Geebo Service Agreement

WHEREAS your company ("You" or "Your") desires to purchase, and Geebo, Inc. desires to provide to You, subject to the terms and conditions set forth herein, certain job posting services (the "Services") on the Geebo.com Website;

THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You and Geebo agree to the following terms and conditions which shall apply to Your use of the Services and to any content submitted by You hereunder (the "Materials").

General Requirements Concerning the Job Posting Advertisements ("Ads") Submitted by You:

  • You will pay for all Ads by credit card.
  • Only one job description is allowed per Ad.
  • Unused job postings expire on the date set forth on your Order Confirmation, and any fees paid for such postings will not be refunded. ONCE A JOB POSTING IS PURCHASED, ANY FEES PAID FOR SUCH JOB POSTING WILL NOT BE REFUNDED.
  • Job postings will remain on the Geebo Website for up to that number of days set forth on Your Order Confirmation.
  • You shall not resell job postings under any circumstances.

You acknowledge acceptance of the fee(s) set forth on the Geebo Website for the Services purchased hereunder.

You will use resumes submitted in response to Your Ads for Your recruiting purposes only, and You will not share them with any person not employed by You for any purpose. In preparing and submitting Materials and using the Services, You will abide by all applicable laws, rules and regulations, including privacy and equal opportunity laws, and You will not use the Services (including the Geebo Website) to commit a crime, libel, slander, obscenity, indecency, intellectual property infringement, to violate the rights of any third party or to plan, encourage or help others to do so.

If You breach any provision of this Agreement, Geebo may suspend or terminate Your Services or remove all or part of the Materials without refund. While Geebo assumes no, and hereby disclaims any and all, responsibility whatsoever for the content of Your Ads and the Materials, Geebo reserves the right to reject any Ad and/or Materials in its sole discretion.

You hereby grant Geebo and its designees a non-exclusive, worldwide, transferable, right and license to use, reproduce, distribute, perform and display the Materials (or any portions thereof) and to use Your name and logo in connection with such Materials.

Geebo will not be liable to You (nor to any person claiming rights derived from Your rights) for any failure to make available or to provide access to either the Materials or any Services due to technological failures or any cause outside the control of Geebo and/or its designees. Geebo hereby disclaims any liability with respect to, and You agree that You shall have absolutely no recourse against Geebo or its designees for, any alleged or actual infringement of Your proprietary and/or intellectual property rights by third parties or for loss or harm due to the unauthorized use of Your postings by third parties, including, without limitation, unauthorized reproduction or tampering by network "hackers" or data harvesters.

The contents of the Geebo Website (including, without limitation all job postings and all resumes), and all elements which are a part thereof, and all intellectual property and other proprietary rights therein, are and shall remain at all times the property of Geebo or its licensors, provided that any Materials placed on the Geebo Website by You hereunder shall remain Your property.

You agree to indemnify and hold harmless Geebo, its successors, officers, directors, employees, designees and agents from and against any and all claims, actions, demands, costs, liabilities and expenses (including reasonable legal and accounting fees) arising or resulting from the Materials, Your use of the Services or Your violation (or alleged violation) of Your obligations hereunder.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER YOUR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. IN ANY EVENT, EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS, EACH PARTY'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO GEEBO HEREUNDER.

THE GEEBO WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND GEEBO MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR OTHERWISE WITH RESPECT TO ITS SERVICES OR THE GEEBO WEBSITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.

Notwithstanding anything to the contrary contained herein, Your use of the Geebo Website is expressly limited to recruiting employees for You and is subject to the Terms of Service.

This Agreement (a) shall be governed by the laws of the State of Delaware (other than the conflicts of laws provisions thereof) and You hereby consent to the jurisdiction of the Federal or state courts in the state of Delaware, and waive any jurisdictional, venue or inconvenient forum objections thereto, (b) except as set forth below, may be amended only by a writing signed by both parties (except for amendments to the Terms, as provided therein) and (c) constitutes the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties with respect to the subject matter hereof. The parties' rights and obligations will bind and inure to the benefit of their respective successors and permitted assigns. You will ensure that all of Your employees and representatives using, or otherwise having access to, the Services do so only in accordance with the terms and conditions of this Agreement. These terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent.

BY CHECKING THE BOX TO AGREE TO THIS GEEBO SERVICE AGREEMENT AND CLICKING ON THE "SUBMIT" BUTTON, YOU ACKNOWLEDGE READING AND ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU REPRESENT, WARRANT AND AGREE THAT (1) YOU HAVE THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY AND (2) YOU ARE NOT IN VIOLATION OF GEEBO’S POLICIES AND STANDARDS SET FORTH HEREIN AND IN THE TERMS. YOU ACKNOWLEDGE AND AGREE THAT GEEBO MAY MODIFY THE PROVISIONS OF THE FORM OF THIS AGREEMENT AT ANY TIME, WHICH MODIFICATIONS WILL BE APPLICABLE TO ANY OF YOUR FUTURE PURCHASES OF SERVICES.