May 20, 2023
1. INTRODUCTION
Welcome to this website and services of Citygovjobs (“Company”, “we” or “us”). These Terms of Use (“Terms”) constitute an “Agreement” between You and Company regarding your access and use of this website at the domain of https://www.recruiters.citygovjobs.com as well as any other mobile application related or otherwise connected to https://www.recruiters.citygovjobs.com (“Site”).
This Agreement describes the terms and conditions by which you may access and use the Site and our Services as well as your obligations should you become a Subscriber, as defined below. You agree that by accessing the Site, you have read, understood, and agree to be bound by all these Terms. These Terms incorporate Company’s Privacy Policy which is available from the Site. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
2. DEFINITIONS
“User”, “Users”, “You” or “you” refers to individuals, recruiters and other entities accessing the Site or signing up for subscription based services.
“Recruiter” or “Recruiters” are individuals, independent contractors, or government entities that perform recruiting services for their employer or under contract with public agencies.
“Company” or “Citygovjobs” refers to Cary Kalscheuer, doing business as (DBA) “Citygovjobs”, located in Irvine, California. The Company may be referred to as “we”, “us”, “our”, in this Terms of Use Agreement.
“Visitor” or “Visitors” refers to individuals who access the Site that do not register for Services provided by the Company or through this website.
“Services” refer to functions performed by Company, i.e., marketing job openings, graphic arts design, and other outreach to job seekers, to promote interest in certain job openings of interest to Subscribers.
“Subscriber” refers to a Recruiter that registers to use our Services as a paying subscriber.
3. GENERAL PERMITTED USERS OF THE SITE
Visitors may browse the Site’s publicly available pages solely for the purpose of determining whether to become a Subscriber.
All Users of the Site are required to follow the terms and conditions of this Agreement or “Rules” when using the Site for their respective purpose.
4. RULES - GENERAL USER REPRESENTATIONS & PROHIBITED ACTIVITIES
By using the Site and Services, you represent and warrant that:
You have the legal capacity to comply with these Terms of Use and Site Rules;
You are not a minor;
You will not access the Site through automated or non-human means, whether through a robot, spider script or otherwise;
You will not use the Site for any unauthorized purpose;
You will not upload any invalid data, viruses, worms, or software scripts to the Site;
You will not upload or post any content that infringes any patent, trademark, trade secret, copyright, rights of privacy, or publicity, or other proprietary rights of any party;
You will not use the Site to collect or gather any information on any person, or share any personal information accessed through the Site, except for the purposes expressly permitted by Site’s Services and features;
You will not impersonate another person, attempt to hide your identity, misrepresent any entity in your use of the Site, or create more than one account;
You will not disclose or share your login credentials with any other person;
You will not perform any operation in using the Site that imposes a disproportionately large load on our network or server infrastructure as determined at our sole discretion;
You will not seek to bypass any restrictions put in place by Company that limit your access to the Site or portions of our Services which you are not permitted to use based on your subscription level or User status;
You will not attempt to interfere with the operation of the Site or compromise the Site’s integrity or security protocols;
You will not attempt to reverse engineer or decompile any Site features or functions;
Your use of the Site will not violate any applicable law or regulations;
If we disable your account, you will not create another one without our permission; and
Should you register as a Subscriber, you will keep your contact and payment information accurate and up-to-date.
5. SUBSCRIPTION SERVICES
A. Citygovjobs Services
For Recruiters that subscribe to our Services, Citygovjobs will provide the following:
(a) Citygovjobs will monitor job postings on Recruiter’s job board or LinkedIn Account and share those jobs on Cary Kalscheuer’s LinkedIn activity feed to at least 16,000 connections or followers.
(b) A “Shared Job” or “Shared Post” is referred to as (1) a “Repost” on LinkedIn when Recruiter’s LinkedIn post is “Reposted” to Cary Kalscheuer’s followers; or (2) a “New post” when the URL to the job post is copied from the Recruiter’s website or job board into a New post on Cary Kalscheuer’s LinkedIn feed.
(c) Reposts and New posts will be made with a comment like “Great Opportunity!” or “Great Opportunity at Beautiful City!” with relevant hashtags added, such as #gfoa and #mfoa for a Finance Director position to increase distribution. A link will be in the post to direct interested job seekers to the Recruiter’s website or to the job post on LinkedIn.
(d) Citygovjobs may use a URL shortener, such as Bitly.com, to link followers to full job announcements on Recruiter’s website or job board.
(e) Citygovjobs will increase or decrease the frequency or number of Shared Posts in accordance with instructions received from Recruiter to focus on some jobs more than others. However, the total number of Shared Posts per month will be limited to the Recruiter's selected Subscription Plan.
(f) Any single Shared Post that simply promotes Recruiter’s Brand and Services, i.e., not a particular job Recruitment, shall be counted as 1 Shared Post against Recruiter’s Subscription Plan.
(g) Citygovjobs will create graphic social media ads that can be used to attract more interest in Shared Posts if so requested by Recruiter. However, Citygovjobs will charge a fee of $80 for such requests. Citygovjobs will create no more than 3 samples as part of the design process for Recruiter to choose from for any single recruitment.
(h) At the request of Recruiter, Citygovjobs will query our connections to identify potential applicants, and, will send messages or emails to those that appear qualified, urging them to apply. Potential applicants would be identified based on their current job title or qualifications, residence in proximity to the job, and potentially other relevant criteria. A minimum of $70 would be charged for the query and would include up to 10 messages. Citygovjobs will send additional messages up to the limit specified by Recruiter, for $7 per message.
B. Reports/Billing
a) Citygovjobs will provide a monthly report of jobs shared, date shared, and how many views or impressions each job post received during the month.
b) Citygovjobs will charge Recruiter monthly for Recruiter Selected Subscription Plan at the time Recruiter signs up for Service and after Recruiter agrees to these Terms of Use. As noted in the Privacy Policy, Citygovjobs uses Stripe.com to process payments, protect privacy, and to allow Recruiters to manage their subscriptions from month to month.
c) Any graphic design work or query by Citygovjobs of our network to identify and send out messages to potential applicants, may be paid through Recruiter’s payment portal or added to monthly invoices or billed separately.
C. Recruiter Subscriber Acknowledgements and Obligations
Recruiters that subscribe to our Services agree to the following:
(a) Recruiter will communicate the Job Titles it wishes Citygovjobs to share on a monthly basis along with the URL(s) where the current job postings are located, or will be located (e.g., job board URL, LinkedIn feed, individual job post URL).
(b) Recruiter agrees that Citygovjobs is authorized to Share Recruiter’s job postings on Cary Kalscheuer’s LinkedIn feed with followers and that job post information, including salary and application closing date, will be accurate.
(c) Recruiter acknowledges that once Recruiter signs up for monthly services that billing will occur automatically on a monthly basis, unless Recruiter logs into their account and cancels or changes its subscription.
(d) During the Term of service, Recruiter agrees to communicate which job titles Citygovjobs is to share by using the “Job Share Form”, available from the footer on our Site at https://recruiters.citygovjobs.com, and/or by emailing the completed form or job titles to customerservice@citygovjobs.com. If no communications are received by monthly renewal date of Recruiter’s subscription, Recruiter agrees that Citygovjobs is authorized to fulfill Recruiter’s Subscription by selecting which jobs to share from Recruiter’s job board or other URLs.
(e) Citygovjobs uses an “estimate” of 1,500 impressions or views per Shared Job for forecasting purposes and to compare the value of different Subscription Plans, i.e., on a “cost per job view” basis. However, Recruiter acknowledges that the number of impressions or views that a “Shared Job” gets can vary significantly based on a number of factors, including the day and time the post is made, the “job title”, the location of the job, hashtags, Likes, and graphics used. Recruiter acknowledges that if the actual view counts are less than 1,500 per Shared Job, that Citygovjobs in under no obligation to post more Shared Jobs to make up for the shortfall.
(f) If Recruiter desires to have Citygovjobs create a social media graphic to highlight the Shared Post, Recruiter agrees to give Citygovjobs at least 3 business days to design such graphics along with any instructions and graphic files (photos, logos, city seals). Requests should be sent to abby@citygovjobs.com. Recruiter agrees that Citygovjobs is authorized to use any city seals, company logos or other graphics for such purposes.
(g) If Recruiter orders any social media ads from Citygovjobs to boost impressions or job views, Recruiter agrees to pay Citygovjobs $80 per graphic ad used for such purposes. Posts that make use of photos with no text may be discounted.
(h) If Recruiter desires Citygovjobs to query it’s connections and send messages to potential applicants urging them to apply, Recruiter shall send an email to cary@citygovjobs.com to make such request and include reference to the job title, City or employer agency name, key qualifications, closing date for applications, and the upper limit of “how many” messages Citygovjobs is authorized to send out to potential applicants. By sending such a request, Recruiter agrees to pay Citygovjobs $70 the query and up to 10 messages, as well as $7 for each additional message, up to the limit specified by the Recruiter.
D. Subscriptions Generally and Plan Changes
Citygovjobs’ Services are subscription based and require users to select a paid subscription plan, enter payment information, and complete the registration process to start a subscription.
The “Term” of Service for Subscribers is on a rolling “monthly” basis as the Recruiter’s subscription automatically renews unless canceled or modified by Subscriber. Any Service or billing concerns may be communicated by email to customerservice@citygovjobs.com.
To commence Services, Citygovjobs needs to know which jobs to share. Recruiters that sign up for a Subscription are urged to review and use the Job Sharing Request form that is made available after registering or that may be accessed from our Homepage.
All fees for Service are exclusive of any local government business taxes or license fees. Recruiters that are government entities and require such fees to be paid, agree to pay these fees following billing by Citygovjobs.
Payments and Subscription Plan Changes
Payments made by Subscribers must be made using a credit or debit card or other electronic means allowed by our process, Stripe.com. Subscription plans will automatically renew for recurring periods at the interval for the respective subscription plan you select (e.g., every 30 days). You agree to provide accurate and complete payment information and to keep such information up-to-date during your subscription to enable recurring payments. Invoices reflecting payments are provided with Services and are accessed from your account payment portal. You may printout or save the invoices to your computer for your own record.
Payments for Upgrades
Recruiters that upgrade from one monthly plan to another paid plan agree that the service features of the upgraded plan selected will go into effect immediately, and that the User will be billed and required to pay the full amount for the upgraded plan on the date of the upgrade. User agrees that the date of the upgrade will be the new monthly or annual bill date for recurring payments. Users that upgrade their monthly plan will receive a credit for the unused portion of their pre-paid plan at the time of the upgrade. The unused portion or credit on a User’s pre-paid plan will be calculated on “pro-rata” basis.
Users acknowledge and agree that there are no credits, discounts or refunds allowed when Users change from one paid subscription plan to lower level paid plan. The Services and billing amount included in the downgraded plan will go into effect following the expiration date of your current plan.
Canceling Service / No Refunds
You may cancel your paid subscription at any time by logging in to your payment portal and canceling. You may also cancel by emailing Company at customerservice@citygovjobs.com with subject line, “Cancel My Service”. If you are signed up for an automatic paid subscription, your service will continue until the end of your paid subscription term and you agree that you will not receive a refund for any pre-paid amounts for early cancellation. In the event that Company cancels or terminates your service due to a violation of the Terms of Use, you agree and accept that your account will not receive a refund for any unused subscription term remaining after the date your account is terminated.
6. SITE MAINTENANCE AND USER DATA AND CONTENT
We cannot guarantee the Site will always be available. We or the service providers we use may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss of data, User Content, or inconvenience caused by your inability to access or use the Site during any downtime of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
7. THIRD-PARTY WEBSITES AND CONTENT
You acknowledge and agree that Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, or available through the Site. Inclusion of, linking to, or permitting the use of any Third-Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or use any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate to from Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
8. INFRINGING OR ILLEGAL CONTENT
We respect the intellectual property rights of others, and it is our policy to respond to any claim that Content posted on the Site infringes on the intellectual property rights ("Infringement") of any person or entity.
If you believe in good faith that any content on the Services is illegal or infringes your or a third party's right or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at customerservice@citygovjobs.com.
Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.
9. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site or have a subscription with us or an active user account. You may terminate your account by canceling your subscription at any time.
Company reserves the right to suspend or terminate your account and/or your access to Services at any time without notice to you if we believe your use of Services has violated Terms of Use Agreement. Upon termination, all provisions of Terms of Use Agreement shall remain in effect except for those terms relating to and granting you permission to access and use Services.
10. LIMITATIONS OF LIABILITY
You understand and agree that the Company shall not be responsible or liable for any loss or damage resulting from your use of the Site or the Services. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOST GOODWILL, LOST BUSINESS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EITHER DIRECTLY OR INDIRECTLY, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, AS A RESULT OF (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE OR THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERNATION OF YOUR TRANSMISSIONS OR CONTENT, or (v) A BREACH OF ANY WARRANTY OR ANY OTHER TERM OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. YOUR ONLY OTHER REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE, OR THESE TERMS, IS TO DISCONTINUE USING THE SITE AND THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. DISCLAIMER
YOU ASSUME RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SERVICES AND THE SITE. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. CHANGES TO TERMS / DISCONTINUATION OF SERVICES
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Amended or updated Terms of Use Agreement(s) will be posted on the Site and is hereby expressly incorporated herein by reference. We will alert you about any changes by updating the "Last updated" date of these amended, restated or revised Terms of Use Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use Agreement by your continued use of the Site after the date such revised Terms of Use are posted.
We reserve the right to take this Site offline or cancel our entire Services at any time. Any paying Users will be refunded for any unused portion of their Service if this Site is discontinued.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
14. OTHER TERMS
A. Pricing Changes. Subscription Pricing may be amended from time to time. Any changes will be communicated by email in advance of the Subscriber’s automated billing renewal, and if deemed unacceptable, the Subscriber may cancel service.
B. Intellectual Property. With the exception of content owned by, or license from, third parties, the Site is Company’s proprietary property and all source code, databases, functionality, software, website designs, graphics, video, photographs and text posted on the Site by Company (collectively, the "Content") including the trademarks, service marks, and logos of Company’s (the "Marks") are owned or controlled by Company or licensed to us, and are protected by copyright, trademark and patent laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site "AS IS" for your information and personal or permitted use. Except as expressly provided in this Terms of Use Agreement or through the Site’s design or functions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Company’s express prior written permission.
C. Governing Law. This Agreement shall be governed by the laws of the United States and the State of California, without reference to conflicts of law principles. The Terms hereof shall be deemed to have been executed and performed in the State of California, and shall be exclusively governed by, construed and interpreted in accordance with the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect and performance, excluding choice of law principles of such State as may require application of the laws of another jurisdiction.
D. Non Waiver. The failure of the Company to enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.
E. Severability. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
F. Entire Understanding. These Terms set forth the entire understanding and agreement between you and Company with respect to the subject matter contained herein, and supersedes any prior written or oral agreements or understandings.
© Citygovjobs. 2023