BuildWitt Media Group, LLC
Last Updated: July 21, 2023
By using the Site, you are acknowledging that you are an individual searching for employment openings (a “Job Applicant”), or you are acting on behalf of an organization seeking human resources or seeking to hire a Job Applicant (“Employer”). When you access the Site as an Employer, you represent and warrant that you have the authority to bind the Employer, and your account is solely for business use. You, whether you are using the Site as a Job Applicant or Employer, acknowledge and agree that your license to use the Site is revoked upon your attempt to use the Site for any other purpose other than described within this Agreement.
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years of age or older.
As an Employer, BuildWitt Jobs may charge you for services in conjunction with using the Site, including but not limited to, accessing the Job Applicant’s job applications and posting job listings on the Site. We may assess and collect from you: fees, surcharges, or other supplemental payment required of or imposed on BuildWitt Jobs by any governmental, regulatory, or financial institution or entity. You may make payments for purchases made through the Site to BuildWitt Jobs by various methods, which may include bank wire, ACH (electronic bank) transfer, electronic fund transfer, valid credit card, or by using Stripe. BuildWitt Jobs reserves the right to expand or limit its payment options.
In conjunction with each payment you make to through the use of the Site, or which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid Stripe account and credit card information). Further, you understand and agree that any declined payment may lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees owed as a result of your use of the Site and that BuildWitt Jobs is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.
Your debit or credit card on file will be charged monthly or annually based on the terms of your subscription. If you would like to see your payment history, please log into your account. You may access it from within your member profile by going to “My Account,” then “Invoices”.
All fees paid to BuildWitt Jobs or otherwise associated with your use of the Site are non-refundable.
To further the integrity of the services provided through the Site or otherwise, all users, whether an Employer or Job Applicant, are limited to one account per person or entity. Similarly, all companies are limited to one account per company. Users who violate this policy may have all of their accounts suspended or terminated.
Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
You, whether an Employer or Job Applicant, are responsible for maintaining the security of your BuildWitt Jobs Site account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your BuildWitt Jobs Site account. You also agree that BuildWitt Jobs is not responsible for any unauthorized use of your BuildWitt Jobs Site account or unauthorized payment methods. You may not share your login information with anyone. Other than for purposes of logging into you Site account, BuildWitt Job will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact BuildWitt Jobs
You further agree to promptly notify BuildWitt Jobs of any security breach relating to your Site account. Such notices should be sent to [email protected].
BuildWitt Jobs encourages all Site users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords and preventing the disclosure of passwords to any third parties.
You agree that all information you provide through the Site or otherwise to BuildWitt Jobs is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to [email protected], or may be made directly on your account profile.
Failure to provide such updated information will constitute a material breach of the terms of these TOU and may lead to the suspension or termination of your account.
BuildWitt Jobs may make available postings for jobs by Employer (“Job Listings”, “Job Postings”, or “Job Ads”) advertising employment opportunities and similar employment-related content. You, as an Employer, understand that BuildWitt Jobs has no obligation to present you with any or all Job Applicants. By using the Site, you understand that creating an account and paying for the Services does not guarantee that you will find a Job Applicant to fill your role. We cannot confirm the accuracy or completeness of any Job Applicant’s resume, information, or other information submitted by any Job Applicant or other user. BuildWitt jobs assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings, or other information submitted by a Job Applicant, or any other user. Job Postings will expire and may be deleted after one-year from the expiration of the job. If you wish to maintain a job posting after the expiration date, you may update the Job Posting, which will provide you with another one year before the subsequent job posting may be deleted.
b) Using the Site to search for Job Applicants
You acknowledge that by searching for a Job Applicant on the Site, you, as the Employer, are solely responsible for reviewing and confirming the accuracy of the information supplied, including, that the information supplied meets your hiring criteria. By using the Site, you agree that BuildWitt Jobs is not responsible for the content of the Job Applicant’s job application, requirements, questions, assessments, skills, and format of information supplied. You understand that you are solely responsible for compliance with all applicable laws, including but not limited to, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and any applicable privacy or data laws. You understand and agree that you, as an Employer, are responsible for ensuring that the Job Posting requirements are in compliance with the applicable law.
You agree that all information you provide through the Site or otherwise to BuildWitt Jobs is true, current, complete, and accurate. You also agree that you will update your information as needed to keep it true, current, complete, and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to [email protected], or may be made directly on your account profile.
Failure to provide such updated information will constitute a material breach of the terms of these TOU and may lead to the suspension or termination of your account. If you have not utilized your account for twelve (12) or more months, we may delist or otherwise delete your resume from the view of prospective employers within the job applicant section of the Site. You may choose to repost your resume if you wish. As a Job Applicant, it is your sole responsibility to keep your resume and personal information up to date.
a) Job Postings
BuildWitt Jobs may make available postings for jobs by Employer (“Job Listings”, “Job Postings”, or “Job Ads”) advertising employment opportunities and similar employment-related content. You, as a Job Applicant, understand that BuildWitt Jobs has no obligation to present you with any or all Job Postings. We cannot confirm the accuracy or completeness of any Job Posting or other information submitted by any Employer or any other user. BuildWitt jobs assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listings, or other information submitted by an Employer or any other user.
b) Applying for Jobs
You acknowledge that by applying for a job through the Site, you are solely responsible for reviewing and confirming the accuracy of the information supplied, including, that you are applying to the Employer you desire, and the accuracy of your information supplied. By applying through the Site, you agree that BuildWitt Jobs is not responsible for the content of the Employer’s job application, requirements, questions, assessments, skills, and format. You understand that Employers are solely responsible for compliance with all applicable laws, including but not limited to, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and any applicable privacy or data laws. By applying to a Job Posting or submitting your resume and personal information to Employer, you are authorizing us to make available your information to the Employer(s). It is your responsibility to review your resume and personal information supplied, to ensure it is accurate and that it includes only information you want to provide to Employer. If you see an inaccuracy in any such material, it is solely your responsibility to correct such information on your account.
Code of Conduct
You will not use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
You will comply with all applicable laws, including, but not limited to, regulatory laws, privacy laws, intellectual property laws, anti-spam laws, and tax laws;
You will not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
You will not create a false identity on the Site, whether for an Employer or Job Applicant;
You will only disclose information that you have consent to disclose;
You will not use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
You will not use any metatags or any other “hidden text” utilizing any part of the Site or BuildWitt Jobs’ name, service or trademarks or trade dress without the express written consent of BuildWitt Jobs;
You will use your real name on your profile;
You will use the services in a professional manner;
You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
You will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
You will not upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
You will not use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
You will not harvest or otherwise collect information about others, including but not limited to e-mail addresses;
You will not use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
You will not direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
You will not use the Site, or any Site services or tools if you are not able to form legally binding contracts;
You will not attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
You will not attempt to reverse engineer or reconstruct any portion of the Site;
You will not fail to abide by, or breach, the Site’s or third-party vendor’s, terms of service or any other policies applicable to the Site;
You will not share your login information or allow third parties to utilize your login information to access any part of the Site; or
You will not engage in any acts or omissions that BuildWitt Jobs believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to BuildWitt Jobs you will adhere to all applicable State and Federal laws and regulations.
You agree that the Site may use third-party vendors, including, but not limited to Stripe for processing the payments; Zapier for integrating and automating business systems; Smartjobboard as the platform to host BuildWitt Jobs; HubSpot for the customer relationship management tool; LinkedIn for single sign-on accessibility; LinkedIn Pixel for retargeting and advertisements; Meta for retargeting and advertisements; Hotjar for website engagement and survey tools; Google Analytics for website analytics; and AHREF for search engine optimization and website health. You agree to abide by and follow the terms of service or any other policies applicable to the Vendor Terms of Service and Privacy Policies.
By using the Site or any Site services, whether as an Employer or Job Applicant, you consent to BuildWitt Jobs using your name and business name in advertising and promotional materials related to Site services.
BuildWitt Jobs reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. BuildWitt Jobs will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.
BuildWitt Jobs is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of BuildWitt Jobs’ control.
You agree that we hold all right, title and interest to all services, its websites and information and technology used to provide the Website and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.
All content including but not limited to text, graphics, downloads and software included on this site is the property of BuildWitt Jobs or its licensors and is protected by United States and international copyright laws.
You also grant BuildWitt Jobs a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us. Such information will be used solely by us in conjunction with marketing the Website and its services.
BUILDWITT JOBS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF BUILDWITT JOBS, BUILDWITT JOBS DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. BUILDWITT JOBS DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF BUILDWITT JOBS, BUILDWITT JOBS PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH BUILDWITT JOBS.
BUILDWITT JOBS DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. BUILDWITT JOBS IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
The Site is intended for information purposes only. When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor BuildWitt Jobs shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, BuildWitt Jobs provides email support for Site customers. Support can be reached by sending an email to [email protected]. BuildWitt Jobs attempts to respond to customer inquiries within two (2) business days.
You agree that BuildWitt Jobs shall have the right to participate in the defense of any claim asserted against BuildWitt Jobs or involving the Site. You also agree that BuildWitt Jobs shall be entitled to retain a counsel of BuildWitt Jobs own choosing at your cost. You further agree to notify BuildWitt Jobs of your knowledge of any claim against BuildWitt Jobs or involving the Site. You agree to cooperate fully with BuildWitt Jobs during such proceedings.
If you provided payment information to BuildWitt Jobs and sums are due and owing from you to BuildWitt Jobs and you are in default of your obligations under these TOU, you authorize BuildWitt Jobs to deduct any sums due and owing from your payment source(s) so long as BuildWitt Jobs provides you with notice of your default and you failed to cure the default under the terms and conditions of these TOU.
BuildWitt Jobs, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will BuildWitt Jobs be liable to you for your failure to retain necessary records, nor will BuildWitt Jobs’ retention or non-retention of records act to alleviate your duty under the law.
Notices that you send to us must be delivered via first class mail to the following address:
1400 Adams St Ste 202
Nashville, TN 37208
You may also send us notices via e-mail to: [email protected] so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date.
All purchases made through the Site are deemed made within the State of Tennessee.
Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by BuildWitt Jobs must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOU.
You agree that as a material provision of these TOU, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOU and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.
Except as otherwise expressly provided herein, nothing in these TOU is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Except as otherwise expressly provided herein, these TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by BuildWitt Jobs in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, BuildWitt Jobs’ election to not assert its rights under these TOU shall not preclude BuildWitt Jobs from asserting its rights in the future.
If BuildWitt Jobs prevails in any action, suit, or proceeding arising from or based upon these TOU, BuildWitt Jobs shall be entitled to recover its reasonable attorneys' fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in these TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
1400 Adams St Ste 202, Nashville, TN 37208