Welcome, and thanks for using Radical Adventure Riders’ jobs posting platform and related products and services (the “Jobs Services”). You agree that by purchasing, signing up for, or otherwise using the Jobs Services, you are entering into a legal binding agreement (even if you are using the Jobs Services on behalf of a company). The Jobs Services allows your postings to be served on properties of Radical Adventure Riders and enabled third parties (collectively, “Properties”), e.g., websites and mobile applications. The Jobs Services allows postings to be targeted to Radical Adventure Riders members based on non-personally identifiable criteria (e.g., company, industry, job function, and website URL).
1. Agreement
These Jobs Terms and Conditions apply to the access and use of the Jobs Services. Additional terms may apply to specific features of the Jobs Services, and such terms will be presented when you engage with such features. To the extent of any conflict between different agreements that you have with Radical Adventure Riders, these Jobs Terms and Conditions and any feature-specific terms govern with respect to the use of the Jobs Services.
2. Jobs Services
The Jobs Services is designed to help you reach quality candidates for job opportunities. You are responsible for (i) all postings and content therefore submitted by or on your behalf through the Jobs Services or otherwise to Radical Adventure Riders, including but not limited to the job descriptions, creatives, trademarks, images, URLs and pixels that comprise the postings or content therefor (collectively, your “Postings”); and (ii) all content and property to which Postings may direct viewers, as well as redirects (“Destinations”).
The Jobs Services also offers the option to include a Cycling Industry Pledge “CIP” member identification to a Posting, which, for two free posts, will secure a CIP tag on the Posting on certain Radical Adventure Riders pages and emails. Radical Adventure Riders will otherwise determine the size, placement, and positioning of your Postings.
Radical Adventure Riders will serve your Postings as inventory becomes available on the Properties.
You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the Jobs Services on behalf of a business, you agree that Radical Adventure Riders may share information about your purchases and use of the Jobs Services with that business, including its representatives and agents. If that business indicates that you are no longer authorized to place ads on its behalf (e.g., if you leave that business or change roles within that business), you agree you may be removed from accounts associated with that business. You may not resell or transfer access to the Jobs Services to any other party.
Each Posting must be for one (1) job opportunity; it is not permitted for a Posting to solicit applications for more than one position.
Without limiting the prohibitions in the User Agreement or any other applicable agreement, you agree that you will not, and you will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of the Jobs Services, to:
- Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
- Create Postings that intentionally misrepresent the job, hiring company, or poster.
- Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation.
- Create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.
- Provide identifiable candidate resume or application data to any other parties.
- “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.
- Harass, stalk, or contact any applicant after they have asked not to be contacted.
- Create Postings in the United States without possessing valid Federal or State Employer Identification Numbers, if applicable, or create Postings in any other location in a manner that would not allow compliance with applicable tax and employment laws.
- Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.
- Soliciting employees by intentional misrepresentation.
- Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or country, the state or country where the job is to be performed, or the state of California.
- Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
- Engage in illegal or fraudulent conduct.
- Except as expressly authorized by Radical Adventure Riders in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the Properties.
- Except as expressly authorized by Radical Adventure Riders in writing, copy, modify or create derivative works of the Jobs Services or any related technology.
- Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Jobs Services or any device or system or breach or circumvent any security measure of Radical Adventure Riders or a third party.
Radical Adventure Riders may, in its sole discretion, modify, or terminate any part or all of the Jobs Services or suspend your ability to use the Jobs Services. Radical Adventure Riders may reject or remove any Posting at any time for any reason, regardless of whether or not such Posting was previously accepted or served.
3. Fees, Payment and Cancellation
You may be offered more than one billing option when you purchase services on the Jobs Services. You agree to pay on the basis and at the rate selected when a Posting, order, or other purchase of Jobs Services was submitted through your account (“Rate”). You also agree to pay all applicable taxes, government charges, and foreign exchange fees. Radical Adventure Riders will periodically charge your payment method at the applicable Rate. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. Radical Adventure Riders may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and you agree to reimburse us for all collection costs for overdue amounts.
4. Intellectual Property Rights and Privacy
You grant to Radical Adventure Riders a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, distribute and publish your Postings in connection with the performance of the Jobs Services (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Postings (including to grant the license above).
If you choose to provide suggestions or feedback to Radical Adventure Riders about the Jobs Services, you agree that Radical Adventure Riders can (but does not have to) use and share such feedback for any purpose without compensation to you. You may not disclose any information about Radical Adventure Riders’ pricing, metrics, member demographics, or beta features. Radical Adventure Riders’ reserves all of its intellectual property rights in the Jobs Services as further described in the User Agreement.
5. Indemnity
Notwithstanding any review or approval of any Posting by Radical Adventure Riders, you agree to indemnify Radical Adventure Riders and its affiliates (as defined in the User Agreement), and hold Radical Adventure Riders and its affiliates harmless from any damages, losses, and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims or proceedings, arising out of or related to your Postings, Destinations, use of the Jobs Services, any candidate hiring or employment decisions, and breach of these Jobs Terms and Conditions.
6. Limitation of Liability
To the fullest extent permitted by law, neither party, including its respective affiliates, will be liable to the other in connection with these Jobs Terms and Conditions for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.
Neither party, including its respective affiliates, will be liable to the other in connection with these Jobs Terms and Conditions for an amount that exceeds the greater of USD $50.00.
These limitations of liability do not apply to a party’s (i) payment; confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party’s intellectual property rights.
7. Miscellaneous
The provisions of the User Agreement relating to feature-specific terms, termination, interpretation, notice, and assignability apply to these Jobs Terms and Conditions and the Jobs Services. Neither party relies on any undertaking, promise, assurance, statement, representation, warranty, or understanding (whether in writing or not) of any person (whether a party to these Jobs Terms and Conditions or not) relating to the subject matter of these Jobs Terms and Conditions, other than as stated in these Jobs Terms and Conditions. These Jobs Terms and Conditions do not create a partnership, agency relationship, employer relationship, or joint venture between the parties.
Radical Adventure Riders may change the terms of these Jobs Terms and Conditions by notice to you (for example, by a notice displayed in the Jobs Services, email, text message or mail), and both parties agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the Jobs Services.