Job Terms
Release date of Terms: November 3, 2024
Terms of Service for Job Seekers
For the purposes of this Terms of Service, all references to ‘user” or “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use LoveThrive™’s Site and its content solely for non-commercial purposes. You further agree that our Terms and Conditions govern all users and also apply. We outline the Terms of Service for “Job Seekers” as noted below.
Eligibility and Access Restrictions:
LoveThrive™ Jobs is exclusively available to citizens and legal residents of the United States of America (USA). Any access to or use of our Site from outside the USA voids the services provided by LoveThrive™. We are not liable for any use of our services accessed from outside the USA. By using our Site, you represent and warrant that you are a citizen or legal resident of the USA.
1. Free or Paid Services
For users of both free and paid services, please refer to our Terms and Conditions for comprehensive governance of this agreement. Due to the nature of user-generated content (UGC), there may be instances where content appears on the Site before it is reviewed and potentially removed, or accounts may be suspended. While we strive to maintain a safe and respectful environment, we cannot guarantee the immediate removal of all inappropriate or unauthorized content. Interactions with third parties should be managed by those parties and in accordance with applicable local, federal, or international laws. To report malicious activity or questionable content, please use the provided “Report” or “Moderation” links where applicable.
1.1 Paid and Subscription Services (Job Seekers)
- Finality of Sales: All sales of LoveThrive™ paid services and subscription services are final, even if the user changes their mind after the purchase. Users may not receive any refunds for purchases once the transaction is completed.
- Discretionary Credits: LoveThrive™ reserves the exclusive right, in its sole discretion, to evaluate requests for credits related to both paid services and subscription services. Such credits may be issued at an amount equal to or less than the original service value and will be assessed on a case-by-case basis. All decisions regarding the issuance of credits shall be considered final and are not subject to appeal.
- Cancellation and Renewal: Users are responsible for managing their subscriptions, including any cancellations. Subscription services must be canceled at least 30 days before the renewal date to avoid automatic renewal and associated charges. LoveThrive™ is not liable for any missed cancellations or charges incurred due to the user’s failure to cancel their subscription in accordance with this requirement. LoveThrive™ will include clear instructions on how to cancel subscriptions when purchases are made.
- Compliance with Terms: Users who made service purchases, whether for paid or subscription services, must comply with all applicable Terms of Service to be eligible for any potential credits. LoveThrive™ reserves the right to deny credit requests if users fail to adhere to the Terms of Service or if the user’s subscription or purchase does not comply with standard operational procedures.
- Notification and Consent: By engaging with LoveThrive™’s paid and subscription services, users provide their explicit consent to these terms, including renewal terms and the cancellation process. LoveThrive™ will notify users of any changes to these terms before charging their payment method.
- Non-Transferability: Both paid and subscription services, along with any associated credits or benefits, are non-transferable and may only be accessed by the user who initially purchased the service.
2. Job Ads or Job Listings
LoveThrive™ may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through the Site’s search results or otherwise through the Site. Searching for Job Ads on the Site is free for Job Seekers. The Site displays Job Ads based on a combination of compensation paid by Employers to LoveThrive™ and relevance, such as search terms, and other information provided and activities conducted on the Site. While LoveThrive™ may in some circumstances be compensated by Employers who post Job Ads, helping keep LoveThrive™ job search free for Job Seekers, all Job Ads are considered advertising.
Job Ads are created and provided by third parties over whom LoveThrive™ exercises no control; you acknowledge and understand that LoveThrive™ has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although LoveThrive™ endeavors not to make such Job Ads available on the Site. If you leave the LoveThrive™ Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third party. Except for sponsored, featured, or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. LoveThrive™ has no obligation to screen any Job Ads or to include any Job Ads in its search results or other listings and may exclude or remove any Job Ads from the Site or your search results without any obligation to provide reasoning for removal or exclusion. You understand and agree that LoveThrive™ has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. LoveThrive™ assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads or other information submitted by any Employer or other user.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, LoveThrive™ may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies, pixels, and web beacons. The information collected includes, for example, information about Job Listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice and obtain any prior consent that may be required by applicable law. However, you acknowledge and agree that LoveThrive™ has no control over such an Employer or its website. You agree to LoveThrive™’s use of, and receipt of information from, any such tracker functionality.LoveThrive™ may provide independent functionality to assist you. For example, LoveThrive™ may provide search options to help you narrow down Job Ads search results by job type categories (i.e., full-time, part-time, etc.), and such categories are created independently and entirely by LoveThrive™, and may not directly or accurately reflect the content of the Job Ads.
LoveThrive™ may reformat Job Listings so that you may read them more clearly on a mobile phone. LoveThrive™ may also promote Job Ads by select Employers on certain pages or websites dedicated to specific topics, such as inclusive hiring or military-friendly job posts. The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example, gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer.
LoveThrive™ does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or websites do not contain an exhaustive list of Job Ads, and no inferences can be drawn with respect to Job Ads or Employers that are not displayed on dedicated pages. LoveThrive™ may also provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. LoveThrive™ cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.
3. Resume and Profile
By creating or adding information to a profile through the Site or uploading a file resume on the Site (collectively, “Your Profile” or “Job Seeker Profile” or “LoveThrive™ Profile”), you are requesting and authorizing LoveThrive™ to make available Your LoveThrive™ Profile to anyone accessing our Site, such as Employers that LoveThrive™ believes may have an interest in Your Profile, users of LoveThrive™’s Resume Search Program, or anyone with access to the URL associated with your public Profile. We offer you the option to make Your Profile public on the Site to help you find a job. You are responsible for keeping Your Profile accurate and up-to-date.
When you create or add information to Your Profile on the Site, Your Profile is set to public on the Site (“Public”) by default. If you do not want LoveThrive™ to make Your Profile available to third parties or if you do not want Employers to contact you, set your LoveThrive™ Profile and uploaded file resume to private or “cannot be found” through the Site (“Private”). This can be done by going to your “Profile” page and changing the settings to “private” or “Employers can’t find you on LoveThrive™.” Profiles that are private on the Site are only made available to those to whom the Job Seeker has submitted an application or provided their resume. Applying to jobs or otherwise sharing Your Profile with Employers may result in Your Profile being copied and published even if it is set to Private.
While you may change Your Profile privacy settings at any time, setting Your Profile to Private will not affect your previous applications or prevent Employers you responded to from contacting you. Profiles set to Public, including yours, can be copied by search engines and other third parties accessing the Site, who can then make those Profiles publicly available elsewhere. LoveThrive™ does not control such third parties. If Your Profile is copied in this manner, then setting it to Private on the Site will not affect those third parties or the copies they have made of Your Profile. Changes to Your Profile on the Site may or may not be reflected on copies made by third parties. If you do not want Your Profile to ever be publicly visible or copyable, you must keep it set to Private. LoveThrive™ may set any Public Profile to Non-Public or otherwise make it unavailable if it contains content prohibited by this Agreement or for any other reason in LoveThrive™’s sole discretion. LoveThrive™ assumes no responsibility and disclaims all liability for Your Profile, your information, or application information that you share with Employers or otherwise make public. You can read more about our Privacy Policy on LoveThrive™.
In the United States, LoveThrive™ may make publicly available information aggregated from various sources searchable by third parties (like Employers) through our LoveThrive™ Resume Search offering. We make that information available on a limited basis and for a limited time to help connect you to potential Employers about their Job Listings or job opportunities, and such information is not used for application purposes. You may remove your publicly available information from our LoveThrive™ Resume Search offering and unsubscribe from receiving potential job opportunities from Employers by following the unsubscribe link in our messages.
By creating or adding information or a resume to Your Profile, you are requesting and authorizing LoveThrive™, or a LoveThrive™ vendor, to review or scan Your Profile and resume(s) and provide you feedback (at LoveThrive™’s discretion), including suggested changes, other jobs you may consider applying to because your qualifications may match their requirements, and suggestions for additional information you may want to include with your application to a particular job. We may also provide you with feedback through additional resume review services, such as helping you understand how your resume or profile may be parsed by applicant tracking system software, feedback on ways to build a more effective resume or profile, or a personalized resume review video. We provide this feedback directly to you and may give you the ability to access it within your account. It is not made available to Employers. You agree that your use of any feedback or other information provided through resume review services is at your sole discretion. You are the only one responsible for deciding which jobs to apply to and what to include in your applications. LoveThrive™ assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback. LoveThrive™ does not guarantee that any recommended jobs are suited for you.
By creating or adding information to a LoveThrive™ Profile or uploading a file resume on the Site, LoveThrive™ may share with you Job Ads that match the contents of Your Profile. LoveThrive™ may also highlight to you items in Your Profile that may match qualifications from the Job Ad or highlight to you items that appear in the Job Ad and may be missing from Your Profile. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring.
Even where LoveThrive™ highlights items or a Job Ad is shared with you, LoveThrive™ assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By uploading a file resume on the Site, you agree that LoveThrive™ may convert your file resume to a different file type. It is your responsibility to review Your Profile and resume to ensure that the content appears as you intend and that it contains the correct information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information. It may take a few days for updates to your account or Your Profile to be reflected. LoveThrive™ assumes no responsibility and disclaims all liability for Your Profile or other application information you post, send, or receive through the Site.
If you have a LoveThrive™ account, LoveThrive™ Resume, or an uploaded file resume, you agree that LoveThrive™ may associate any of this data with your LoveThrive™ Profile. Your LoveThrive™ Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your LoveThrive™ Profile, your uploaded file resume or LoveThrive™ Resume, your scores on any LoveThrive™ Assessments you may have taken, and any information that you choose to provide on the Site, such as your desired job title, job types, work schedule, qualifications, preferences, whether you are ready to work, or pay.
4. Contact Information and Masking
To mitigate fraud, LoveThrive™ may mask or hide your contact information; for example, we may mask or hide your email address and/or phone number from Your Profile, your resume, or application, and may substitute it with an alias. LoveThrive™ makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is at LoveThrive™’s sole discretion. LoveThrive™ may also mask some or all of the Employer’s contact information, or an Employer may choose to mask their contact information when they contact you. In either case, you agree to an Employer contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you. LoveThrive™ reserves the right to limit your ability to set Your Profile to Public and may toggle Your Profile to Private at any time to prevent illegal conduct, for fraud mitigation, or for any other reason in LoveThrive™’s discretion. LoveThrive™ makes no guarantee that Your Profile will be shown to any particular Employer or that any portion of the LoveThrive™ Profile database will be available to an Employer at any particular time.
5. Signup and Login: Phone Number Only Access (PNO), Social Media Accounts and VPNs
LoveThrive™ offers access to its Site through either a Phone Number Only (“PNO”) Account or a valid social media account that you legally own and are authorized to use for signup and login purposes. By accessing our Site using your phone number or social media account, you acknowledge and agree to the following limitations associated with such accounts:
Phone Number Changes
Should you change your phone number, you will lose access to your PNO Account unless you update the phone number linked to your PNO Account prior to losing access to your existing number. It is your sole responsibility to ensure that the phone number associated with your PNO Account remains current and accessible to maintain uninterrupted access.
Unauthorized Access to Social Media Accounts
In the event that your social media account is compromised and unauthorized individuals gain access, LoveThrive™ shall not be held liable for any unauthorized access attempts or any resulting damages. You are responsible for securing your social media accounts and must promptly notify LoveThrive™ of any unauthorized access to mitigate potential risks.
Use of Virtual Private Networks (VPNs)
While LoveThrive™ recognizes that some users may choose to utilize Virtual Private Networks (“VPNs”) as a security or privacy measure when accessing our Site, the following restrictions apply:
Access from Unsupported Regions
If you use a VPN to access LoveThrive™ from a country or region that we do not support, such access is deemed unauthorized. LoveThrive™ holds no legal obligation to users accessing the Site from unsupported regions and reserves the right to terminate access without prior notice.
Malicious Intentions
Any attempt to access LoveThrive™ with the intention of causing harm, disrupting services, or compromising the safety and security of the Site or its users constitutes a violation of our Terms and Conditions and Service Obligations. Such actions will be subject to legal action to protect the integrity and safety of our Site and its community.
6. Interactions with Third Parties
In certain markets, LoveThrive™ works with organizations involved in helping Job Seekers find opportunities. Notwithstanding the possible use of the term “partner” or “partnership,” LoveThrive™’s engagement with these organizations does not directly create or imply a joint venture, partnership, principal-agent relationship, or any other form of joint enterprise between the “partner” organization and LoveThrive™. In some instances, LoveThrive™ shares limited information back to these organizations about Job Seekers if Job Seekers agree to such sharing. For example, confirmation that a Job Seeker has created a LoveThrive™ account or used one of our Sites successfully (for example, by applying to a certain number of jobs or utilizing our career guides). These organizations may advertise their career services in partnership with LoveThrive™. LoveThrive™ is not responsible for, and disclaims all responsibility and liability for the activities of these organizations and their career services.
LoveThrive™ does not guarantee the quality or effectiveness of any advice, recommendations, guidance, or services you may receive from these third parties. You agree that, to the maximum extent permitted by law, LoveThrive™ will have no liability arising from any interactions you have with such a third-party organization.
In connection with LoveThrive™’s work with these organizations, LoveThrive™ may offer Job Seekers opportunities to present particular skills and qualifications on their LoveThrive™ Profile in connection with training programs or courses they have taken. Job Seekers are ultimately responsible for the contents of their resumes or Profiles, as well as their job searches and applications. LoveThrive™ assumes no responsibility and disclaims all liability for LoveThrive™ Profiles or application information that Job Seekers share with Employers or otherwise make public. LoveThrive™ makes no guarantees regarding your job application experience, that your LoveThrive™ Profile or resume will be shown to a particular Employer, that Employers will contact you, or that you will receive job interviews or job offers.
7. Applying to Jobs Through the Site
Any profile, resume, or application information that you submit through the Site, including Personal Data included in a resume, application, or responses to screener questions and assessments (“Apply”), is subject to this Agreement (including applicable Sections). To maintain the quality of the Site and Services, LoveThrive™ in its sole discretion may impose limits on your ability to apply to Job Listings or to other LoveThrive™ services. Use of any automation, scripting, or bots to automate the LoveThrive™ Apply process outside of LoveThrive™’s official vendors and tooling is prohibited and will lead to the account being banned or other security measures to protect our site from unauthorized activities.
Prior to submitting your application through LoveThrive™ Apply, you will be given the opportunity to review the information. It is important that you review this information carefully, including all links, to ensure that what is being submitted is accurate and complete, and that you are applying to your desired Employer and submitting the desired information to that Employer.
You are solely responsible for the contents of the application that you submit, including all attached files. Once you provide information to an Employer (whether in the form of a job application, LoveThrive™ Profile data, resume, email, interview material, or otherwise), LoveThrive™ does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. Unsubscribing from calls from Employers through the Site does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the Employer directly to request such an alternative method, as LoveThrive™ is not responsible for the Employer application process.
When you ask LoveThrive™ to submit your application or other information through LoveThrive™ Apply, you are sending your resume and application information to LoveThrive™, and you are requesting and authorizing LoveThrive™ to make available such application information to the applicable Employer(s) for the indicated Job Listing(s). You further agree to LoveThrive™’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask LoveThrive™ to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via LoveThrive™ Apply or the Site’s relay system, or store such application, you understand that this is without warranty, and that LoveThrive™ reserves the right to reformat such application or message. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through the Site being processed and analyzed for security purposes if applicable by LoveThrive™ according to this Agreement and LoveThrive™’s Privacy Policy.
You acknowledge and agree that Employers may request that LoveThrive™ assemble your application materials, resume, answers to screener questions, assessment responses, and other information you provide to LoveThrive™ into one document, and you agree that in doing so, LoveThrive™ assembles these application materials on your behalf. When you apply to a job using LoveThrive™ Apply, LoveThrive™ will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) or other service provider selected by the Employer. You agree that Employers can enable such service providers to access and manage their LoveThrive™ accounts, including by connecting to and integrating with APIs provided or used by LoveThrive™. We cannot guarantee that such messages and applications will be delivered, received, accessed, read, or acted upon. LoveThrive™ also does not guarantee that any Employer will receive, be notified about, access, read, or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. LoveThrive™ depends on the Employer or the Employer’s agent to provide LoveThrive™ with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Employers. If the electronic destination provided to LoveThrive™ is incorrect, your application materials will not be sent to the intended recipient of the application. Further, LoveThrive™ does not guarantee that its integrations or the interface will be error-free. However, LoveThrive™ may alert you when any of the above events occur.
Job Ads may expire or otherwise be removed between the time you submit your application and the time it is received, in which cases your application will be void. LoveThrive™ has no responsibility for expired or removed Job Ads or for delivering applications prior to a Job Ad’s expiration or removal. LoveThrive™ and its third-party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site. We also cannot vouch for the technical capabilities of any third-party sites, including but not limited to ATSs. Third-party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications.
We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored by LoveThrive™ on LoveThrive™’s or third-party providers’ servers, do not use the LoveThrive™ Apply or LoveThrive™ relay functions and please send your application or messages directly to the Employer by whatever other method you choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through the Site. By using the LoveThrive™ Apply system, you fully consent to the above.
By using the Site, you agree that LoveThrive™ is not responsible for the content of the Employer’s job application, requirements, messages, screener questions, skills assessments, or their format or method of delivery, and that LoveThrive™ does not guarantee receipt of your application by the Employer or your receipt of messages from the Employer. Please note that LoveThrive™ does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. Employers are solely responsible for any dispute resolution processes related to their hiring practices.
8. Data Privacy and Protection
You acknowledge and agree that any data contained in or associated with your Legal Name (as noted in legalized documents, if requested) in your Profile may be used to suggest jobs to you and to suggest you or your Profile to Employers that might be interested in a person who matches your behavior on the Site. You also agree that LoveThrive™ may contact you based on this observed behavior or provided information on behalf of Employers or LoveThrive™ itself. Please note, the aforementioned actions do not include information sent to you by a third party; however, LoveThrive™ may publicly display the fact that you have recently used the LoveThrive™ Site to correspond with a third party. In addition, if Your Profile is set to Public, this means that LoveThrive™ 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 Profile to Private. When you make changes to your LoveThrive™ Profile, including, but not limited to, updating, deleting, or changing settings, it may take a few days for the changes to be reflected.
LoveThrive™, in its sole discretion, may add labels or badges to Job Seeker profiles, such as “New Applicant” or a visual cue like an authorized “LoveThrive™ checkmark.” LoveThrive™ determines the method by which such labels or badges are added or which Job Seekers qualify based solely on Job Seeker activity on LoveThrive™. The lack of a label or badge may indicate that LoveThrive™ does not have sufficient data to determine if a Job Seeker qualifies. LoveThrive™ does not guarantee the accuracy of any label or badge and reserves the right to change or remove such label or badge features at any time and in LoveThrive™’s sole discretion.
You may have the opportunity to provide LoveThrive™ with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether you have an arrest or conviction record (“demographic data”). By choosing to provide your demographic data, you agree that LoveThrive™ may use it to evaluate and improve our products and share aggregate summaries of job seeker information with Employers. If you do not want your demographic data to be used in this way, do not provide it to LoveThrive™ (or, if you have already provided your demographic data to LoveThrive™, you can request it be removed). You further acknowledge and agree that another Job Seeker’s demographic data is personal information, and to the extent permitted by law, you waive any right to request or view demographic data pertaining to any other Job Seeker.
Please note that LoveThrive™ may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that LoveThrive™ may receive legal process from courts or law enforcement to reveal user data, including demographic data.
Please also note that some Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability, and/or veteran status along with their job applications. Some Employers are required by law to ask these questions, and you may see these questions when applying to jobs on LoveThrive™. That is a separate process from LoveThrive™’s collection of demographic data, and LoveThrive™ is not responsible for these questions. If you have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their Privacy Policy.
9. Employers and Hiring Third-Parties “LoveThrive™ Jobs Platform”
Employers or Hiring Third Parties may offer you the opportunity to participate in hiring activities that might be supported and authorized by LoveThrive™. You acknowledge and understand that the select method and manner that LoveThrive™’s “Jobs Platform” makes available for job openings are determined by the Employer and Hiring Third Party.
YOU UNDERSTAND AND AGREE THAT EMPLOYERS OR HIRING THIRD PARTIES ARE DIRECTLY RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING THEIR EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYERS OR HIRING THIRD PARTIES INDEMNIFY LOVETHRIVE™ AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYERS OR HIRING THIRD PARTIES’ USE OF LOVETHRIVE™’s HIRING PLATFORM OR SIMILAR PRODUCTS. LOVETHRIVE™ DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYERS’ USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW.
LoveThrive™ has no control over nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that LoveThrive™ is not an employment agency by offering LoveThrive™ Jobs Platform and related tools. By using LoveThrive™ Jobs Platform, you understand that LoveThrive™ is not procuring employees for Employers or Hiring Third Parties or opportunities for Job Seekers. LoveThrive™ merely provides our LoveThrive™ Jobs Platform as a tool that enables Employers or Hiring Third Parties and Job Seekers to exchange information as they determine.
10. LoveThrive™ Jobs
LoveThrive™ Jobs may offer authorized partner or third-party recruitment services from time to time. When you apply to a job supported by LoveThrive™ Jobs or otherwise engage with LoveThrive™ Jobs as a Job Seeker, you acknowledge and agree that LoveThrive™ Jobs may use the Site and its tools as an agent to Employers and Hiring Third Parties for services such as Apply, Virtual Interviews, Assessments, and other applicant screening tools. You further agree that LoveThrive™ Jobs may use information you provide to LoveThrive™ Jobs and data collected through the Site to present potential job connections or match you (if applicable) to potential Employers and Hiring Third Parties.
Employers or Hiring Third Parties use our services at their own risk. LoveThrive™ Jobs does not take responsibility for determining their job requirements, the specific needs of their hiring efforts, or their hiring decisions. By engaging with LoveThrive™ Jobs, you understand that you are not guaranteed job interviews, job placement, suitability for a particular position, or assurance of being hired, and you take full responsibility for your own decisions and actions during the recruitment process, including the acceptance or rejection of job offers.
11. Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site and provide various information. For example, you search for jobs, and LoveThrive™ knows and stores the titles of jobs you search for and click on, where those jobs are located, 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 the Site, and any other information you provide directly to LoveThrive™, including desired salary, past experience, any information in your LoveThrive™ Profile, and any of your other behavior on the Site. You know exactly what this data is because you are the person who provided the information or undertook the activity, and the data pertains only to your activity. By using the Site, you acknowledge and agree that LoveThrive™ collects, records, processes, analyzes, and stores any and all information you provide and activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. You further acknowledge and agree that LoveThrive™ may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online, recently active, or active on LoveThrive™, and whether you are responsive to Employer messages on LoveThrive™.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, LoveThrive™ may collect certain information about you and any actions taken by you during your visit using automated means, such as via API, cookies, pixels, and web beacons. The information collected includes, for example, information about Job Listings you viewed and job applications you started and completed. An Employer who provides tracker functionality is required under this Agreement to provide any notice and obtain any prior consent that may be required by applicable law. However, you acknowledge and agree that LoveThrive™ has no control over such an Employer or its website. You agree to LoveThrive™’s use of, and receipt of information from, any such tracker functionality.
You agree that any data contained in or associated with your Legal Name (as noted in legalized documents, if requested) in your Profile may be used to suggest jobs to you and to suggest you or your Profile to Employers that might be interested in a person who matches your behavior on the Site. You also agree that LoveThrive™ may contact you based on this observed behavior or provided information on behalf of Employers or LoveThrive™ itself. Please note, the aforementioned actions do not include information sent to you by a third party; however, LoveThrive™ may publicly display the fact that you have recently used the LoveThrive™ Site to correspond with a third party. In addition, if Your Profile is set to Public, this means that LoveThrive™ 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 Profile to Private. When you make changes to your LoveThrive™ Profile, including, but not limited to, updating, deleting, or changing settings, it may take a few days for the changes to be reflected.
LoveThrive™, in its sole discretion, may add labels or badges to Job Seeker profiles, such as “New Applicant” or a visual cue like an authorized “LoveThrive™ checkmark.” LoveThrive™ determines the method by which such labels or badges are added or which Job Seekers qualify based solely on Job Seeker activity on LoveThrive™. The lack of a label or badge may indicate that LoveThrive™ does not have sufficient data to determine if a Job Seeker qualifies. LoveThrive™ does not guarantee the accuracy of any label or badge and reserves the right to change or remove such label or badge features at any time and in LoveThrive™’s sole discretion.
You may have the opportunity to provide LoveThrive™ with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether you have an arrest or conviction record (“demographic data”). By choosing to provide your demographic data, you agree that LoveThrive™ may use it to evaluate and improve our products and share aggregate summaries of job seeker information with Employers. If you do not want your demographic data to be used in this way, do not provide it to LoveThrive™ (or, if you have already provided your demographic data to LoveThrive™, you can request it be removed). You further acknowledge and agree that another Job Seeker’s demographic data is personal information, and to the extent permitted by law, you waive any right to request or view demographic data pertaining to any other Job Seeker.
Please note that LoveThrive™ may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that LoveThrive™ may receive legal process from courts or law enforcement to reveal user data, including demographic data.
Please also note that some Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability, and/or veteran status along with their job applications. Some Employers are required by law to ask these questions, and you may see these questions when applying to jobs on LoveThrive™. That is a separate process from LoveThrive™’s collection of demographic data, and LoveThrive™ is not responsible for these questions. If you have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their Privacy Policy.
12. Employers and Hiring Third-Parties “LoveThrive™ Jobs Platform”
Employers or Hiring Third Parties may offer you the opportunity to participate in hiring activities that might be supported and authorized by LoveThrive™. You acknowledge and understand that the select method and manner that LoveThrive™’s “Jobs Platform” makes available for job openings are determined by the Employer and Hiring Third Party.
YOU UNDERSTAND AND AGREE THAT EMPLOYERS OR HIRING THIRD PARTIES ARE DIRECTLY RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING THEIR EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYERS OR HIRING THIRD PARTIES INDEMNIFY LOVETHRIVE™ AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYERS OR HIRING THIRD PARTIES’ USE OF LOVETHRIVE™’s HIRING PLATFORM OR SIMILAR PRODUCTS. LOVETHRIVE™ DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYERS’ USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW.
LoveThrive™ has no control over nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that LoveThrive™ is not an employment agency by offering LoveThrive™ Jobs Platform and related tools. By using LoveThrive™ Jobs Platform, you understand that LoveThrive™ is not procuring employees for Employers or Hiring Third Parties or opportunities for Job Seekers. LoveThrive™ merely provides our LoveThrive™ Jobs Platform as a tool that enables Employers or Hiring Third Parties and Job Seekers to exchange information as they determine.
13. Governing Law and Dispute Resolution
Please refer to our Terms and Conditions for comprehensive governance of this agreement. This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to our LoveThrive™ site are governed, in all matters, including but not limited to the validity, construction, and performance of this Agreement, by and under the governing laws of the State of California, United States of America.
14. Class Action Waiver and Dispute Resolution
By using the LoveThrive™ Jobs portion of our site or any of our associated free or paid services, you acknowledge that LoveThrive™ provides these services for Job Seekers. As consideration for and in exchange for your use, you agree not to initiate a class-action lawsuit or participate as a class member or representative against LoveThrive™ concerning your use of the site. Any grievances or disputes arising from your use of LoveThrive™ Jobs shall be handled in accordance with the arbitration provisions outlined in our Terms and Conditions. This Class Action Waiver applies to all users, both free and paid and is a core part of your agreement with us. If you do not agree with these terms, we kindly request that you discontinue use of the site remove your profile, and delete your data. We are not liable for any data that remains on our Site if the user, in this case, does not voluntarily delete their data.
Terms of Service for Employers & Third Parties
The following Terms and Conditions apply to all Employers or Third Parties and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or others’ behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance of this Agreement.
For purposes of this “Employers & Third Parties” Section of the LoveThrive™ General Terms of Service, all references to “user” or “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer or other user as described above.
See the Job Seeker Eligibility and Access Restrictions section for country limitations and our legal obligations, that also apply to the following Employer Services.
Employer Services
For users of both free and paid services, please refer to our Terms and Conditions for comprehensive governance of this Agreement. Due to the nature of user-generated content (UGC), there may be instances where content appears on the Site before it is reviewed and potentially removed or where accounts may be suspended. While we strive to maintain a safe and respectful environment, we cannot guarantee the immediate removal of all inappropriate or unauthorized content. Interactions with third parties should be managed by those parties and in accordance with applicable local, federal, or international laws. To report malicious activity or questionable content, please use the provided “Report” or “Moderation” links where applicable.
Paid and Subscription Services (Employers and Third Parties)
- Finality of Sales: All sales of LoveThrive™ paid services and subscription services are final, even if the user changes their mind after the purchase. Users may not receive any refunds for purchases once the transaction is completed.
- Discretionary Credits: LoveThrive™ reserves the exclusive right, in its sole discretion, to evaluate requests for credits related to both paid services and subscription services. Such credits may be issued at an amount equal to or less than the original service value and will be assessed on a case-by-case basis. All decisions regarding the issuance of credits shall be considered final and are not subject to appeal.
- Cancellation and Renewal: Users are responsible for managing their subscriptions, including any cancellations. Subscription services must be canceled at least 30 days before the renewal date to avoid automatic renewal and associated charges. LoveThrive™ is not liable for any missed cancellations or charges incurred due to the user’s failure to cancel their subscription in accordance with this requirement. LoveThrive™ will include clear instructions on how to cancel subscriptions when purchases are made.
- Compliance with Terms: Users who made service purchases, whether for paid or subscription services, must comply with all applicable Terms of Service to be eligible for any potential credits. LoveThrive™ reserves the right to deny credit requests if users fail to adhere to the Terms of Service or if the user’s subscription or purchase does not comply with standard operational procedures.
- Notification and Consent: By engaging with LoveThrive™’s paid and subscription services, users provide their explicit consent to these terms, including renewal terms and the cancellation process. LoveThrive™ will notify users of any changes to these terms before charging their payment method.
- Non-Transferability: Both paid and subscription services, along with any associated credits or benefits, are non-transferable and may only be accessed by the user who initially purchased the service.
1. Employer Accounts
When you create a LoveThrive™ account, a Company Page, or post job listings advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site, whether as part of the LoveThrive™ Ads Program or otherwise, you agree that this Agreement, the terms associated with any LoveThrive™ service you are using, and all of LoveThrive™’s policies, including our Terms and Conditions, apply to you.
When you create a LoveThrive™ account, we may require that you verify your identity as part of our quality checks from time to time. You agree that we hold the right to validate your legal rights to post on our platform. You may be presented with different options for verification, including verification via a third-party service such as ID.me or other “Third-Party Verification Services.” When using Third-Party Verification Services, you will be providing your information to these services and engaging with them directly. You agree that ID.me and other “Third-Party Verification Services” are solely responsible for any collection, use, storage, processing, or loss of data you provide to them, and any legal obligations related to such activities, including the capture or storage of any biometric identification or biometric identifiers. LoveThrive™ does not collect any biometric information or biometric identifiers from these Third-Party Verification Services.
When you access or use the Site in your capacity as an employee or other representative of an Employer, or if you create a LoveThrive™ account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide to LoveThrive™ through the account, such as the actions you take and when you take them, will be visible to the Employer. As part of this account, you may have an individual profile (“Employer Profile”). Your Employer Profile consists of information you provide on the Site in the “Account Settings” and “Employer Settings” sections of the account.
As an Employer, your account is for business use only and not for personal use. LoveThrive™ is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a LoveThrive™ account, you agree to receive mandatory email updates regarding account activity. 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 refuse such email. Please note that LoveThrive™ may be required to preserve business records pertaining to that account to comply with its obligations under law. Alternatively, if an Employer agent wishes to access or delete their Personal Data held by LoveThrive™, they may do so and delete their data.
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) (“Admins”) of an Employer account invites other users to the same account. Admin(s) and other designated users can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the Site, such as accessing account data, including candidate Personal Data, contained in the account of the user who initiated the invite or purchasing services from LoveThrive™ under such account. If you are an Admin or another designated user adding a user to a Role or several Roles, you represent to LoveThrive™ 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 LoveThrive™ 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, access to your account, and any purchases made under your account.
(If Applicable)
When using a Linked Account, any users with access to certain Roles may have access to any or all account information, such as communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. You agree that you are responsible for the payment of all purchases made under your account, and if you accept another user’s invitation to link your Employer account to their Employer account, you acknowledge that any and all information about your activity in your Employer account, such as the actions you take and when you take them, will be visible to all linked users. Administrators of Linked Accounts may retain certain information Linked Account users provide, such as an email address used to receive applications. Linked Account users will not be able to see your activity, such as your job searches, applications or preferences, or your LoveThrive™ Profile information, contained in your Job Seeker account. You may visit your account settings at any time to unlink your account. The Admin assigned to an Employer account may also unlink any user from that Employer account at any time and may be notified if your Linked Account is used to log in from too many devices.
If your LoveThrive™ employer account has a credit card or other payment method on file, such as bank account information for Automated Clearing House (“ACH”) payment, LoveThrive™ may charge that payment method for any products or services you order and for any outstanding payments, including to correct billing errors.
You agree that LoveThrive™ may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. LoveThrive™ cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that LoveThrive™ bears no responsibility for doing so. LoveThrive™ makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
LoveThrive™ may offer suggestions, recommendations, or information to users that may support or improve their experience on LoveThrive™ Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to job postings, and whom you interview or hire. LoveThrive™ assumes no responsibility and disclaims all liability for any actions you take based on any information provided by LoveThrive™.
LoveThrive™ may limit your ability to post a job or the visibility of your job if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable laws; however, LoveThrive™ is not responsible for, and you are solely responsible for, compliance with minimum wage, local language, and other legal requirements.
If you are a LoveThrive™ agency partner, you may be eligible to participate in a LoveThrive™ partnership program. Agency partners in this program may attain the rank of “Gold,” “Silver,” or “Bronze” based on their LoveThrive™ usage and engagement, measured by revenue. LoveThrive™’s determination of an agency’s rank is made at its sole discretion and may be revoked at any time.
You agree that LoveThrive™ is not responsible for maintaining or storing employment records, job application materials, or data on your behalf, and that you are responsible for your own compliance with any applicable record retention requirements or other applicable laws.
2. Employer and Third-Party Services, Including LoveThrive™ Jobs and Screener Questions
You also agree that, as a service to Job Seekers, LoveThrive™ may activate its LoveThrive™ Jobs message function for use in connection with your Job Listings, and that any Job Seeker may indicate interest in Job Listings through LoveThrive™ Jobs, and that LoveThrive™ will send applications to the email address you provide. You also agree that LoveThrive™ may activate a chatbot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use third-party candidate management tools, including but not limited to your Employer Dashboard, or by activating the LoveThrive™ Jobs message function for your Job Listings, you acknowledge and agree that LoveThrive™ may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume, and rejecting a candidate. You agree that if you use such candidate management tools, LoveThrive™ may assemble the candidate’s application materials, resume, answers to screener questions, assessment responses, and other information the candidate provides to LoveThrive™ into one document or webpage.
You further agree that LoveThrive™ is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention, reporting requirements, or other applicable laws. By using these tools, you consent to any information shared through the Site being processed and analyzed by LoveThrive™ according to this Agreement and your privacy preferences. LoveThrive™ may store such information regardless of whether a job vacancy has been filled. Candidate Summaries may be provided by LoveThrive™ for certain Job Seekers on the Candidate Details page. These Summaries are populated with information from the Job Seeker and information provided by you in the Job Description. Candidate Summaries are not a recommendation for employment.
Employers agree to review the full application and not to use such summaries as the basis for employment decisions. In a Candidate Summary or other product or service on the Site, you may see a verification of a Job Seeker’s skills, certifications, or other qualifications. LoveThrive™ does not guarantee the accuracy of such verifications or information, and you are solely responsible for verifying information on the Site.
Whether you are using the Site directly or any ATS, you are responsible for the contents of your emails, application forms, screener questions or their format, criteria you set for inviting candidates to interview, Company Pages that you create, update, or manage, any Job Listings that you post, and any messages that you send through LoveThrive™ Jobs or otherwise, and agree that LoveThrive™ is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all content on the Site, including minimum wage requirements, wage transparency laws, or any other law.
If you include voluntary self-identification questions for Job Seekers along with your application materials, you are solely responsible for compliance with applicable laws related to such questions, including the content and format of the questions and your use of the Job Seekers’ responses. You are solely responsible for compliance with all applicable regulatory requirements related to collecting and reporting demographic information about applicants.
If you close or change any Job Listings that you post, you agree to promptly update such Job Listings on the Site or otherwise notify LoveThrive™. LoveThrive™ may provide you with a mechanism for responding to requests for accommodations from Job Seekers. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers.
You agree that LoveThrive™ may reject or remove any Job Listing or any questions for Job Seekers for any or no reason. For example, LoveThrive™ may remove any Job Listing or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing, requirement, or question specifically makes clear that only Job Seekers matching 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, requirement, or question 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, requirement, or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. You understand and agree that you are responsible for ensuring that your Job Listing requirements and criteria are job-related and in compliance with applicable law.
LoveThrive™ does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails you may receive about applications or other activities, are provided solely as a courtesy to you, and you should not rely on them.
In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, such as an offer letter, to a Job Seeker through LoveThrive™’s message functions, do not use the LoveThrive™ message functions and please contact the Job Seeker via another method. When using the LoveThrive™ Jobs function, LoveThrive™ will attempt to send applications to the contact information provided to it by you; however, LoveThrive™ has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify LoveThrive™ for any damages resulting therefrom.
When Job Seekers apply or RSVP to your Job Listing, LoveThrive™ may give them the opportunity to provide certain demographic information to LoveThrive™, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether they have an arrest or conviction record (“demographic data”). This LoveThrive™ demographic data survey is separate from any voluntary self-identification questions provided by Employers. By using the Program, you agree that LoveThrive™ may collect demographic data from Job Seekers applying to your Job Listing using LoveThrive™’s demographic survey and that LoveThrive™ may use information from that survey to evaluate and improve its products. You further agree that you, as an Employer, have no ability, right, or entitlement to view or access demographic data collected via the LoveThrive™ demographic data survey pertaining to any Job Seeker or related to any Employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with all applicable nondiscrimination laws. LoveThrive™ disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.
When you use LoveThrive™ Jobs for your Job Listings, you acknowledge and agree that LoveThrive™ may add functions into the corresponding LoveThrive™ Jobs emails. In addition, LoveThrive™ may, on your behalf, send out reminder emails to Job Seekers you wish to interview. LoveThrive™ may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct LoveThrive™ to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, such candidates will receive rejection notices and will be set to rejected in your candidate dashboard. You further acknowledge that LoveThrive™ has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately.
When you use LoveThrive™’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected.” If you choose such an option, you acknowledge that LoveThrive™ has no discretion in the transmission or storage of rejection notices.
Similarly, you may be given the option to use candidate management tools that schedule interviews on your behalf with Job Seekers who meet criteria you have selected. If you choose such an option, Job Seekers will be scheduled for interviews and invited to interviews on your behalf via email based on whether information the Job Seeker has provided to LoveThrive™ (e.g., answers to screener questions, resume, LoveThrive™ Assessment Responses) matches criteria you have set. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law.
You are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You further agree that LoveThrive™ has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Job Seeker provided to LoveThrive™ may not be accurate. LoveThrive™ may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately the Employer’s responsibility to confirm whether any interviews were scheduled or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time, and by scheduling such interviews, LoveThrive™ does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to LoveThrive™ is accurate. LoveThrive™’s candidate management tools are intended to allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the content of any screener question, any decision to proceed or not proceed with interviews or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of candidate management tools is solely with the Employer. By using this and other candidate management tools, you acknowledge and agree that LoveThrive™ is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that LoveThrive™ does not act as your employment agency by offering these candidate management tools.
LoveThrive™ may highlight to Job Seekers qualifications required for your position in order to help the Job Seekers assess whether to apply for your role. LoveThrive™ does not verify the identity of any Job Seekers who apply to your job listing, nor does LoveThrive™ know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that LoveThrive™ Jobs and its message functions are presented to you without warranty, and LoveThrive™ assumes no responsibility for the communications between you and the Job Seeker, which communications are your and the Job Seeker’s sole responsibility.
By using any automated phone screen product, you agree that you are requesting LoveThrive™ to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree that these questions are part of your application process, are solely determined by you, and are not being asked by LoveThrive™. You also agree that you are only asking LoveThrive™ to record the Job Seeker’s answers to your screening questions and that LoveThrive™ will forward you the recording of the answers to your questions. You consent to LoveThrive™ listening to and analyzing the recording in accordance with LoveThrive™’s Privacy Policy, as well as to LoveThrive™ providing the recording to third parties to aid in analysis or quality of the product. LoveThrive™ disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
You shall indemnify, defend, and hold harmless LoveThrive™, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, any Job Listing, application materials, voluntary self-identification questions, screener questions (or answers thereto) posted by you, or any messages sent by you. LoveThrive™ may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at LoveThrive™’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any LoveThrive™ product, LoveThrive™ reserves the right to suspend or terminate your use of that LoveThrive™ product as well as any other LoveThrive™ product, including but not limited to those LoveThrive™ products where you do not have an unpaid invoice or account balance. LoveThrive™ may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees it incurs collecting such late payments.
When you view, send, take action on, make a decision regarding, store, or receive materials (including Job Listings, resumes, applications, pre-recorded interviews, and messages) through or by using the Site or any Applicant Tracking System (“ATS”), LoveThrive™ may, for any purpose, use any data from such materials or actions for data analysis, quality control, or to refine the Site or any other LoveThrive™ product or service (including to provide better search results and other Job Listings for Job Seekers and Employers), whether via automated means or otherwise. LoveThrive™ may also inform the Job Seeker of your actions or activity related to such materials through or using the Site or any ATS. For example, LoveThrive™ may notify the Job Seeker about your activity or action related to a Job Ad (such as pausing or closing it), or the Job Seeker’s application or resume (for example, that you viewed or responded to it, or that you made a decision with respect to it). LoveThrive™ may inform Job Seekers about activities you take on the Site, for example, whether you are online, recently active, or active on the Site. You hereby consent to LoveThrive™ informing the Job Seeker about such actions and activities.
LoveThrive™, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as “Responsive Employer,” “Active Employer,” “Hired on LoveThrive™,” or “Verified.” Employers may also request that LoveThrive™ add such labels. LoveThrive™ shall determine the method by which such labels or badges are added or which Employers qualify. The lack of a label or badge may indicate that LoveThrive™ does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer, and LoveThrive™ does not guarantee the accuracy of such data. LoveThrive™ does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads. LoveThrive™ reserves the right to change or remove such label or badge features at any time and at its sole discretion.
If you access or use any LoveThrive™ Application Programming Interface (API), including accessing and using the Site or any of the LoveThrive™ Apps or any ATS through an API, you agree to be bound by this Agreement, the LoveThrive™ Privacy Policy, the Site Rules, and any additional rules and policies made available by LoveThrive™. API USAGE: YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT LOVEThrive™ DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY LOVETHRIVE™ API.
It is your responsibility to regularly review any App or the Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, and methods for charging) about LoveThrive™ products and services. By using an API, rather than directly using the Site or a LoveThrive™ App, you agree to all information provided on the Site or in a LoveThrive™ App.
Use of any application or ATS via an API, rather than direct use of the Site or a LoveThrive™ App, shall not excuse any lack of information or understanding about LoveThrive™ products and services where that information is otherwise provided on the Site or in a LoveThrive™ App.
Your use of a third-party developer to build an integration with an ATS: Should you appoint or otherwise utilize a third-party developer to develop an integration with an ATS, you shall ensure that you and the third-party developer comply with all applicable Data Protection laws (including, inter alia, the execution of data processing agreements) in the development of the ATS integration. When you use the LoveThrive™ API through a third-party developer to develop an integration with an ATS, you shall be fully liable for the actions/omissions of the third-party developer and the ATS you choose to use. You shall also ensure that all personal data (including disposition data) transferred to LoveThrive™ via the integration takes place in compliance with applicable Data Protection laws, for example, obtaining consents from and providing notices to data subjects (as applicable) and implementing relevant agreements where required by such laws. You shall indemnify and hold harmless LoveThrive™ against any claims or actions brought by a data subject arising from or related to your use of the API and/or your use of a third-party developer and their use of the API.
You acknowledge that as part of its efforts to combat fraud and spam, LoveThrive™ may require that users verify their email address, including Job Seekers applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.
LoveThrive™ may offer functionality permitting you to request demographic information, including disability status, from applicants to your Job Ad. If you use such functionality, you represent that you are a federal contractor or subcontractor who is required to seek disability status information from job applicants for the purpose of complying with the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) requirements. You acknowledge that this functionality is presented without warranty, and compliance with any OFCCP or other governmental record-keeping requirements remains your sole responsibility.
3. Job Match (If Feature Is Applicable)
Job matches are recommendations that may be presented to both you as an Employer or Third Party and to Job Seekers in various formats on the Site. For example, LoveThrive™ may recommend resumes that match Job Ads you have posted, or recommend Job Ads to Job Seekers that are similar to jobs to which they have recently applied. Job matching is provided to you on a beta basis and is subject to our Beta Program and used in “as is” condition until further notice.
To generate matches, LoveThrive™ uses data collected through our Site from both Employers or Third Parties and Job Seekers. This includes Job Ads, resumes, application materials (including responses to screener questions), third-party assessments, and user activity on the Site. You agree and consent that LoveThrive™ may use this information to present potential matches to you and to potential Job Seekers.
4. Salary, Applies, or Other Information Provided by LoveThrive™
LoveThrive™ may provide some information and content to users for informational purposes only. For example, LoveThrive™ may provide Job Seekers with data regarding estimated salaries for a given Job Listing, the number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or provide you with estimated applies to your Job Listing. All such figures provided by LoveThrive™ are estimates given for informational purposes only, may come from a third party, and are subject to change or varying levels of accuracy. If you are participating in the LoveThrive™ Ads Program and your Sponsored Job advertising budget is set on a per-apply basis, you will be charged based on LoveThrive™’s determination of apply count as reflected in your employer dashboard and not based on the number of applies that may be provided to Job Seekers for informational purposes only. LoveThrive™ may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description. These are for informational purposes only, and LoveThrive™ does not guarantee the accuracy of any label or badge. LoveThrive™ 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 LoveThrive™, including from LoveThrive™ affiliates. These figures are given to LoveThrive™ users for the purpose of generalized comparison only. LoveThrive™ may also provide data regarding impressions in relation to your Job Ad. Such figures are provided for informational purposes only, are subject to change at any time, and LoveThrive™ does not guarantee their accuracy. LoveThrive™ reserves the right to change the method of measuring such figures at any time.
LoveThrive™ may offer job post templates for informational purposes only. By using any of this content, you adopt it as your own and are responsible for making it true, appropriate, and compliant with all applicable laws. All content provided by LoveThrive™, including template job post information and estimated applications for a given job posting, is for informational purposes only, may comprise or be based on information provided by third parties, is provided without warranty, and is subject to change and varying levels of accuracy. Estimated applications are not a guarantee of future performance.
LoveThrive™, in its sole discretion, may add labels or badges to Job Seeker profiles. LoveThrive™ determines the method by which such labels or badges are added or which Job Seekers qualify based solely on Job Seeker activity on LoveThrive™. The lack of a label or badge may indicate that LoveThrive™ does not have sufficient data to determine if a Job Seeker qualifies. LoveThrive™ does not guarantee the accuracy of any label or badge and reserves the right to change or remove such label or badge features at any time and in LoveThrive™’s sole discretion.
5. Third-Party Screening Tools
LoveThrive™ may make available to you third-party screening tools for your use for candidates who apply to your job, including screener questions, phone screen tools, and assessments. LoveThrive™ is licensing these tools to you for your use as you determine. By using any screening product made available to you by LoveThrive™, 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 LoveThrive™. You agree you are solely responsible for the use of such screening tools in compliance with the law, such as the Fair Credit Reporting Act and similar state statutes, applicable employment, equality, or anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other similar federal, state, and local laws, and any applicable data protection or privacy laws, or laws regulating the use of automated employment decision tools.
You agree that an Assessment is only designed to evaluate a particular knowledge, skill, or ability. It does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. You agree to use an Assessment in combination with other selection and hiring processes to measure only those knowledge, skills, or abilities and/or other characteristics that are 1) job-related and 2) required for a candidate’s first day on the job. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any similar law. You further agree that LoveThrive™ is not responsible for any claims resulting from your use of screening tools, and you agree to indemnify LoveThrive™ for any claims arising out of your use of such screening tools.
LoveThrive™ may offer functionality that groups candidates based on whether they meet or may meet Employers’ criteria, based on text in their resumes or answers to screener questions, and we offer Employers the ability to automatically schedule calls with applicants who meet their criteria as well. In all cases, Employers can view any applicant at any time, and LoveThrive™ makes no decisions about any applicant. You agree that such functionality does not constitute or contribute to a decision and is not a substitute for human discretion and review. You agree not to use such functionality as the sole factor, as a factor weighted more than other factors, or to modify or overrule conclusions derived from other factors, in your decision-making or hiring processes.
6. Signup, Login, Access, Communication on our Site, and VPN usage
6.1 Signup and Login: Phone Number Only Access (PNO), Social Media Accounts and VPNs LoveThrive™ offers access to its Site through either a Phone Number Only (“PNO”) Account or a valid social media account that you legally own and are authorized to use for signup and login purposes. By accessing our Site using your phone number or social media account, you acknowledge and agree to the following limitations associated with such accounts:
Phone Number Changes: Should you change your phone number, you will lose access to your PNO Account unless you update the phone number linked to your PNO Account prior to losing access to your existing number. It is your sole responsibility to ensure that the phone number associated with your PNO Account remains current and accessible to maintain uninterrupted access.
Unauthorized Access to Social Media Accounts: In the event that your social media account is compromised and unauthorized individuals gain access, LoveThrive™ shall not be held liable for any unauthorized access attempts or any resulting damages. You are responsible for securing your social media accounts and must promptly notify LoveThrive™ of any unauthorized access to mitigate potential risks.
Use of Virtual Private Networks (VPNs)
While LoveThrive™ recognizes that some users may choose to utilize Virtual Private Networks (“VPNs”) as a security or privacy measure when accessing our Site, the following restrictions apply:
Access from Unsupported Regions If you use a VPN to access LoveThrive™ from a country or region that we do not support, such access is deemed unauthorized. LoveThrive™ holds no legal obligation to users accessing the Site from unsupported regions and reserves the right to terminate access without prior notice. Refunds will not be initiated in such cases for unauthorized usage of our services.
Malicious Intentions Any attempt to access LoveThrive™ with the intention of causing harm, disrupting services, or compromising the safety and security of the Site or its users constitutes a violation of our Terms and Conditions and Service Obligations. Such actions will be subject to legal action to protect the integrity and safety of our Site and its community.
6.2. You may receive notifications via the app, email, or your LoveThrive™ dashboard corresponding with your activity or use, or a Job Seeker’s activity on or use of the Site, LoveThrive™ Jobs, LoveThrive™ Messaging, or any other communications service, product, or feature provided on or through the Site. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview; do not rely on notifications through the Site. Further, if you post a Job Listing directly on the Site, applications are sent to your LoveThrive™ dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will still be sent to your LoveThrive™ dashboard. LoveThrive™ disclaims all warranties with regard 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.
LoveThrive™ may enable LoveThrive™ Messaging, as well as text messaging message, email message, and/or call message services through our Site directly or through vendors to help facilitate contact between Employers and Job Seekers about a Job Listing. LoveThrive™ may also enable Employers and/or Job Seekers to connect with each other on LoveThrive™ Messaging via third-party providers. You understand that communicating through such LoveThrive™ Messaging and/or other communication options on or through the Site shall be limited to the purpose of hiring for a Job Listing. LoveThrive™ reserves the right to turn on or enable LoveThrive™ Messaging and/or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that LoveThrive™ Messaging or other communication options are available for a particular job or Employer. For example, you may be eligible to enable LoveThrive™ Messaging pre-apply to certain Job Listings. To remain eligible for LoveThrive™ Messaging pre-apply, you must respond to Job Seeker communication in the amount of time identified on the Site. LoveThrive™ may, in its sole discretion, turn off or disable LoveThrive™ Messaging for any Employer or Job Seeker at any time without prior notice and for any or no reason. Please note that since messaging message services depend on the functionality of third-party providers, there may be technical delays and other errors on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive communications, such as text messages, emails, or calls. We also do not guarantee that LoveThrive™’s integrations with these third-party providers or interface will be error-free. Further, we do not guarantee that communications sent to or through LoveThrive™ Messaging will be delivered, received, accessed, read, or acted upon. However, LoveThrive™ may alert you when any of the above events occur. In the event a message is sent intended for a closed account, these messages will not be deliverable.
LoveThrive™ may mask or hide contact information at our sole discretion, such as phone numbers and email addresses, and substitute it with an alias. For example, LoveThrive™ may mask Job Seeker contact information from resumes or applications. LoveThrive™ may also mask your email address or phone number, and Job Seekers may see an alias email address or phone number when they communicate with you. You agree to a Job Seeker contacting you from a masked phone number or email. If you contact a Job Seeker from a masked phone number and you do not leave your contact information, after the masked number expires, the Job Seeker may not be able to contact you by phone unless you have provided your actual contact information to them. Once a Job Seeker has your contact info, you agree that LoveThrive™ is not responsible or liable for the manner in which they may use the info.
When you or a Job Seeker sends a message through LoveThrive™, we may use third-party vendors to facilitate messages. Our third-party vendors may process the message to offer you services, display your message on the Site, and for other purposes as provided in this Agreement. For example, when you send or receive a message, LoveThrive™ may group messages together as part of a conversation on LoveThrive™ Messaging. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with a Job Seeker through the Site, the Employer sender’s information may be displayed in different ways—for example, it may be displayed as the Employer’s company name or the name of the specific person sending the message—but you or the Job Seeker may not see all that info in all circumstances.
LoveThrive™’s messaging system is not intended for sending one message to multiple Job Seekers. You agree not to use LoveThrive™’s messaging services to send bulk messages unless specifically authorized in the LoveThrive™ interface. You agree not to circumvent this limitation by using your email client for this purpose—such as sending email messages through your email client (e.g., your Gmail or third-party email provider) to multiple LoveThrive™ aliased email addresses. You agree that any email that you address to more than one Job Seeker on the To, CC, or BCC line is separated into different emails and conversations by Job Seeker; you will see Job Seeker responses in their own email threads and their own conversations on LoveThrive™ Messaging. If a user sends an email to multiple recipients (e.g., by adding additional aliased email addresses to the CC field in a third-party email client), this may affect the way messages on the Site are displayed. In this case, it is best to view the email conversation in the third-party email client. Should you choose to send an email from a third-party email client, the person with whom you’re communicating may be able to see your email address rather than the alias.
If you, or anyone on your behalf, view, store, send, or receive communication or materials (including messages, text messages, chats, emails, interview or other voice recordings or transcripts, and any other information) to, on, or through the Site, you agree to the communication or material being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Site’s rules and other LoveThrive™ policies, content moderation, and to improve the Site or any other LoveThrive™ product or service. To achieve these purposes, we use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. LoveThrive™ also uses vendors as an extension of the Site to collect, record, process, analyze, and store communication data. If you disagree with any part of these terms, do not use the Site.
7. Third-Party Virtual Communications Tools
LoveThrive™ Jobs may offer Employers or Third Parties tools from our authorized partner or third-party recruitment services from time to time. When you apply to a job supported by LoveThrive™ Jobs or otherwise engage with LoveThrive™ Jobs as a Job Seeker, you acknowledge and agree that LoveThrive™ Jobs may use the Site and its tools as an agent to Employers or Third Parties for services such as applying, conducting virtual interviews, assessments, and other applicant screening tools. You further agree that LoveThrive™ Jobs may use information you provide to LoveThrive™ Jobs and data collected through the Site to present potential job connections or match you (if applicable) with potential Employers or Third Parties.
Employers or Third Parties use our services at their own risk. LoveThrive™ Jobs does not take responsibility for determining their job requirements, the specific needs of their hiring efforts, or their hiring decisions. By engaging with LoveThrive™ Jobs, you understand that you are not guaranteed job interviews, job placement, suitability for a particular position, or assurance of being hired, and you take full responsibility for your own decisions and actions during the recruitment process, including the acceptance or rejection of job offers.
Employers or Third Parties who use their own tools or third-party vendors to facilitate virtual interviews, assessments, and other applicant screening tools shall assume full liability for the use of such tools. LoveThrive™ is not liable, and these risks are yours alone regarding the use of these tools and vendors.
You are solely responsible for offering alternative methods of communicating or interviewing for individuals with disabilities if so required by the Americans with Disabilities Act or any similar law.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS, INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS, AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOVETHRIVE™ IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. LOVETHRIVE™ ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH THE USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT LOVETHRIVE™ DOES NOT ASSUME ANY RESPONSIBILITY FOR THE AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT LOVEThrive™ DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
Upon your request, LoveThrive™ may extend invitations to additional representatives at your company to join Virtual Interviews. You understand and agree that LoveThrive™ will extend such invitations on your behalf based on the email addresses you provide for those representatives, but LoveThrive™ is not responsible for inaccuracies in the contact information you provide. Further, LoveThrive™ is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to LoveThrive™’s Terms, and by extending invitations to your representatives, you are binding them to LoveThrive™’s Terms.
You understand that LoveThrive™ is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. LoveThrive™ is not a party to your virtual interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.
Recording Virtual Interviews: As an Employer, you may be presented with an option to enable the recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Job Seekers and all participants. By recording a Virtual Interview, you represent and warrant to LoveThrive™ that you have secured all necessary consent and will comply with all applicable laws, including state and federal law regarding consent to record interviews and phone calls. By choosing to record Virtual Interviews through the Site, you agree that third-party providers and LoveThrive™ can store and access the recording. However, you agree that LoveThrive™ is not obligated to store or retain any recording of a Virtual Interview.
YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD LOVETHRIVE™ HARMLESS FROM ANY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) THAT ARISE FROM THE RECORDING OF VIRTUAL INTERVIEWS.
Virtual Evaluations: You shall only use the recordings and other information obtained through Virtual Evaluations for your internal hiring purposes. You shall not use Virtual Evaluations for any illegal, discriminatory, or fraudulent purpose. As part of Virtual Evaluations, you will submit or approve interview questions which LoveThrive™ will share with candidates. You agree that the interview questions are part of your application process and determined solely by you. LoveThrive™ may provide you with the ability to directly invite candidates to participate in Virtual Evaluations or you may instruct LoveThrive™ to automatically invite candidates who meet your selection criteria, for example, all candidates who submit an application through the Site. You acknowledge and agree that you are solely responsible for your use of Virtual Evaluations, including how you decide which candidates shall be invited to participate in Virtual Evaluations, whom you decide to contact after the Virtual Evaluation has been completed, and any employment-related decisions that you make. LoveThrive™ does not act as your employment agency by offering you the Virtual Evaluations service. A candidate’s Virtual Evaluation video will only be deemed complete and submitted to you when the candidate approves the submission through the Virtual Evaluations tool. LoveThrive™ reserves the right to not submit a candidate’s response if a candidate or Employer uses the tool in an abusive manner, which shall be determined at LoveThrive™’s sole discretion. You agree that LoveThrive™ is not responsible for maintaining or storing any candidate submissions through Virtual Evaluations and that you are responsible for your own compliance with any applicable record retention requirements. You acknowledge and agree that the video recordings and transcripts associated with Virtual Evaluations will only be retained for a period of one year from the date that the recording is completed by the Job Seeker (“One Year Period”). After the relevant One Year Period, the video recording and transcript will be permanently deleted, and you will no longer be able to view or access them. You acknowledge that the Virtual Evaluations video recordings contain personal and confidential information, and you confirm that those you’re sharing the Virtual Evaluations video link with have permission to view the recording. The term User Content as defined in these Terms of Service shall include the content of the interview questions, as well as the content of the Virtual Evaluations video recordings, transcripts, and any other information that you or a Job Seeker sends through Virtual Evaluations.
8. Company Pages, Job Ads, Employer Branding
When you post a Job Ad directly on the Site, it may automatically generate a Company Page for you with the voluntary information you provide. You understand that LoveThrive™ may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize LoveThrive™ to claim such Company Page on your behalf, which will be marked as “Your Profile” (or similar wording) and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company identified on the Company Page. Additionally, LoveThrive™ may include all of your Job Ads posted on the Site on your Company Page, including those posted directly on the Site as well as those indexed by LoveThrive™ from other sources. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including photographs or videos you provide, and third-party websites reachable from content you put on a Company Page.
Specific free or paid features for Employers or Third Parties on our Site may be changed or removed by LoveThrive™ at any time, at LoveThrive™’s sole discretion and without notice.
9. Governing Law and Dispute Resolution
This Agreement and any disputes arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the State of [Insert Applicable State], without regard to its conflicts of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in [Insert Appropriate Jurisdiction]. By accessing or using the Site, you irrevocably consent to the jurisdiction of such courts and waive any objections based on personal jurisdiction or venue.
10. Class Action Waiver
To the maximum extent permitted by applicable law, you agree that you will not initiate or participate in a class action lawsuit, class-wide arbitration, or other representative action against LoveThrive™ concerning your use of the Site or any of its services. You acknowledge that this class action waiver is a fundamental basis of your agreement with LoveThrive™, and that LoveThrive™ would not have entered into this Agreement without this provision.
11. Indemnification
You shall indemnify, defend, and hold harmless LoveThrive™, its agents, affiliates, and licensors from any claims or liabilities (including, without limitation, reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any LoveThrive™ product, program, or service; (c) any loss of, or disclosure of, information gained from your use of the Site or any LoveThrive™ product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that LoveThrive™ as your agent violated any such laws); (e) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer or Third Party, including without limitation any actions related to screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of LoveThrive™ products and services, such as, but not limited to: facilitating your sourcing activities or tracking the conversion rates of job seekers through to job applicants. This defense and indemnification obligation will survive this Agreement and your use of the Site or any LoveThrive™ product, program, or service.