing any Payment Method, you agree that certain credit card, debit card, and billing information may be shared with ProExel Media’s payment processor and other necessary service providers. The Site cannot and does not take responsibility for the success or security of transactions processed by third parties. ProExel Media may also share this information with law enforcement authorities in response to subpoenas, court orders, and search warrants. If ProExel Media cannot charge your Payment Method for any reason, ProExel Media reserves all rights permissible under law to recover payment. You will be responsible for all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to amounts due and unpaid will be made by electronic mail or by phone. Such communication may be made by ProExel Media or by anyone on its behalf, including but not limited to a third-party collection agent.
  6. No Refunds. Job Post fees, when applicable, are non-cancellable and non-refundable. If you wish to remove a Job Post before the end of the Listing Period, you may contact jobs@firstchoicehiring.com to request its removal. You will not receive a refund even if you remove a Job Post before the end of its Listing Period.
  7. Rights and Licenses. By submitting a Job Post, you expressly grant to ProExel Media a royalty-free, perpetual, transferable, sublicensable (through multiple layers of sublicensees), non-exclusive, worldwide license to use, reproduce, adapt, translate, sublicense, and publicly display your Job Post on the Job Board and in any applicable ProExel Media affiliate or related third-party site. This license extends to all contents of the Job Post, including any logo, trademark, trade name, service mark, or service name (“Marks”) included in, or provided for use in connection with, your Job Post. In addition, by submitting a Job Post, you consent to the inclusion of your company’s name and/or Marks in a list of current and previous users of the Job Board service, which may be posted on ProExel Media’s digital properties or used in other marketing materials. You can revoke this consent at any time by sending an email notice to legal@firstchoicehiring.com, and we will use commercially reasonable efforts to remove your name and/or Marks from our publicly posted customer lists as soon as practicable following receipt of such notice. You represent and warrant that you have the rights, power, and authority necessary to grant the rights described above and that our use of your Job Post and Marks will not violate any law or infringe the rights of any third party, including but not limited to rights of privacy, publicity or intellectual property.
  8. Adjacent Advertising. You understand that advertisements may be displayed adjacent to your Job Post and that you are not entitled to any compensation or revenue share in association with such advertisements. ProExel Media makes no guarantees regarding the subject matter, nature, or quality of the advertisements displayed on the Site adjacent to Job Posts.
  9. Violations and Removals. You acknowledge and agree that ProExel Media may, with no liability or penalty, remove any Job Posts which it determines, in its sole discretion: (a) violates these Terms; (b) is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or in violation of any applicable law, rule or regulation; or (c) may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party. Additionally, ProExel Media may refuse to accept and publish future Job Posts if any of your previous Job Posts were removed for any of the foregoing reasons. You understand and accept that you will not receive any credit or refund for Job Posts removed or cancelled pursuant to this provision.
  10. Job Poster Disclaimers. ProExel Media does not make any guarantees regarding the number of views, clicks, shares, or other Job Seeker interactions that your Job Post may receive. ProExel Media does not guarantee that your Job Post will generate any specific number of applicants or candidates or that the applicants or candidates it generates will be suitable for the position posted. You understand and agree that ProExel Media does not, and cannot, confirm the identity or qualifications of the Job Seekers that may access or respond to your Job Posts. You are solely responsible and liable for your interactions with Job Seekers you may encounter by virtue of your Job Posts, and you assume all risks for such interactions.

Terms Specific to Job Seekers

  1. Job Seeker Disclaimer. ProExel Media does not have control over the quality, accuracy, completeness, veracity, or legality of Job Posts. You understand and agree that ProExel Media has no responsibility and assumes no liability for any Job Post posted on the Job Board or for the actions of any Job Poster. If you are concerned about the legitimacy, legality, or safety of any Job Post you find on the Job Board, you should send an email to jobs@firstchoicehiring.com. Please note that ProExel Media is not required to take down any Job Post even if notified of a potential concern and that any failure or refusal to remove such Job Post will not create any duty of care or any liability on the part of ProExel Media.
  2. Assumption of Risk and Responsibility. You are solely responsible for your interactions with the Job Posters whom you may encounter by using the Job Board. Please note that there are risks that may arise when dealing with strangers online and in person, including but not limited to the risk of identity theft or physical harm. You should, therefore, use caution regarding the information you elect to share as part of your job search. Remember, if the job or the job offer sounds too good to be true, you need to be extra vigilant and conduct your own checks before responding to any communication or taking action.

General Terms

  1. United States Service. The Site is controlled and operated by ProExel Media from within the United States of America, providing services that are specifically tailored to customers or users in the United States and intended only for Job Posters and Job Seekers located in the United States of America. ProExel Media makes no representations that the Job Board or the materials available via the Job Board, are appropriate or available for use in locations outside of the United States or will comply with international laws, rules and regulations.
  2. Acceptable Use. The Site may not be used for any of the following purposes: (i) to contact users regarding any issue apart from the purpose of job search or recruitment, (ii) to contact users to offer any services from a third party, (iii) to post any illegal, inflammatory, or abusive content.
  3. Personal Data. Job Seeker personal data will be available to users visiting the Site. Personal data includes a name, which is mandatory, an email address, which is mandatory, and a telephone number, which is optional. We may use the personal data provided by the user to notify the user of any news or promotional offers relating to the Service. The user can unsubscribe from these notifications at any time.
  4. Disputes between Job Posters and Job Seekers. If you have any disputes with or claims against any Job Seeker or Job Poster, you agree to pursue any remedies directly with such party, and you forever release ProExel Media, its partners, subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind and under any legal theory arising in connection with such disputes.
  5. Indemnification. You agree to defend, indemnify and hold harmless ProExel Media, Inc. and its affiliates, subsidiaries, licensors and partners, and their respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities and costs (including but not limited to all legal fees and expenses) arising in connection with your use of and access to the Job Board, including but not limited to claims alleging: (i) your violation of these Terms or any of the representations and warranties herein; (ii) your violation of the Site Terms of Use; (iii) your violation of any third party intellectual property rights; (iv) your violation of any applicable law, rule or regulation, including, without limitation, applicable employment and anti-discrimination laws; and (v) your interactions with Job Posters or Job Seekers.
  6. Universal Disclaimers. THE JOB BOARD IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT:(I) ANY CONTENT PROVIDED ON OR THROUGH THE JOB BOARD SITE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE JOB BOARD SITE WILL MEET YOUR REQUIREMENTS; (III) THE JOB BOARD SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE JOB BOARD SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE JOB BOARD SITE, WHETHER BY THIRD-PARTY ADVERTISERS OR JOB POSTERS OR FOR ANY HYPERLINKED WEBSITE ACCESSIBLE VIA THE JOB BOARD SITE. WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY INTERACTION BETWEEN YOU AND ANOTHER JOB SEEKER OR JOB POSTER OR ANY THIRD-PARTY ADVERTISER ON THE JOB BOARD SITE. ALL OF THE DISCLAIMERS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  7. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROEXEL MEDIA, INC. OR ANY OF ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, BOARD MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE JOB BOARD SERVICE, UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), FOR: (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOSSES, OR FOR LOST PROFITS, LOSS OF GOODWILL, LOST OPPORTUNITIES, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, IN EACH CASE WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) AGGREGATE DAMAGES IN EXCESS OF: (A) FOR JOB POSTERS, THE AMOUNTS ACTUALLY PAID TO ProExel Media INC. IN FEES FOR THE JOB POST GIVING RISE TO THE CLAIM; OR (B) FOR JOB SEEKERS, $50 USD.
  8. Changes. These Terms are subject to revision. If we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided (if any) or by posting notice of the changes on our Site. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to the Agreement will be effective immediately for new users of the Job Board services and ten (10) calendar days following our provision of notice for existing Job Posters and Job Seekers. Continued use of our Services following notice of such changes will indicate your acknowledgment of and agreement to be bound by such changes.
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