A. 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.
- The BCSpro Services
BCSpro may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through BCSpro’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom BCSpro exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. BCSpro does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. BCSpro assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that BCSpro may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by BCSpro, and are not a direct reflection of the actual Job Listing.
BCSpro may offer you the opportunity to receive a text message interview reminder from BCSpro when the Employer has scheduled interviews with you. In such an event you will enter your phone number on the BCSpro consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept text messages at the number. BCSpro 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.
In addition, by using BCSpro, you agree that BCSpro is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments or their format or method of delivery and that BCSpro does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that BCSpro does not choose the questions asked by Employers or decide the job qualification criteria of Employers. If you require alternative methods of screening or application, you must approach the Employer directly to request such as BCSpro is not responsible for the Employer application process.
1(c) Regardless of whether you are an Employer or Job Seeker, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, BCSpro may, for example, use such materials for data analysis, quality control, or to refine the Site or any other BCSpro 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, BCSpro may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s Resume or application such as opening the Resume or application, viewing the Resume or application and making a decision with regards to the application, and you hereby consent to BCSpro taking such actions. BCSpro assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact BCSpro to do so.
1(d) Regardless of whether you are an Employer or Job Seeker, BCSpro may use application materials (including resumes and responses to screener questions) and the recency of your activity on BCSpro 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. Regardless of whether you are an Employer or Job Seeker, you agree and consent that BCSpro may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. BCSpro may also use such information in order to improve the Site or any other BCSpro product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
1(e) Regardless of whether you are an Employer or Job Seeker, BCSpro may provide certain categories of information to you for informational purposes only. For example, BCSpro may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer. These figures provided by BCSpro are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are an Employer participating in the BCSpro Ads Program, please note that this is not the information you are purchasing from BCSpro and you are not charged per apply. BCSpro 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 BCSpro. These figures are given to BCSpro users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
1(f) Regardless of whether you are an Employer or Job Seeker, BCSpro may provide certain types of career-related or hiring-related information on its Site. All information contained in any BCSpro career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that BCSpro 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, BCSpro is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides.
1(g) Regardless of whether you are an Employer or Job Seeker, BCSpro may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. BCSpro may match a Job Seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Seeker would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event BCSpro determines that a Job Seeker matches the Employer’s hiring criteria, BCSpro may connect such matching Job Seeker and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Seeker taken directly from the Job Seeker’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Seeker or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Seeker express interest in each other, you agree BCSpro may provide the Employer with an email address for the Job Seeker either provided by BCSpro or the Job Seeker and, if you are a Job Seeker, you consent to this. Regardless of whether you are an Employer or Job Seeker, by submitting the completed questionnaire, you agree and consent to BCSpro (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Job Seekers to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.
New: 1(h) If you are a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and BCSpro knows and stores the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed BCSpro, or 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 BCSpro, or any of your other behavior on the BCSpro site, when you use BCSpro. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an BCSpro account or an BCSpro-hosted resume, you agree that BCSpro may 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 BCSpro. You also agree that BCSpro may contact you based on this observed behavior for Employers or for BCSpro itself. Please note, although information may be sent to you by a third party through the BCSpro system, the aforementioned behavior does not include information relayed to you. However, BCSpro may publicly display the fact that you have recently used the BCSpro Site or the fact that you have recently used the BCSpro system to correspond with a third party. In addition, if you are located in the United States and you set your Resume to public, this means that BCSpro 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.
1(i) If you are a Job Seeker, please note that BCSpro may automatically send you recommended jobs via the email address you use to create an BCSpro account or apply to a job. BCSpro 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, 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 BCSpro.
1(k) Screening Tools: BCSpro may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and employee assessments. BCSpro is licensing these tools to you for your use as you determine. By using any screening product, made available to you by BCSpro, 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 BCSpro. 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 state act. BCSpro does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You the Employer agree to indemnify BCSpro for any and all claims arising out of an Employer’s use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a “disparate impact”.
1(l) Regardless of whether you are a Job Seeker or an Employer, any emails or email notifications corresponding with any actions you take on the Site through the BCSpro Apply process are provided solely as a courtesy. BCSpro 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. Further, if you are an Employer and you posted a Job Listing directly on BCSpro, applications are sent only to your BCSpro dashboard; any other notifications you may receive are provided solely as a courtesy to you.
1(m) BCSpro may offer beta test products which have different pricing models for posting your Job Listing, including but not limited to payment for candidates you deem to be qualified. These beta test products may be offered in limited quantities, in limited locations, and for limited job categories in order to gauge interest. The current offering is in two locations within the Austin area (Georgetown, TX and San Marcos, TX) for Senior Staff Nurse and Dental Nurse jobs. If you purchase the beta test product in which you receive a certain number of qualified candidates for a price, please note that any “money back” offer requires that you notify BCSpro within thirty days that the candidates you receive do not meet your qualifications. BCSpro reserves the right to offer “money back” either via a refund or simply not invoicing you for payment. BCSpro further reserves the right to change the terms or parameters of any beta test product at any time.
1(n) If you are a job seeker in India or Brazil, BCSpro may provide limited applicant screening and filtering services to Employers that request that BCSpro perform this processing on their behalf.
- 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 BCSpro 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, BCSpro may provide you with links to certain 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 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 BCSpro.
- Use of Site
You are not permitted to use BCSpro’s Site or its content other than for non-commercial purposes. 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. BCSpro 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 BCSpro services that utilize the Site, you must have a prior written agreement with BCSpro to do so, or have accepted BCSpro’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.
- User Content
Some parts of the Site, such as message boards and forums, may allow users to post 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 is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. 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. 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. BCSpro does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. 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 BCSpro 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, 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. BCSpro 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. BCSpro 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 BCSpro has no obligation to do so, BCSpro may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in BCSpro’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, or that BCSpro deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact BCSpro immediately so that we may have the opportunity to consider its removal. For clarity, BCSpro does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any BCSpro policy will always remain within the sole discretion of BCSpro.
BCSpro 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 BCSpro 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. As an Employer, when you post a Job Listing on BCSpro that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.
Without limiting the generality of the foregoing, BCSpro 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).
- License to User Content and Feedback
Only to the extent permitted by law, if you post content or submit material to BCSpro, including but not limited to photographs or material you submit for a job solicitation hosted on BCSpro, you grant BCSpro a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, 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 such content and materials for the purpose of publishing material on the BCSpro website or its publisher partners, maintaining the BCSpro website and promoting BCSpro without restriction. Furthermore, you grant to BCSpro, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such User Content or BCSpro marketing materials, or actions by BCSpro to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to BCSpro for association with a particular Job Listing, BCSpro shall not post such content anywhere other than the Employer(s)’s Job Listing.
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 BCSpro 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 BCSpro 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. There may be a charge for answering and executing such a request; please contact BCSpro for more details.
At your discretion, you may provide feedback and related materials to BCSpro 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 BCSpro 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 BCSpro may disclose any or all Feedback to any third party in any manner, and you agree that BCSpro 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 BCSpro 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, BCSpro does not waive any rights to use similar or related ideas previously known to BCSpro, or developed by its employees, or obtained from sources other than you.
Finally, if you are a member of BCSpro 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 BCSpro, working for BCSpro, or in any form of co-employment or contractor relationship with BCSpro. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and BCSpro, 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, BCSpro may remove you from BCSpro Academy in its sole discretion.
- Site Rules
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by BCSpro, unless you have been specifically allowed to do so in a separate, written agreement with BCSpro. 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 BCSpro, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that BCSpro 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 BCSpro may suffer) of any such breach.
You agree that you shall not transmit to BCSpro 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 certain 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 any BCSpro 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 BCSpro Resume contacts in violation of BCSpro policy, as determined by BCSpro, 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. BCSpro 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 BCSpro.
- Violate the legal rights (such as rights of privacy and publicity) of others.
- Promote or encourage illegal activity.
- Interfere with other BCSpro 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 BCSpro 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 BCSpro’s explicit written permission.
- Contact other BCSpro users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics BCSpro considers detrimental to its users.
- Create multiple BCSpro accounts without permission.
- Create multiple BCSpro 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 BCSpro Resume database
- Scrape or otherwise replicate any BCSpro content for competitive purposes
BCSpro reserves the right to use any User Content (including the content of messages or material sent through or to the Site or BCSpro) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. BCSpro 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 consent to BCSpro enforcing these rules or attempting to prevent spam or anomalous activity, which may result in a temporary or permanent suspension or termination of your account or use of certain functions of the Site, including but not limited to the email relay function, for some users, with or without notice, and BCSpro shall not be responsible or liable for any such suspension or termination, including any consequences thereof. BCSpro further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming BCSpro or its users, or otherwise conducting fraudulent activity on BCSpro by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to BCSpro. BCSpro reserves the right to turn over any information gathered via such investigations to the police or other third party if BCSpro has a good faith belief that you are using the Site in violation of these terms.
- Registration; Contact Information
Some areas of the Site, including areas that may permit you to set up an BCSpro 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. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your BCSpro account may receive access to information regarding your BCSpro account. If you are an Employer, your account is for business use and not for personal use. BCSpro is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an BCSpro account, you agree to receive mandatory email updates regarding anomalous activity to your BCSpro 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) may be given the option to give these other users certain levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to BCSpro 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 BCSpro 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 and access to your account. You agree that BCSpro 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.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
You agree that BCSpro may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your BCSpro 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 BCSpro or that BCSpro may otherwise obtain from third-party sources. By providing BCSpro with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give BCSpro a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for, and you may not revoke such consent without discontinuing use of BCSpro’s services.
- Disclaimer of Warranties
BCSpro 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 BCSpro search results (including Jobs Listings) or otherwise made available on the Site by BCSpro or third parties (including User Content), regardless of whether paid for or used for free. BCSpro disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by BCSpro for informational purposes only, including but not limited to, BCSpro Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying BCSpro for the aforementioned information. BCSpro disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material (including User Content). BCSpro 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 BCSpro 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 BCSpro 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 BCSpro’s Site.
BCSpro 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, account login, or any other Services provided by BCSpro as a result of technical problems or traffic congestion on the Internet or any third party website 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 BCSpro 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 AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. BCSPRO 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, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BCSPRO 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, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. BCSPRO 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 BCSPRO.
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.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BCSPRO 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 BCSPRO 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 BCSPRO 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 BCSPRO TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall BCSpro or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 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 BCSpro 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 BCSpro 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 BCSpro 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 BCSpro Copyright Notice, 8401 Lake Worth Road, #127, Lake Worth, FL 33449 United States (copyright @ BCSpro.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.
- Governing Law and Dispute Resolution
If you are a Job Seeker: this Agreement and any dispute arising out of or in connection with this Agreement (“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 Florida, 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 Palm Beach County, Florida, 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 Palm Beach County, Florida, U.S.A, if you are located in the United States of America.
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.
If you are neither a Job Seeker or Employer as defined in this Agreement and are not using the Site as intended by BCSpro, 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 Broward County, Florida U.S.A.
- Class Action Waiver
By using the Site and in return for the services offered by BCSpro, you acknowledge that BCSpro 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 (either an Employer or Job Seeker) agree not to sue BCSpro 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 BCSpro regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. 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.
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. Please note that Company does not endorse any of the products or services listed on such sites.
- Information or Complaints
If you have a question or complaint regarding the Site, please use our BCSpro Help Center.
This Agreement (including the BCSpro Ads Program Terms, BCSpro Resume Program Terms, BCSpro Portal Terms and BCSpro Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the BCSpro Ads Program Terms, BCSpro Resume Program Terms, BCSpro Portal Terms and BCSpro Targeted Ads Terms (if applicable to you), the BCSpro Ads Program Terms, BCSpro Resume Program Terms, BCSpro Portal Terms and BCSpro Targeted Ads Terms will govern with respect to the BCSpro Ads Program, BCSpro Resume Program, BCSpro Portal and BCSpro Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by BCSpro. This Agreement, together with any amendments and any additional agreements you may enter into with BCSpro in connection with the Site, shall constitute the entire agreement between you and BCSpro 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 BCSpro employee shall not constitute an amendment or alteration of this Agreement.
By accessing or using the Site, you signif