Terms & Conditions
Imperium Jobs App Terms of Service
1. Conditions for Job Seekers “Candidates”
As a Job Seeker using our Services, you have the ability to (i) search for employment opportunities, (ii) submit applications for positions ("Job Applications"), (iii) opt to receive notifications about jobs via email or SMS ("Job Alerts"), and (iv) upload your resume/”Virtual Resume”/”Video Resume” and relevant details into a Profile database ("Peofile Database"). Within this document, the terms "resume", “Virtual Resume”, “Video Resume” and "CV" will refer to any documents or information summarizing your professional background, including but not limited to a curriculum vitae, professional profile, references, recommendations, and similar materials.
Should you possess an account with Imperium, submit your resume/CV/Virtual Resume/Video Resume/Images , or register for Job Alerts, you consent to us (A) utilizing your submitted information to send you relevant job postings; (B) sharing or displaying your resume/CV/Virtual Resume/Video Resume/Images and related profile information (unless marked as private) to potential employers or recruiters who might be interested in your candidacy; (C) sharing or displaying your Video/Virtual Resume and related picture information to potential employers or recruiters who might be interested in your candidacy.
You authorize us to distribute your resume/CV/Virtual Resume/Video Resume/Images and any additional information you provide during the application process to potential employers, recruiters, or staffing firms, including instances where you have either added your resume/CV/Virtual Resume/Video Resume/Images to the Profile Database or applied for a job via an “Imperium Jobs App” and site. This authorization includes granting us a continuous, irreversible, non-exclusive, royalty-free, global license (with the right to sublicense) to use and share your resume/CV/Virtual Resume/Video Resume/Images and any additional information as necessary to provide you the services requested.
A. General Guidelines for Job Applications
By applying to a job listing on our Services, you permit us to store your details on our Services and to disclose your information (including your resume/CV/Virtual Resume/Video Resume/Images ), to the entity that has advertised the position.
You may choose your method of submitting Job Applications using the options available through our Services. If you opt to apply via a third-party account, such as Facebook or LinkedIn.com, you will need to log into that account, and the profile and resume details you have saved on those platforms will be shared with the advertiser of the job.
Upon creation of you “Imperium Jobs App” profile, your resume and other pertinent information will be forwarded to the advertiser of the job as long as it meets any criteria they have set, where applicable. It is your responsibility to ensure the accuracy and completeness of the information you submit, and you should only include details you are comfortable with sharing.
If you request Imperium Jobs App to forward a message to any employer or third party, or if you apply for a job through the Services, you acknowledge that Imperium does not ensure that the recipient will receive, review, or respond to your message or application, nor that data transmission will be flawless. Any screening questions set by the employer are solely under the employer’s control, and should you need different screening questions or a modified application process, you must contact the respective employer directly.
B. Applying to Job Advertisements on an Imperium Website
Upon applying to a job advertisement on an Imperium website or via the app, if your resume meets all criteria set by the employer, it will be forwarded from your account (assuming your account was set up as outlined in Section 1.C).
If you have logged out manually, or have been logged out due to inactivity or another cause, you will need to provide your email to verify your identity before we can forward your resume. After you validate your identity via the verification email and follow the instructions provided, your resume will be sent.
IMPORTANT: It's crucial to keep your resume current, accurate, and updated within your account before applying to a job posting or opting into the Profile Database. This ensures employers receive the most relevant information about you. To manage your resume, including deletions, edits, or updates, go to the “Profile” tab in your User account.
Please note, while Imperium asks employers to handle job applications and resumes confidentially, we cannot ensure that your information will always be securely maintained by the recipient.
C. Account Creation
You can manually create an Imperium account, Import profile information from “Linkedin” or one may be automatically created for you if:
You sign up for job alerts; You apply to a job advertisement using the green button on the bottom right hand of your screen or by swiping right on the job posting you are viewing. An account automatically created for you will trigger an email with your username (typically your email address) and a link to reset your password. Regardless of whether you reset your password, this account will exist under your email and will be associated with the resume linked to your actions, such as applying for a job or signing up for alerts. Ensure your resume is current before any application.
If you choose not to maintain an Imperium account, please contact [email protected] or navigate to your account settings to close your account.
D. Job Alerts
You may manually opt to receive job alerts via email or SMS. Furthermore, if you apply to job advertisements on Imperium and/or create an account, you may consent to receive job alerts based on the type of role you're interested in. You can sign up for alerts in various ways, including by entering your phone number in the Mobile Alerts section of your User Account. You can alter or cancel the type of job alerts you receive by accessing the Job Alerts tab in your User account. To opt out of job alerts, click the unsubscribe link in any job alert email or follow the instructions in an SMS alert. For assistance, contact [email protected].
E. Profile Database
Imperium allows job seekers to include their resume/CV/Virtual Resume/Video Resume/Images and other profile information in the Profile Database.
By opting to make your resume/CV/Virtual Resume/Video Resume/Images 'public' within your Account settings or at the time of account creation:
It is added to the Profile Database and made accessible for search, view, or download by authorized users. Your resume/CV/Virtual Resume/Video Resume/Images and profile information will be visible in search results within the Profile Database and to Clients inviting applications or rating candidates. The profile creation or the creation of your resume/CV/Virtual Resume/Video Resume/Images implies your consent for Imperium to match your profile with job advertisements or employer searches, and to inform you about potential job opportunities.
F. Interactions with Other Users; Scams; Confidentiality
You are solely responsible for your interactions with other users whom you contact or who contact you. Be aware of the risks, including potential physical harm, when interacting with strangers or those who might misrepresent themselves. You should therefore be cautious about the personal information you share as part of your User Profile. Only provide contact information you are comfortable with disclosing to Clients and other users once a you have matched with an employer or recruiter.
In addition to reviewing this section and Section 2, conduct your own diligence on potential employers and job advertisements of interest. As noted in Section 2, Imperium does not authenticate Users or ensure the authenticity or legitimacy of Job Advertisements.
G. Circumventing
Do not respond to an employer or recruiter attempting to contact you on a separate platform other than the “Imperium Mobile App” regarding your profile on the imperium mobile app prior to a match being made. Circumventing the match process on the “Imperium Mobile App” is strictly prohibited.
2. USE OF THE SERVICES
By using the Services, you acknowledge that we do not control the quality, accuracy, completeness, veracity, or legality of content provided by third parties. Additionally, you acknowledge that we do not control the integrity, responsibility, or actions of Job Seekers or Clients.
A. Eligibility
You must be at least sixteen (18) years old or the legal employment age in your jurisdiction to use the Services, enabling you to form a binding contract with Imperium. If you are under eighteen (18) or the age of majority but are permitted to work in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to this Agreement on your behalf. You may not use the Services if your access to the Services has previously been terminated or suspended by Imperium Jobs App unless we have given you specific written authorization to re-use the Services.
By using the Services, you expressly acknowledge, agree, and request that this document and all related documents be expressed in the English language.
B. Contact with You by Telephone or SMS
When using specific Services, we may ask for your consent to contact you by telephone, including by SMS. By granting such consent, you authorize Imperium to contact you by telephone at the number(s) you have provided and acknowledge that Imperium may do so using an automatic telephone dialing system or an artificial or prerecorded voice (to the extent permitted by the laws of the jurisdiction where you reside).
You may revoke consent to be contacted by telephone by emailing [email protected] and including the wording "Revocation of Telephone Consent" in the subject line. To stop receiving SMS messages from Imperium, you may reply “STOP” to any SMS message you receive. Consent to being contacted by telephone is not required as a condition of using the Services or purchasing any other property, goods, or services from Imperium.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, training our employees, and our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
C. Contact with You by Email
By providing Imperium your email address, you consent to our using the email address to send you Service-related and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers (to the extent permitted by the laws of the jurisdiction where you reside). If you have consented to receive email job alerts or marketing communications from us, we will send you such communications until you opt out. If you do not want to receive job alert emails and/or marketing communications from us, you may opt-out or change your preferences on your Account page or by following the opt-out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing [email protected]. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Please note that while you can opt out of marketing messages and email job alerts, you cannot opt out of service-related communications, including those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes unless you deactivate your account and stop using our Services.
D. User Accounts
The information in this section applies to all User accounts. If you sign up and/or create an account with Imperium (in accordance with Section 7C or Section 8 below), you may control your profile information and how you interact with the Services by changing the settings on your Settings page. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. You are expected to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your account.
You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you, and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be totally responsible for all activities that occur under your account. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.
By connecting to the Services using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For example, if you access the Services through a social networking site, you agree that Imperium can access, store, and make available on the Services any information and data that you provide in your applicable social networking site account such that the same information is available in your Imperium account. You agree that we are not liable for any personal data that is made available to us in violation of your privacy settings with the applicable social networking site.
Imperium may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to you, for any reason, including if in our sole discretion we determine that you have violated the terms of this Agreement (including in accordance with Section 1E and/or 6F below). Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.
E. General Rules for Use of Services
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Imperium Jobs App servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Imperium grants the operators of public search engines revocable permission to use spiders to copy materials from Imperium.com for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) framing or linking to any information or content on the Services; (xvi) posting or submitting any inaccurate, incomplete, or false biographical information or another person’s information; or (xvii) posting or submitting any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by Imperium.
We may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for the Services (for paid products and services). If any such change, cessation, or limitation of the Services materially and adversely affects you, then you may terminate the Services on written notice to us. In the event of such termination, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for but not provided for the balance of the applicable term of your then-current subscription plan. We may permanently or temporarily limit, condition, terminate, or suspend your access to the Services or any features thereof, including if in our sole determination (acting reasonably) you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services.
You are solely responsible for your interactions with other Imperium Job App Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Imperium shall have no liability for your interactions with other Users, or for any User's action or inaction. Imperium shall have no obligation to you to enforce this Agreement against any other User.
If you use on any Website a calculator that estimates unemployment insurance benefits, you agree to the following: (a) the calculator gives an estimate only and is not intended as legal advice, (b) the calculator does not guarantee that you will be eligible for benefits or a specific amount of benefits, (c) you must file an Unemployment Insurance claim with your state to find out if you are eligible and learn your actual benefit amount, and (d) we are not liable for any loss or damages caused by using this calculator.
3. USER CONTENT AND USERS
A. Posting or Viewing User Content
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Advertisements, screening requirements, screening questions, screening criteria, company information, a job seeker’s application information, content of messages, resumes/CVs, Images, Videos, logos, trademarks, comments, questions, and other content or information ("User Content").
User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing, or publishing it.
B. Prohibited Types of User Content
The following list is intended to be illustrative of the types of User Content that are prohibited, but this is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false, misleading, or otherwise deceptive; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, "Intellectual Property Rights" means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client providing or submitting Job Advertisements, you further agree that such content will not contain any personally identifiable information.
C. No Warranties or Obligations
You agree that Imperium makes no representations, warranties, promises, or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Job Advertisements, and resumes. You further agree that Imperium acts as a passive conduit for the distribution, provision, and publication of User Content and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that Imperium is not responsible and has no liability for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality, or reliability of User Content, including, without limitation, resumes/CVs, Job Advertisements, and content of messages. Your reliance on any User Content is at your own risk.
Notwithstanding the foregoing, although Imperium has no obligation to screen User Content, to the extent that Imperium becomes or is made aware of User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with Imperium, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for Imperium or otherwise negatively impact Imperium, Imperium reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.
D. User Content and the U.S. Communications Decency Act
Please note Section 230 of the U.S. Communications Decency Act ("CDA") (and the equivalent or similar laws in your jurisdiction) is intended to exclude or limit the liability of online service providers such as Imperium when such online service providers provide or make available access to third-party user-generated content (see § 230 (c)(1) which states: 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).
The decision by Imperium Jobs App to remove or not post or distribute any User Content does not by itself amount to participation in the creation of such User Content and, accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: "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…"
E. User Interactions and Assumption of Risk
You understand and agree that Imperium does not, and cannot, confirm that each User is who they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User, you agree to pursue any remedies directly with the applicable User and you release Imperium, its subsidiaries, and their respective employees, directors, and agents from all claims, demands, and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
F. Content Disclosure
Imperium reserves the right to disclose User Content and any information related to the provider of such User Content to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of Imperium where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who claims that any User Content you posted, provided, or uploaded is fraudulent, false, misleading, or violates the law, their intellectual property or ownership rights, or their right to privacy.
4. USER CONTENT LICENSE GRANT
By posting, submitting, providing, and/or otherwise making available any User Content, you expressly grant, and represent that you have the right to grant, to Imperium Jobs App, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and create derivative works from and otherwise exploit all such User Content in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the Imperium websites, distributing such User Content through the Imperium distribution and publishing network, and in job alerts to job seekers, and to promote Imperium and the Services. This license continues even if you stop using the Services.
If you are a Client, you acknowledge and agree that Imperium has no obligation, and may be unable, to remove your Job Advertisements and other content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the Imperium distribution and publisher network, (ii) listed in search engine results, (iii) distributed on websites and in job alert emails or job alert texts, or (iv) incorporated into fixed media displays of Imperium or any third party. For these uses, the license grant from you above will be perpetual and irrevocable. To the extent your User Content is a trademark, trade name, service mark, or service name protected by law, the foregoing license also extends to the use by Imperium to identify you as a User of the Services in any promotional and marketing materials to promote Imperium and the Services. Further, to the extent you have given Imperium the right to access certain User Content that is present on another website or service you own or control, you give Imperium the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above, notwithstanding any prohibition on scraping set forth in the terms of use or other contractual terms governing such website.
You represent and warrant that you have the rights, power, and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available, or post via the Services, that the use by Imperium of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful, and accurate.
5. MOBILE SOFTWARE
To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. Imperium does not warrant that the Mobile Software will be compatible with your mobile device. Imperium hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Imperium account on mobile devices owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Imperium may from time to time issue upgraded versions of the Mobile Software and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Imperium or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Imperium reserves all rights not expressly granted under this Agreement.
If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all applicable laws related to the use of the Mobile Software and the Services.
6. OUR PROPRIETARY RIGHTS
This Agreement provides only a limited license to access and use the Services in accordance with the terms of this Agreement. Accordingly, you hereby agree that Imperium transfers no ownership or intellectual property interest or title in and to the Services or any materials used in connection with the Services, including, without limitation, software (including source code), programs, products, information, documentation, images, text, graphics, user interfaces, visual interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the "Imperium Content"). All such Imperium Content, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services (except for Feedback), are exclusively owned, controlled, and/or licensed by Imperium or its members, parent(s), licensors, or affiliates. Imperium, the Imperium logo, and all other marks are proprietary trademarks of Imperium, and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of Imperium, is strictly prohibited. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on the Services. Use of the Imperium Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide Imperium with suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, "Feedback"), such Feedback will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, and non-exclusive right and license for Imperium to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Feedback without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. To the extent permitted by applicable law, you waive any moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights in your Feedback. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.
7. FREE TRIALS AND PAID SERVICES FOR CLIENTS
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND IMPERIUM, THE FOLLOWING TERMS WILL APPLY TO CLIENTS USING PAID SERVICES.
A. Billing Policies
Certain aspects of the Services may incur a fee. If you choose to use a paid feature, you agree to the pricing and payment terms for the applicable Services, which we may update periodically. Recurring charges are billed in advance. Imperium may (1) introduce new services and products for additional fees and charges at its discretion, or (2) amend fees and charges for existing services at its discretion upon notice. Cancellation requests should be made per Section 7(E)(iv) below.
We may also offer products or services through third-party partners, and your use of such third-party services is subject to the terms presented by them. You agree that Imperium is not responsible for these third-party services and that your use of these services is at your own risk. Changes to fees for paid services will take effect in the billing cycle following notice.
If you dispute any part of an invoice, you must pay the undisputed portion and submit a written notice of the dispute within thirty (30) days from the invoice date. If the dispute is resolved against you, you will pay the disputed amounts plus interest as referenced in Section 7(C).
B. No Refunds for Paid Services
You may cancel your subscription to paid services anytime, per Section 7.E below, and you will not receive a refund of pre-paid fees unless stated otherwise in this Agreement. If Imperium suspends, limits, conditions, or terminates your access due to your material breach of this Agreement or any other agreement with Imperium, you will not receive a refund for any unused time, and you will remain liable for the entire fees due.
C. Payment Information; Taxes; Delinquent Payments
You authorize Imperium to provide any Authorized User associated with your account, or others specified in writing, access to view and manage bank, payment, tax, or other information relating to your business relationship with Imperium.
All information provided in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred using your payment method. You will also pay any applicable taxes. If Imperium is required to pay any taxes not previously collected from you, you will promptly submit such taxes to Imperium upon notice.
If you add additional paid services or upgrade your subscription, we will invoice you or charge your payment method accordingly.
Delinquent payments may incur interest at the rate of one-and-one-half percent per month (eighteen percent per annum) or the highest rate permitted by law, from the payment due date until paid in full. You will be responsible for all reasonable expenses incurred by Imperium in collecting delinquent amounts. If you are late in payment, we reserve the right to suspend or terminate your access to the Services and/or bill your payment method on file.
D. Credit and Debit Cards
If you pay using a credit or debit card, you authorize Imperium to charge your card for the applicable fees for your subscription term or other paid services, including any applicable taxes. You represent that you are authorized to use the payment method on your company’s behalf and agree to accept an electronic record of a receipt. If your payment method is declined, Imperium may suspend or terminate your access to the Services, and you will remain liable for the full payment. By providing any payment method, you agree that billing information may be shared with third parties for checking credit, effecting payment, collecting payments, and late fees, and enforcing our agreement with you. We may also share this information with law enforcement authorities.
E. Free Trials and Subscription Services (for Clients without a paper contract)
EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND IMPERIUM, OR BETWEEN YOU AND ONE OF OUR THIRD-PARTY PARTNERS, YOUR SUBSCRIPTION TO PAID SERVICES WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT PER THESE TERMS.
(i) Free Trial. If you are offered a free trial, you may be required to select a subscription plan and provide valid payment information. Your card will not be charged until the Free Trial ends. If you don’t cancel before the Free Trial ends, we will automatically charge your card for the Initial Plan Term. Charges will continue unless you notify Imperium of your desire not to renew before the end of the Initial Plan Term.
(ii) Free Trial Cancellation. You can cancel during the Free Trial by calling us at 1-877-252-1062 (US) or emailing [email protected]. If you cancel online, follow the website instructions. You must cancel the Free Trial timely to avoid charges. Once canceled, you will lose access to trial features.
(iii) Subscription Plans and Renewals. Subscription Plans will automatically renew for the selected period unless you notify Imperium of changes or cancellation before the end of the Initial Plan Term or any Renewal Plan Term. Cancellation requests should follow the instructions on the Imperium website or Section 7(E)(iv) below. At renewal, applicable fees will be charged to your payment method or invoiced.
(iv) Subscription Plan Cancellation. For paid Subscription Plans, cancel at any time effective at the end of the Initial or Renewal Plan Term by calling 1-877-252-1062 (US) or emailing [email protected]. Ensure you cancel before the next billing date to avoid charges. Your account will be canceled on the next billing date, and you will lose access to content and features under your plan. No refunds are provided for prepaid fees, and cancellations are effective at the end of the term.
F. Suspension or Termination
(i) Suspension or Termination for Cause. Imperium may suspend or terminate your access and this Agreement for: (I) breach of this Agreement that is not cured within the specified period, (II) non-payment, (III) bankruptcy or insolvency, (IV) violations of this Agreement, (V) inappropriate behavior or conduct, (VI) excessive or abusive communications, (VII) unauthorized data disclosure or sale, or (VIII) charging job seekers for hiring process steps. Suspended or terminated access results in forfeiture of prepaid fees and responsibility for fees due.
(ii) Suspension or Termination for Convenience. Imperium can terminate your access and this Agreement for convenience via email notification. You will receive a pro-rata refund of pre-paid fees for Services not provided due to termination.
(iii) Your Termination Rights. You may terminate this Agreement if Imperium materially breaches it and does not cure the breach within ten (10) days after notice, emailed to [email protected] Pre-paid fees are non-refundable, except in the case of an uncured material breach by Imperium, in which case you will receive a pro-rata refund for Services not provided.
8. Additional Terms for Job Advertisement Providers
As a Client, you can use our Services to (i) search for potential employees or candidates, (ii) view resumes, profiles, or CVs, and (iii) post and distribute Job Advertisements on your behalf or for a third party.
Content Rules
When submitting, providing, posting, or distributing Job Advertisements, you must ensure that (i) the content complies with advertising standards and applicable laws, including employment and privacy laws, in relevant jurisdictions; (ii) you have the rights to allow Imperium to publish and use the advertisements per this Agreement; (iii) the use, reproduction, distribution, or transmission of the advertisements will not violate any laws or third-party rights, including copyright, trademark, false advertising, or defamation; (iv) the content adheres to this Agreement and the Job Posting Rules (referenced below); and (v) you authorize Imperium to collect and distribute Job Advertisements from relevant websites without violating third-party rights. You are responsible for any liability arising from the publication of these advertisements or linked material. You agree to indemnify Imperium and its subsidiaries, officers, directors, employees, and agents from any claims, costs, damages, losses, liabilities, and expenses (including legal fees) arising from your advertisements or any content you provide.
You agree not to post Job Advertisements that: (i) contain false or misleading information; (ii) include "hidden" keywords or irrelevant keywords; (iii) promote products or services; (iv) endorse political parties, agendas, or religions; (v) advertise jobs in countries under U.S. or Canadian sanctions, unless allowed by law; (vi) require applicants to provide sensitive personal information such as racial or ethnic origin, political or religious beliefs, union membership, health details, sexual life, criminal record, or age; (vii) exploit people or solicit personal information from minors; (viii) include screening criteria not related to job requirements; (ix) involve franchise, pyramid schemes, or multi-level marketing; (x) require payment for application, training, materials, or samples; (xi) contain unlawful content; (xii) offer commission-only pay without clear disclosure; (xiii) require citizenship or permanent residence unless legally necessary; (xiv) link to competitors of Imperium; or (xv) do not follow the Job Posting Rules (available at https://www.ziprecruiter.com/job-rules(English), https://www.ziprecruiter.global/de/job-rules (German), https://www.ziprecruiter.global/fr/job-rules(French)).
Job Advertisements must comply with all relevant local, national, and international laws and regulations, particularly those related to labor, employment, and anti-discrimination.
Reporting Content Rule Violations
If you believe any content on our Websites violates these Content Rules, contact us [email protected] "Violation of Content Rules" in the subject line. For content that allegedly infringes your copyright, see Section 10 below.
Publication and Distribution of Job Advertisements
By submitting Job Advertisements to Imperium Job App, you acknowledge that Imperium is not obligated to accept, publish, or distribute your advertisements. Some advertisements and Clients may be reviewed or verified to prevent fraud, improve services, or for other reasons at Imperium’s discretion. Imperium may disclose the number of Job Advertisements you have posted publicly.
Imperium Job App will attempt to distribute Job Advertisements to third-party services, publishers, job boards, and other entities in our network, or via job alert emails and texts (where Job Seekers have opted-in). However, Imperium has sole discretion over which Distribution Channels your advertisements are placed in. We do not control these Distribution Channels and cannot guarantee your advertisements' delivery, acceptance, or reception by Job Seekers. Distribution Channels are not obligated to use or display your Job Advertisements and may reject them for any reason, even if you have paid for a "Premium Post." Imperium is not liable if your advertisements are rejected or not posted, and no refunds will be provided for non-posted advertisements. By submitting a Job Advertisement, you permit Imperium to distribute it across our network and websites.
We do not guarantee responses, the number of responses, views, clicks, or applications to your advertisements, nor do we guarantee the suitability of any candidates. You are responsible for interviewing, conducting background and reference checks, verifying candidate information, and selecting appropriate candidates. Some Distribution Channels may require you to agree to additional service policies for your advertisements to be distributed, and you agree to comply with these policies.
Authorized Users
You are accountable for all activities, actions, or omissions of any individual or entity accessing the Services under your account. Limit access to the number of users allowed under your Subscription Plan ("Authorized User"). You agree to: (i) not share login credentials or account details with third parties; (ii) not sell or sublicense access to your account or the Services; (iii) not charge or receive payment for access to any portion of the Services; (iv) ensure Authorized Users comply with this Agreement and any other applicable terms; (v) promptly notify Imperium of any suspected violations, unauthorized use, or security breaches; and (vi) cooperate with Imperium in investigating any suspected violations and enforcing this Agreement.
Imperium may suspend, limit, or terminate an Authorized User's access if it reasonably determines that the user has violated or is likely to violate this Agreement.
Removal of Advertisements; Enforcement; Termination
Imperium Jobs App may remove any job advertisement or content that, in its sole judgment, violates this Agreement, applicable laws, rules, regulations, third-party terms, or is otherwise harmful, false, misleading, fraudulent, offensive, or illegal.
We reserve the right to:
Remove or refuse to post any User Content at our discretion. Take necessary actions against any User Content that violates the Terms of Use, infringes rights, threatens safety, or could create liability. Disclose your identity to third parties claiming that your posted material violates their rights. Take legal action for any illegal or unauthorized use of the Website or Services. Terminate or suspend your access for any reason, including violations of these Terms of Use. Fully cooperate with law enforcement or court orders requesting disclosure of the identity or information of anyone posting materials on the Website. You waive and hold harmless Imperium and its subsidiaries, directors, officers, and employees from any claims resulting from actions taken during investigations by Imperium or law enforcement.
Profile Database
If your plan includes access to the Profile Database, Imperium grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access it for (1) searching the database and (2) viewing or downloading resumes/CVs for legitimate employment purposes. You shall not use the Profile Database for any other purpose.
You must not use automated programs to download resumes or extract data, nor resell or sublicense access to the Profile Database. Marketing or selling products/services to data subjects in the Profile Database is prohibited.
Imperium may limit access to information to prevent overload or abuse. Misuse or non-compliance may result in suspended or terminated access. Ensure Authorized Users comply with this Agreement. Imperium may remove a Job Seeker’s resume/CV/Virtual Resume/Video Resume/Images if they opt out of the Profile Database.
Imperium does not verify the type of phone number in resumes/CVs. You must ensure compliance with communication laws.
You represent that: (i) you will comply with communication, privacy, and data protection laws; (ii) you will not disclose Data from the Profile Database unless authorized; (iii) you will protect Data from unauthorized access or disclosure; (iv) Authorized Users will not share login credentials; (v) you will not use contact information for unsolicited communications; (vi) you will respect Job Seekers' privacy choices.
Imperium makes no warranties regarding content from third parties, including resumes/CVs. You are responsible for due diligence on job seekers. We do not guarantee responses or suitability of candidates. You must ensure respondents meet your qualifications.
F. Job Seekers
Imperium may notify Job Seekers when you take action regarding their resume/CV/Virtual Resume/Video Resume/Images or Job Application. You agree to treat individuals responding to your Job Advertisement fairly and professionally. You also agree to indemnify Imperium against any claims brought by individuals due to your breach of this Agreement or any other agreement with Imperium.
G. Data Protection
You agree to implement suitable measures to:
(a) Prevent unauthorized or unlawful processing of Personal Data.
(b) Protect Personal Data against accidental loss, destruction, or damage.
(c) Ensure the reliability of personnel with access to Personal Data.
(d) Ensure a level of security suitable for the potential harm from a breach and the nature of the Personal Data, considering technological advancements and implementation costs.
You agree to comply with applicable data protection and privacy laws, particularly those relevant to your operations and the residency of data subjects. You further agree to indemnify and hold Imperium harmless against any costs, claims, damages, or expenses incurred due to your or your personnel's failure to comply with this section and applicable data protection laws.
Personal Data means any information that could identify a natural person directly (e.g., name, email address, phone number) or indirectly (e.g., pseudonymized data like a unique ID number). This includes email/home addresses, usernames, profile pictures, personal preferences, financial information, health information, and unique numerical identifiers like IP addresses.
H. Partner Platforms
If you use Imperium Services through a third-party platform (e.g., Imperium’s resellers, applicant tracking system partners, job board partners, or other strategic partners), you agree to only post Job Advertisements for hiring employees for your own organization. Imperium reserves the right to reject or disable your use of the Services through a Partner Platform if you post Job Advertisements or use the Services for hiring employees for another organization, regardless of your entity type (e.g., job board, staffing agency, recruiter, recruitment advertising agency).
9. Privacy and Security
For information on how we collect, process, share, and store your Personal Data, please refer to our Privacy Policy.
Despite our efforts, the transmission of information over the Internet is not entirely secure. Therefore, we cannot guarantee that unauthorized third parties will never overcome our security measures or misuse your personal data. You acknowledge that you provide your personal data at your own risk. Any use or attempted use of the Services by you in violation of this Agreement may result in criminal and/or civil prosecution, including penalties under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Imperium reserves the right, at its sole discretion, to review, monitor, and/or record any information related to your use of the Services without prior notice or permission from you, including archiving content and/or communications submitted to and/or sent by you through the Services.
10. INFRINGING CONTENT
A. DMCA Notice Procedure (Copyrights)
Imperium follows the Digital Millennium Copyright Act of 1998 ("DMCA") to address claims of copyright infringement. If you reside outside the United States, similar applicable laws in your jurisdiction will apply.
If you believe your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify the Imperium copyright agent as outlined below. Your DMCA complaint must include the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner. Identification of the copyrighted work claimed to be infringed. Identification of the material that is claimed to be infringing and a link (where available) to its location on the Services. Information reasonably sufficient to permit Imperium to contact you, such as your address, telephone number, and email address. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner. Failure to include all of the above information, especially specific URLs where content may be found, will result in a delay in processing your DMCA notification and may require you to repeat some or all of the process. Imperium will not take responsive action to remove content until all necessary information is provided.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Agent Imperium, Inc. 353 N 88th Street Cahokia Heights, IL 62236 Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Copyright Counter-Notices
If content you posted on the site was removed due to a claim(s) of copyright infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
To file a counter-notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):
Identify the specific URLs of material that Imperium has removed or to which Imperium has disabled access. Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your account. Provide a statement that you consent to the jurisdiction of the courts of the state of California, and that you will accept service of process from the person who provided notification to Imperium in accordance with the process outlined above or an agent of such person. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled.” Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address: Attn: 353 N 88th Street Cahokia Heights, IL 62236 Email: [email protected]
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of your identifying information set forth in the counter-notification. By submitting a counter-notification, you therefore consent to having such identifying information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification
If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if you are not sure whether content you posted on the site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend you first contact a lawyer knowledgeable in the laws of the United States and the state of California. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
General
In accordance with the DMCA and other applicable law, Imperium has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. Imperium may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. Other Infringing Content (Trademarks)
If you believe in good faith that any content on the Services is illegal or infringes your or a third party's intellectual property right or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at: [email protected]. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.
11. THIRD-PARTY LINKS AND SERVICES
Imperium's services may include links to websites, advertisements, products, services, or events provided by third parties ("Third-Parties"). Imperium does not endorse or take responsibility for any Third-Party websites, information, materials, products, or services. When you access a Third-Party website or use a Third-Party service through our services, you do so at your own risk. Please be aware that Imperium's Agreement and Privacy Policy do not apply to these Third-Party sites or services. By using these Third-Party sites or services, you release Imperium from any liability arising from such use. Any interactions with advertisers, including payments and delivery of goods or services, are solely between you and the advertiser. Imperium is not responsible for any loss or damage resulting from your dealings with advertisers.
12. Indemnity Agreement
To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless Imperium, its subsidiaries, and their directors, officers, board members, employees, agents, successors, and assigns from any and all claims, damages, losses, liabilities, costs, or debts, and expenses (including legal fees) arising from: (i) your use of and access to the Services, including any data or content you transmit or receive; (ii) your breach of any term of this Agreement or any other agreement with Imperium, including any representations and warranties; (iii) your infringement of third-party rights, including privacy or Intellectual Property Rights; (iv) your violation of any laws, rules, or regulations, including the U.S. Fair Credit Reporting Act and relevant data protection, email marketing, or telemarketing laws (including emails, phone calls, or texts sent to other Users); (v) claims or damages resulting from your User Content; (vi) any other party's use of the Services with your account or login information; and (vii) your intentional misconduct or negligence. By agreeing to this clause, you accept responsibility for these issues and any associated legal fees and costs.
13. NO WARRANTY
A. Warranty Disclaimer
THIS AGREEMENT DOES NOT EXCLUDE ANY CONDITION, WARRANTY, OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
EXCEPT AS EXPLICITLY STATED IN THIS AGREEMENT AND TO THE FULLEST EXTENT ALLOWED BY LAW, IMPERIUM DOES NOT GUARANTEE ANY RESULTS FROM USING ITS SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, FROM IMPERIUM, ITS EMPLOYEES, OR AGENTS, OR THROUGH THE SERVICES, CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SPECIFICALLY, WE DO NOT WARRANT THAT (I) ANY CONTENT PROVIDED THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE, OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER LOSS RESULTING FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, IMPERIUM'S LIABILITY FOR BREACH OF SUCH WARRANTY OR GUARANTEE IS LIMITED (AT IMPERIUM'S OPTION) TO: (A) FOR GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, SUPPLY OF EQUIVALENT GOODS, OR PAYMENT OF THE COST OF REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
B. Universal Disclaimer
IMPERIUM JOBS APP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE OR SERVICE. IMPERIUM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IMPERIUM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL COMPLY WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
14. Limitation of Liability
(A) To the fullest extent allowed by applicable law, except as explicitly stated in this agreement, Imperium, its subsidiaries, and their respective board members, directors, officers, employees, agents, successors, and assigns, shall not be held liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, or any other loss or damage that does not arise naturally and usually from a breach, act, or omission related to this agreement. This includes, but is not limited to, loss of profits, goodwill, use, or data resulting from the use or inability to use the services. Imperium is not responsible for any damage, loss, or injury resulting from hacking, tampering, or unauthorized access or use of the services or your account.
(B) To the maximum extent permitted by law, Imperium assumes no liability for: (I) errors, mistakes, or inaccuracies of content; (II) personal injury or property damage resulting from your access to or use of the services; (III) unauthorized access to or use of our systems or servers and/or any personal information stored therein; (IV) interruption or cessation of transmission to or from the services; (V) bugs, viruses, Trojan horses, or the like that may be transmitted to or through the services by any third party; (VI) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; (VII) user content; or (VIII) the defamatory, offensive, or illegal conduct of any user or third party.
(C) In no event shall Imperium, its subsidiaries, and their respective officers, directors, employees, agents, successors, and assigns be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs exceeding the amount you paid to Imperium in the three months immediately preceding the event that gave rise to the claim or USD $10, whichever is less.
(D) This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, breach of statutory duty, or any other basis, even if Imperium has been advised of the possibility of such damage.
15. Arbitration Agreement
This Agreement includes a provision for Arbitration, which typically requires you to resolve disputes with Imperium through binding and final arbitration, provided that the laws of your jurisdiction allow such provisions. You can only bring claims against Imperium on an individual basis, not as part of a class or representative action, and can seek relief (monetary, injunctive, declaratory) only on an individual basis.
If you are in a jurisdiction where this Section 15 is enforceable, the following arbitration terms apply:
A. Binding Arbitration
This Section 15, referred to as the "Arbitration Agreement," mandates that any disputes between you and Imperium or its affiliates related to the Services or this Agreement must be resolved through final and binding arbitration, unless you opt-out as detailed below. This means that a neutral arbitrator will decide your rights, not a judge or jury. Without this Agreement, you would have the right to sue in court and have a jury trial.
To start arbitration, you must first send a written notice of the dispute to Imperium’s Legal Department at 604 Arizona Ave., Santa Monica, CA 90401, via certified mail, Federal Express (signature required), or email if no physical address is on file. The notice must describe the nature and basis of the claim and the relief sought. Both parties agree to try to resolve the claim directly, but if no agreement is reached within 30 days, arbitration can commence. During arbitration, settlement offers cannot be disclosed to the arbitrator until a final decision is made.
For users in the United States and jurisdictions not specified herein, arbitration will follow the Commercial Arbitration Rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer-Related Disputes, available at www.adr.org, or another mutually agreed-upon arbitration body. Your arbitration fees and share of arbitrator compensation will be governed by these rules. Hearings will be held in Los Angeles, California, unless the claim is for $10,000 or less, in which case you can choose a document-based, telephonic, or in-person hearing in your county of billing address. The arbitrator must follow applicable law, and their award can be challenged if they fail to do so. You and Imperium may go to court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award. Arbitration proceedings and outcomes will be confidential.
For users in Canada, disputes will be referred to the ADR Institute of Canada (ADRIC) and follow its Arbitration Rules (available at adric.ca), or another mutually agreed-upon arbitration body. Arbitration can be conducted in person, by documents, phone, or online. The arbitrator must follow applicable law, and their award can be challenged if they fail to do so. You and Imperium may go to court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award. Arbitration proceedings and outcomes will be confidential.
B. Opt-Out Procedure
You can opt-out of this Arbitration Agreement by sending an opt-out notice within 30 days of your first use of the Services or first time agreeing to this Agreement. Send an email to [email protected] or a written notice to Imperium at 353 N 88th Street Cahokia Heights, Illinois 62203. The notice must include your name, address, email address, a statement of your intention to opt out, and your signature. Opting out does not affect other parts of this Agreement, including those related to governing law, venue, and jurisdiction.
C. Class Action Waiver
You agree that any arbitration or court proceeding will be on an individual basis and not as a class action or other representative action. The arbitrator may not consolidate more than one person's claims and cannot preside over any form of representative or class proceeding. You also waive the right to participate in class actions, including class arbitrations and consolidated arbitrations, and the right to a jury trial.
If this Class Action Waiver is found to be unenforceable, the entirety of this Arbitration Agreement shall be null and void, and the dispute will be brought in a court with jurisdiction.
D. Severability
If any part of this Arbitration Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect. However, if the Class Action Waiver is found to be unenforceable, the entire Arbitration Agreement will be null and void. This Arbitration Agreement survives the termination of this Agreement and your use of the Services.
16. TERMINATION AND SURVIVAL
Unless terminated by Imperium, this Agreement will remain in full force and effect while you use the Services. Imperium reserves the right to suspend, limit, or terminate your access to the Services or any part of them at any time, for any reason or no reason, without prior notice or liability. You may terminate your use of the Services at any time. Upon termination of your account, your right to use the Services will immediately cease. The provisions of this Agreement that should survive termination will do so, including without limitation, ownership provisions, warranty disclaimers, indemnity, arbitration, limitation of liability, governing law, and venue.
17. GENERAL TERMS
A. Changes to the Agreement and Services
Imperium reserves the right to modify, change, or discontinue this Agreement or the Services, including any of its features, at any time without prior notice. If we change this Agreement, we will post the modified terms on our Website and update the "Last Updated" date at the top of this Agreement. By continuing to use the Services after the changes become effective, you agree to be bound by the revised Agreement. If you do not agree to the changes, you must stop using the Services.
B. Governing Law
If you are using the Services from within the United States, this Agreement and any disputes related to it or the Services are governed by California law, excluding its conflict-of-law rules. For users outside the United States, this Agreement and any disputes related to it or the Services are governed by the laws of the country in which you reside. Any claim or dispute must be resolved in the courts of your jurisdiction or through arbitration as outlined in Section 15 above.
C. Entire Agreement
This Agreement constitutes the entire agreement between you and Imperium regarding the use of the Services and supersedes all prior agreements, communications, and proposals (whether oral, written, or electronic) concerning the Services. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
D. Notices
Any notices or other communications required or permitted under this Agreement shall be in writing and delivered to Imperium at the address set forth in this Agreement or to you at the address associated with your account. Notices sent by email shall be deemed received upon sending, and notices sent by certified mail or courier shall be deemed received upon delivery confirmation.
E. Force Majeure
Imperium Jobs App shall not be liable for any failure or delay in performing its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, riots, fires, floods, pandemics, earthquakes, strikes, labor disputes, government actions, telecommunications or Internet failures, or similar events.
F. Relationship of the Parties
Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Imperium. You do not have any authority to bind Imperium in any respect whatsoever.
G. No Waiver
Imperium Jobs App’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Imperium.
H. Assignment
You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of Imperium. Imperium may assign or transfer any or all of its rights or obligations under this Agreement at its discretion.
I. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
J. Headings
The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
K. Contact Information
If you have any questions or comments regarding this Agreement or the Services, please contact us at:
Imperium Jobs App 353 N 88th Street Cahokia Heights, IL 62236 Email: [email protected]
By using the Services, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions. If you do not agree to these terms and conditions, you should not use the Services.