Terms & Conditions

Last Updated: January 2025

Terms and Conditions

Welcome to Jobnests. These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Jobnests ("Company," "we," "us," or "our") governing your access to and use of the Jobnests website and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. Acceptance of Terms

By accessing, browsing, or using the Jobnests website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Jobnests is a job listing platform that provides:

• Curated job listings from various employers and companies
• Job search and filtering capabilities
• Access to job application processes through our partner platform, Mercor
• Career resources and job-related information

We act as an intermediary between job seekers and employers. Job applications are processed through Mercor's platform, and we are not directly involved in the hiring process or employment decisions.

3. Eligibility and Account Registration

To use certain features of our Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding agreements
• Provide accurate, current, and complete information when registering or using the Service
• Maintain and promptly update your information to keep it accurate, current, and complete
• Maintain the security of any passwords, account credentials, or access codes
• Be responsible for all activities that occur under your account

You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree not to maintain more than one account at any given time.

4. User Conduct and Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable local, state, national, or international law or regulation
• Transmit or upload any material that contains viruses, Trojan horses, worms, or any other harmful or malicious code
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use the Service to transmit spam, chain letters, or unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or store personal data about other users without their consent
• Use automated systems, scripts, or bots to access or scrape the Service without our express written permission
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Service
• Submit false, inaccurate, or misleading information in job applications or profiles

5. Job Listings and Applications

5.1 Job Listings

Jobnests provides job listings from various employers. We strive to ensure the accuracy and legitimacy of job postings, but:

• We do not guarantee the accuracy, completeness, or timeliness of job listings
• Job listings are provided by third-party employers and may be removed or modified at any time
• We are not responsible for the content of job listings or the hiring practices of employers
• We reserve the right to remove any job listing at our discretion

5.2 Job Applications

When you apply for a job through our Service:

• Your application is processed through Mercor's platform, subject to Mercor's terms and conditions
• We are not involved in the hiring decision or employment relationship
• We do not guarantee that you will receive a response from employers
• You are responsible for the accuracy and completeness of information in your application
• Employers are solely responsible for their hiring decisions and employment practices

5.3 Third-Party Services

Our Service includes links to third-party websites and services, including Mercor's platform. We are not responsible for the content, privacy practices, or terms of service of third-party sites. Your use of third-party services is subject to their respective terms and conditions.

6. Intellectual Property Rights

6.1 Our Content

The Service and its original content, features, and functionality are owned by Jobnests and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any content from the Service without our prior written consent
• Use our trademarks, service marks, or logos without our express written permission
• Remove any copyright, trademark, or other proprietary notices from the Service

6.2 User Content

By submitting content to the Service (including job applications, resumes, cover letters, or feedback), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of providing and improving our Service. You represent and warrant that you own or have the necessary rights to grant this license.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• No Employment Guarantee: We do not guarantee job placement, interviews, or employment opportunities
• Accuracy: We do not warrant the accuracy, completeness, or usefulness of any information on the Service
• Availability: We do not guarantee that the Service will be available, uninterrupted, secure, or error-free
• Third-Party Content: We are not responsible for third-party content, links, or services
• Hiring Decisions: We have no control over employer hiring decisions or employment practices

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Jobnests, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from your access to or use of or inability to access or use the Service
• Damages resulting from any conduct or content of third parties on the Service
• Damages resulting from unauthorized access, use, or alteration of your transmissions or content
• Damages resulting from employment decisions, hiring practices, or employment relationships

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.

9. Indemnification

You agree to defend, indemnify, and hold harmless Jobnests, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including but not limited to your User Content, any use of the Service's content other than as expressly authorized, or your use of any information obtained from the Service.

10. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

You may terminate your account at any time by contacting us or using account deletion features, if available.

11. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in New York County, New York, and you hereby consent to the personal jurisdiction and venue of such courts.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt to resolve the dispute informally. We will try to resolve the dispute through good faith negotiations within 60 days of your notice.

13.2 Binding Arbitration

If we cannot resolve the dispute informally, you agree that any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. The arbitration will be conducted in New York County, New York. You waive your right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Jobnests regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Jobnests.

16. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Jobnests to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any rights hereunder without your consent.

18. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Email: andres.venturase@gmail.com

Address: 350 5th Ave, New York, NY 10118, United States