A. Terms of Service for Job Seekers
For purposes of this Section A of the Indeed 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. As a Job Seeker, you are permitted to use Indeed’s Site and its content solely for non-commercial purposes.
Job Ads or Job Listings
Indeed 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 our search results or otherwise through the Site. Searching for Job Ads on Job Portal is free for Job Seekers. Bright Side Foundation displays Job Ads based on a combination of compensation donated by employers to Brights Side Foundation and relevance, such as search terms, and other information provided and activities conducted on Job Portal. While Bright Side Foundation may in some circumstances be compensated by employers who post Job Ads, helping keep job search free for Job Seekers, all Job Ads are considered advertising.
Job Ads are created and provided by third parties over whom Bright Side Foundation exercises no control; you acknowledge and understand that Bright Side Foundation 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 Bright Side Foundation endeavors not to make such Job Ads available on the Site. If you leave the Job Portal Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. 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. Bright Side Foundation 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 Bright Side Foundation 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. Bright Side Foundation assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, or other information submitted by any Employer or other user.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, Bright Side Foundation may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker 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 Bright Side Foundation has no control over such an Employer or its website. You agree to Bright Side Foundation’s use of, and receipt of information from, any such tracker functionality.
Bright Side Foundation may provide independent functionality to assist you. For example, Bright Side Foundation may provide search options to help you 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 Bright Side Foundation, and may not directly or accurately reflect the content of the Job Ads. Bright Side Foundation may reformat Job Listings so that you may read them more clearly on a mobile phone. Bright Side Foundation may also promote Job Ads by select Employers on certain pages or websites dedicated to a specific topic, such as inclusive hiring, military-friendly job posts, or the gig economy (such as Bright Side Foundation Gigs). The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer. Bright Side Foundation does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Ads, and no inferences can be drawn with respect to Job Ads or Employers that are not displayed on dedicated pages. Indeed may also provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. Bright Side Foundation cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.
Resume and Profile
By creating a searchable resume through the Site (“Job Portal Resume”) or uploading a file resume on the Site (collectively, “Your Resume” or “Job Seeker Resume”), you are requesting and authorizing Indeed to make available Your Resume to anyone accessing our Site, such as Employers that Indeed believes may have an interest in Your Resume, users of Indeed’s Resume Search Program, or anyone with access to the URL associated with your searchable resume. We offer you the option to make Your Resume searchable on Indeed to help you find a job. You are responsible for keeping Your Resume accurate and up-to-date.
By creating an Job Portal Resume or uploading a file resume on Job Portal, Bright Side Foundation may share with you Job Ads that match the contents of Your Resume. Bright Side Foundation 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 Job Portal highlights items or a Job Ad is shared with you, Bright Side Foundation assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By uploading a file resume on the Site, you agree that Bright Side Foundation 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 Indeed to do so. It may take a few days for updates to your account or Your Resume to be reflected. Indeed assumes no responsibility and disclaims all liability for Your Resume or other application information you post, send or receive through the Site.
If you have an Job Portal account, an Job Portal Resume, or an uploaded file resume, you agree that Bright Side Foundation may associate Your Resume data with your profile on Job Portal (“Job Portal Profile”). Your Job Portal Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your Job Portal Resume, your scores on any Job Portal 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 Job Portal Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers. If you do not want Indeed to make your Profile available to third parties or if you do not want Employers to contact you, set your Resume and uploaded file resume to Not Searchable or remove Your Resume.
To mitigate fraud, Bright Side Foundation may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your Profile, Your Resume, or application, and may substitute it with an alias. Bright Side Foundation 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 Indeed’s sole discretion. Bright Side Foundation may also mask some or all of the Employer’s contact information, or an Employer may choose to mask their contact information when they contact you. In either case, you agree to an Employer contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you. Bright Side Foundation reserves the right to limit your ability to set Your Resume to Searchable, and may toggle a public resume to Not Searchable, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in Bright Side Foundation’s discretion. Bright Side Foundation makes no guarantee that Your Resume will be shown to any particular Employer or that any portion of the Indeed Resume database will be available to an Employer at any particular time.
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 Delaware, United States of America, if you are located in the United States. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in New Castle County, Delaware, U.S.A., if you are located in the United States. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in New Castle County, Delaware, U.S.A., if you are located in the United States of America. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
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.
Class Action Waiver
By using the Site or any Program Elements (defined below) and in return for the services offered by Bright Side Foundation, you acknowledge that Indeed 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 Bright Side Foundation 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 Indeed regarding your use of the Site. Additionally, as a Job Seeker, you acknowledge that your use of job search, Job Portal 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 12 above.
B. 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. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Employers, you agree that the Terms of Service for Employers will govern.
For purposes of this Section B of the Indeed 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 or other user as described above.
When you access or use the Site in your capacity as an employee or other representative of an Employer, or if you create an Job Portal account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide Indeed through the account, such as the actions you take and when you take them, will be visible to the Employer.
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 the State of Delaware, if you are located in the United States. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in New Castle County, Delaware, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in New Castle County, Delaware, U.S.A.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Bright Side Foundation. You further agree to submit to the personal jurisdiction of the appropriate Delaware state or federal courts for such discovery proceedings.
You also hereby waive any right to a jury trial in connection with any dispute, 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.
Class Action Waiver
By using the Site and in return for the services offered by Bright Side Foundation, you acknowledge that Bright Side Foundation 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 Indeed 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 Bright Side Foundation 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.