Privacy Policy

Cookie Policy

By using or accessing the Website, you are consenting to Progressive Multiplier use of Cookies as follows:

This policy helps to explain the occasions when and why cookies may be sent to visitors to the Website (referred to in this policy as “we”, “us” or “our”). “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for the purpose of record keeping to enable the Website to remember important information to make your use of the Website more convenient. Cookies often contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. The purpose of the use of cookies on our site include:

Your Preferences: We use Cookies to store certain user preferences on our Website.
Analytical Purposes: We use Cookies to analyze user activity in order to improve the Website.
Marketing: We use Cookies from third-party partners such as Google for marketing purposes.
Referral Tracking: We use Cookies to associate user activity with the third party website that referred the user to our Website, or to associate user activity that Progressive Multiplier referred to a third party website.

Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.

Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your Progressive Multiplier web experience. We may associate personal information with a cookie file in those instances. You can use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser.

Progressive Multiplier may also provide an employer or third party marketer with code for a Conversion Tracker to place on its website that tracks whenever a job seeker has applied to a job on that website. This Conversion Tracker will attribute an application to Progressive Multiplier any time the job seeker started their search on Progressive Multiplier , despite any intervening activity. Progressive Multiplier does not and cannot collect any of the job seeker’s personally identifiable information and does not have access to the cookies in the employer’s domain. The Conversion Tracker is simply a counter that notifies Progressive Multiplier that a job seeker has applied. If a jobseeker has disabled the web beacon, the Conversion Tracker will have no functionality.

Progressive Multiplier uses the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. Progressive Multiplier and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Website. This means that vendors including Google will display Progressive Multiplier promotional material on other sites you visit across the Internet.

You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.

Progressive Multiplier marketing service providers. If you do not want Progressive Multiplier and its marketing services providers to follow your usage of our services via cookies and Web beacons, and to learn more about these providers and their privacy policies, please visit each site: Facebook, and Twitter. Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns.

When you use our Progressive Multiplier, you consent to receiving cookies from Zendesk, as set forth in their cookie policy. Progressive Multiplier may update this list periodically to include other marketing services providers.

Changes To Our Cookie Policy

From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.

Privacy Policy

Introduction

Progressive Multiplier values the trust our users place in us when they give us access to their Personal Information. The Privacy Policy describes how we work to maintain that trust and protect that information.

Progressive Multiplier has created this Privacy Policy in order to describe its collection, use and disclosure of personal data you give to Progressive Multiplier when you access or use Progressive Multiplier online and/or mobile services and websites, and software provided by Progressive Multiplier on or in connection with such services or websites (collectively, the “Site”). “Progressive Multiplier” or “we” means Progressive Multiplier.

This Privacy Policy covers only data that we collect through the Site, and not any other data collection or processing, including, without limitation, the data collection practices of any affiliate or other third party, including any third-party operators of web pages to which the Site links, and any information that we collect offline or through any websites, products, or services that do not display a direct link to this Privacy Policy. Occasionally, we may refer to this Privacy Policy in notices and consent requests related to special purpose web pages, mobile applications, or other resources, for example, if we invite you to submit ideas to improve the Site; under such circumstances, this Privacy Policy applies to information collected by us through such special purpose resources, as modified in the particular notice or consent request (e.g., with respect to the types of data collected or our uses or disclosures of such information) Progressive Multiplier may amend this Privacy Policy at any time. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. By using the Site or providing information to us following such changes, you will have accepted the amended Privacy Policy. If Progressive Multiplier is going to use Personal Information (as defined below) collected through the Site in a manner materially different from that stated at the time of collection, then Progressive Multiplier will notify users via email and/or by posting a notice onProgressive Multiplier Site for 30 days prior to such use or by other means as required by law.

Information Collected

When you create a Progressive Multiplier account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, apply for a job, upload content or otherwise actively send us data on our Site, we collect such data including, but not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, age, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). If you use any automated phone screening product, Progressive Multiplier will record and store your answers to an Employer’s screening questions and will forward your answers to the Employer. You consent to Progressive Multiplier listening to and analyzing the recording in accordance with this Privacy Policy. In each such instance above, you will know what data we collect through the Site, because you actively submit it.

In addition, as part of the standard operation of the Site, Progressive Multiplier may automatically collect and analyze information from your computer or mobile device, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site with your mobile device, the type of mobile device. In addition, we may automatically record and analyze actions taken on the Site including, but not limited to, date and times of use, clicks, page views, the amount of time you spend on each page, and search queries. Progressive Multiplier reserves the right to match your IP address (or any other information) with other information about you in any way permitted by applicable law. Progressive Multiplier will store this information on its equipment or the equipment of third parties that Progressive Multiplier has a relationship with for that purpose. If you create a Progressive Multiplier account, information may be collected under your account email address.

If you access or use the Site on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. Progressive Multiplier may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geolocation or email address. We may also access your contacts to enable you to invite friends to join you in the Site.

Limitation of Use or Disclosure of Personal Data

When a Job Seeker deletes an account, the Job Seeker will no longer have access to any of the data which we provided under that account name, including but not limited to, search history, job search preferences, saved jobs, jobs the Job Seeker has applied to, job alerts, resume, and any other data associated with the account. If the Job Seeker uses the same email address to set up a new account, this data will not become available to the Job Seeker again. Progressive Multiplier reserves the right to keep any materials in a deleted account as necessary to preserve and protect its rights as allowed by law (for example, to preserve records of a dispute) or to comply with its obligations under local law (for example, requirements to keep applications and personnel files to comply with local laws). A deleted account does not mean that all of the data is expunged from the Progressive Multiplier systems, although it will not be readily available under the Job Seeker’s original account name. When the Job Seeker presses the delete account button on the dashboard, Progressive Multiplier will begin to process that instruction within 24 hours and will have completed the operation within 40 days.

Uses and Disclosures of Information

We may use any information collected pursuant to this Privacy Policy, including information that identifies you as a specific individual (“Personal Information”), for the purposes set forth in this Paragraph 4 and Paragraphs 5, 6, and 10 below. Progressive Multiplier uses such information to provide our services and features to you, including to provide employer information to you, to measure and improve those services and features, and to provide you with customer support.

For example, Progressive Multiplier uses your previous search and browsing history (e.g. the jobs you click on) to determine relevant search results and provide you with recommended jobs. Progressive Multiplier may also provide information collected pursuant to this Privacy Policy, including Personal Information, to employers that may be interested in contacting you. By applying to a job, providing your contact information to show interest in a job, or by replying to a message from an employer, you consent to the disclosure of your information to that employer and other employers on the site.

Progressive Multiplier may also use information collected pursuant to this Privacy Policy to prevent potentially illegal activities and activities that are detrimental to you or others.Progressive Multiplier may investigate and disclose information from or about you or your use of Progressive Multiplier if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process (including subpoenas, search warrants, court orders) and law enforcement instructions and orders; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the use of the Site; or (c) may protect our rights, reputation, property, safety, or that of the public; or (d) as necessary to meet national security requirements. Progressive Multiplier is subject to the investigatory and enforcement powers of the Federal Trade Commission or other investigatory bodies of the United States.

We may use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users. We monitor, review, store and analyze your content (including your resumes, cover letters, applications, messages, responses, offer letters and other materials) that you send, store or receive, including via automated means and otherwise, for data analysis, quality control, and to refine the Site or any other Progressive Multiplier product or service (including to provide better search results and other listings for job seekers and employers, provide you with personally relevant product features, and to prevent fraud and reduce unwanted mail).

Any information shared by you with Progressive Multiplier may be shared with or transferred to any Progressive Multiplier affiliated entity, no matter where located, for the purpose of providing you services and improving the Site. By using the Site, you consent to this transfer and acknowledge that the services provided to you and the functionality of the Site could not be provided without such a transfer. If you do not wish your information to be transferred in this way you should not use this Site.

Transfer of Data to Third Parties

We may use other companies, including affiliates and third parties, to perform services in connection with our operations, and to improve the Site and our other products and services. These third parties may include (but are not limited to) service providers and vendors.

In the course of providing these services, those companies may have access to Personal Information, and such Personal Information may be transferred to other countries. Those companies are contractually required to treat such Personal Information in accordance with this Privacy Policy. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. Please see paragraph 11 for liabilities related to the transfer of Personal Data for EU Residents.

You may also use certain third-party sites or services that you link to from Progressive Multiplier’s Site. In such cases, all information you provide to a third party is provided to that third party and not to Progressive Multiplier, and is subject to the third party’s privacy policy and terms of service. Please see the section below titled Links to Third-Party Sites for more information.

Progressive Multiplier may use your IP address and mobile device information to help diagnose problems with Progressive Multiplier service and to administer the Site. Your IP address and mobile device information may also be used to help identify you, your location, and your online profile and to gather broad demographic information (such as country of origin). Progressive Multiplier may maintain (as permitted by applicable law) information collected from you pursuant to this Privacy Policy following any termination of your relationship with Progressive Multiplier. Progressive Multiplier may also delete such information as permitted by applicable law. If you provide credit, debit or other payment card and related details to us in order to make a payment, Progressive Multiplier will use such information only for the purpose of processing the payment. Progressive Multiplier may also aggregate your data with other data, for the purposes set forth above.

Contact and Personal Information

When you give Progressive Multiplier contact information (such as your name and email address) and demographic information, you agree that Progressive Multiplier may utilize this information as set forth herein. You agree that Progressive Multiplier and any company offering employment on the Website may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Progressive Multiplier account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Progressive Multiplier or that Progressive Multiplier may otherwise obtain from third-party resources. If and to the extent permitted by applicable law, Progressive Multiplier or its designated third-party partners may also use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you information about Progressive Multiplier, including promotional materials. Progressive Multiplier may use demographic and/or profile data to tailor your experience on the Site, show you content that Progressive Multiplier thinks you may be interested in, and display content according to your preferences. Your information, including Personal Information, gets placed on the Site when you upload or edit a resume. To the extent you upload a resume or edit it, and subject to your Privacy Settings, you are making the resume, your name and other Personal Information that you place on your resume available to third parties who may be interested in you as an employee (and who may forward your resume and Personal Information to other third parties), to Job Seekers who may want to contact you, to search engines, or to the general public by posting your Personal Information on the internet.

You acknowledge that Progressive Multiplier may determine whether the words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice versa, in order to improve the Site or any other Progressive Multiplier product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to job seekers and employers). If you post a public resume, this may be crawled by, and displayed through, search engines when someone searches for your name. This means that third parties can view the Personal Information contained in your resume and you may receive unsolicited contact from parties unaffiliated with Progressive Multiplier and for whom Progressive Multiplier has no responsibility. If you do not want your Personal Information posted on the Site, you should not upload it. You may opt out of this feature on a going forward basis by editing your Privacy Settings; however, Progressive Multiplier does not warrant how often third-party search engines will update their caches, which may continue to contain your resume information. Progressive Multiplier reserves the right to charge third parties a fee for accessing your information, including Personal Information, as part of Progressive Multiplier’s services. At your direction, Progressive Multiplier may also send your resume to third parties if you choose to apply for a job listing.

Additional Uses and Disclosures of Non-Personal Information

In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, we may use and disclosure, for any purpose, any information that does not identify you as a specific individual (“Non-Personal Information”), except where we are required to do otherwise under applicable law. Such Non-Personal Information may include, for example and without limitation: MAC addresses and other device identifiers; IP addresses; pixel tags and similar technologies; physical location information; and demographic information, including gender, dates of birth, ZIP codes, etc. Non-Personal Information may also include Personal Information that has been aggregated or deidentified. If we combine any Non-Personal Information with Personal Information (such as combining your ZIP code with your name), then we will only use and disclose such combined information for the purposes described in this Paragraph 6 and Paragraphs 4, 5 and 10 of this Privacy Policy while it is so combined. If we are required to treat Non-Personal Information as Personal Information under applicable law, then we may use and disclose it for all the purposes for which we use and disclose Personal Information.

Security

Progressive Multiplier seeks to use reasonable security measures to help protect against the loss, misuse and alteration of the Personal Information under Progressive Multiplier’s control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users, are not encrypted. We strongly advise you not to communicate any confidential or sensitive information through these means. Therefore, while we strive to protect your information, we cannot guarantee its security. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage, surveys and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. Please see paragraph 11 for liabilities pertaining to the transfer of personal data for EU Residents.

Links to Third-Party Sites

The Site may make available links to other websites. When you click on such links, you may leave our Site. The Site may also make available Company Pages, which may contain information provided by third-party Employers. WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE.

Acquisitions and Other Reorganizations

Information collected pursuant to this Privacy Policy, including Personal Information, may be disclosed to one or more third parties in connection with any change of ownership or control in Progressive Multiplier’s business (whether by merger, sale, or otherwise), or any other reorganization or joint venture, or assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding), and any such information may be used by such third party in accordance with this Privacy Policy.

Personal Data for EU Residents

The following section pertains to users who are located in the European Union. Progressive Multiplier Inc. serves as a subprocessor of data for Progressive Multiplier Ireland. Progressive Multiplier Inc. complies with the EUUS Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Progressive Multiplier has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visithttps://www.privacyshield.gov/.

In the context of an onward transfer of data to a third party, a Privacy Shield organization has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Progressive Multiplier shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless Progressive Multiplier proves that it is not responsible for the event giving rise to the damage.

Residents of the European Economic Area have a right of access to their data. Job Seekers are able to access and update their resume data through the resume portion of Progressive Multiplier’s site. If you wish Progressive Multiplier to access and edit such data on your behalf, please send a certified letter to the above address with a copy of your passport or national identity card (for identity verification purposes) and the same will be provided to you. There may be a charge for such a request (which will not be higher than applicable law permits). European Economic Area and Switzerland residents also have a right, if their personal data is inaccurate, of rectification, erasure or blocking of such inaccurate personal data. You may edit your resume free of charge (if there is an inaccuracy or otherwise), by following procedures set forth on the Site. If your personal data is inaccurate, you may alternatively request Progressive Multiplier to rectify, erase or block the data by sending a certified letter, with a copy of your passport or national identity card (for identity verification purposes), to the above address with the exact nature of the requested action.

Do Not Track Requests

We do not respond to the browser “Do Not Track” (DNT) signal if enabled by the user in their web browser. When we set or read cookies on non-Progressive Multiplier sites that have integrated our job search and display features, we do so, for example, to provide a personalized job search experience to users on those sites. We do not share any information about your use of Progressive Multiplier with those third parties. When third parties that we have integrated into Progressive Multiplier sites (as described in the Progressive Multiplier Cookie Policy) set or read their own third-party cookies, they may or may not respond to the DNT signal.

Opting Out

If you no longer want to receive promotional materials from us based upon your Personal Information, going forward, you may opt out of receiving such marketing related messages by sending an email to info @ progressivemultiplier.fund (remove spaces when sending email). Please note that we may still send other messages to you, such as administrative messages. We will try to comply with your request as soon as reasonably practicable.

Independent Dispute Resolution

In compliance with the EUUS Privacy Shield Principles, Progressive Multiplier commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact Progressive Multiplier at: Progressive Multiplier, 714 G St. SE, Suite 202, Washington, DC 20003 USA, or by emailing support @ Membership Drive .com (remove spaces when sending email). Progressive Multiplier has further committed to refer unresolved privacy complaints under the EUUS Privacy Shield Principles BBB EU PRIVACY SHIELD, a nonprofit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EUprivacyshield/foreuconsumers/ for more information and to file a complaint.

There may be a possibility, under certain limited conditions, for EU individuals to invoke binding arbitration before the Privacy Shield Panel.

General Inquiries and Complaints

You may contact Progressive Multiplier, Inc. at 714 G St. SE, Suite 202, Washington, DC 20003 USA, or by emailing support @ Membership Drive .com.

Progressive Multiplier Terms of Service Introduction

When you access or use Progressive Multiplier’s online and/or mobile services and websites, including any Progressive Multiplier mobile application (collectively the “Progressive Multiplier Apps”) regardless of where it is downloaded from, and any software provided by or on behalf of Progressive Multiplier on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, the Progressive Multiplier Resume Program (otherwise referred to as the Progressive Multiplier CV Program in certain countries), Progressive Multiplier Targeted Ads, Progressive Multiplier Apply, or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”).

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Progressive Multiplier through the Site, or otherwise made available to you by Progressive Multiplier. For all other uses of the Site, you are agreeing to be bound by the Progressive Multiplier General Terms of Service.

Progressive Multiplier General Terms of Service

The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.
Job Descriptions

Progressive Multiplier may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Descriptions” or “Job Ads”), through Progressive Multiplier’s search results or otherwise through the Site. Job Descriptions are created and provided by third parties over whom Progressive Multiplier exercises no control; you acknowledge and understand that we have no control over Job Descriptions. Except for certain sponsored, featured or paid placements, the Job Descriptions contained on, or linked from, the Site are indexed or posted in an automated manner. Progressive Multiplier does not have any obligation to screen any Job Description, or to include any Job Description in its search results or other listings, and may exclude or remove any Job Description from the Site for any or no reason. We cannot confirm the accuracy or completeness or any Job Description or other information submitted by any employer or other user, including the identity of such employer or other user. Progressive Multiplier assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Description. You agree that Progressive Multiplier may also provide search options to narrow down Job Description search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Progressive Multiplier, and are not a direct reflection of the actual Job Description.

1(a) If you are a Job Seeker, any resume or application information that you submit through the Site is subject to this Agreement (including Section 4 below) and to Progressive Multiplier’s Privacy Policy. Without limiting the foregoing, however, please note that by creating a public Progressive Multiplier Resume or job application through the Site, you are requesting and authorizing Progressive Multiplier to make available your resume to any Employer that Progressive Multiplier believes may have an interest in your resume or job application. By creating or uploading a Progressive Multiplier Resume, Progressive Multiplier may contact you to share Job Descriptions with you that match the contents of your Progressive Multiplier Resume. In addition, when you indicate your interest in a Job Description through Progressive Multiplier Apply (hereinafter, all references on the Site to “Apply Now”, “Apply”, or “Apply from your phone” are referred to as “Progressive Multiplier Apply”) you are sending your resume and application information to Progressive Multiplier, and requesting and authorizing Progressive Multiplier to make available that information to the applicable Employer(s) for such Job Description(s). When you ask Progressive Multiplier to transmit an application or an email to an Employer via Progressive Multiplier Apply or Progressive Multiplier’s email relay system, you understand that this is without warranty. Progressive Multiplier also does not guarantee that any Employer will receive, access, read or respond to any such resume or application material, or that there will be no mistakes in the transmission of the data. However, Progressive Multiplier may alert you when any of the above events occur. In addition, by using Progressive Multiplier Apply, you agree that Progressive Multiplier is not responsible for the content of the Employer’s application form, emails, screener questions, testing assessments or their format and that Progressive Multiplier does not guarantee receipt of your application by the Employer, or your receipt of emails from the Employer. If you do not feel comfortable sending an application in this manner, do not use the Progressive Multiplier Apply function and please send your application or emails directly to the Employer by whatever other method you so choose. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Progressive Multiplier being processed and analyzed by Progressive Multiplier according to this Agreement and Progressive Multiplier’s Privacy Policy. Progressive Multiplier shall store such information regardless of whether a job vacancy has been filled. Progressive Multiplier does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations.

1(b) If you are an Employer, when you create a Progressive Multiplier account, a Career Site or post a Job Description on the Site, you agree that this Agreement and all of Progressive Multiplier’s policies, including the Progressive Multiplier Privacy Policy and Cookie Policy, apply to you and to the Job Seekers using such Career Sites or indicating an interest in such Job Descriptions. You agree that, if you do not reply to job applicants or do not have available interview times scheduled at the time a person applies for a position, that Progressive Multiplier may refer applicants to other employers. When you use Progressive Multiplier’s email functionality to communicate with candidates, you acknowledge and agree that Progressive Multiplier may add certain functions into the email, which allows you to take actions regarding the Job Seeker including setting up an interview, viewing a resume and rejecting a candidate, and that you consent to Progressive Multiplier monitoring and analyzing these actions. In addition, Progressive Multiplier may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Progressive Multiplier is not responsible for the content of your emails, application form, screener questions or their format, and Progressive Multiplier 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 of the data. You agree that Progressive Multiplier Apply is presented to you without warranty and Progressive Multiplier assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility. By using any automated phone screen product, you agree that you are requesting Progressive Multiplier 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 these questions are part of your application process, are solely determined by you, and are not being asked by Progressive Multiplier. You also agree that you are only asking Progressive Multiplier to record the Job Seeker’s answers to your screening questions and that Progressive Multiplier will forward you the recording of the answers to your questions. You consent to Progressive Multiplier listening to and analyzing the recording in accordance with Progressive Multiplier’s Privacy Policy. When you respond to or contact a Job Seeker who has used Progressive Multiplier Resume, or Progressive Multiplier Apply, you are providing information to Progressive Multiplier and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to Job Seekers’ applications and any responses sent by you (including offer letters) through Progressive Multiplier being processed and analyzed by Progressive Multiplier according to this Agreement and Progressive Multiplier’s Privacy Policy. Progressive Multiplier shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Career Sites that you create, any Job Descriptions that you post, and any messages that you send through Progressive Multiplier Apply or otherwise, including any questions for Job Seekers. You agree that Progressive Multiplier may reject or remove any Job Description, any part of any Career Site, or any questions for Job Seekers for any or no reason. You shall indemnify, defend and hold harmless Progressive Multiplier, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Career Site created by you, or any Job Description or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing).

1(c) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials (including Job Descriptions, resumes, and messages) through or using the Site, Progressive Multiplier may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Progressive Multiplier product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Site, Progressive Multiplier may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to Progressive Multiplier taking such actions. Progressive Multiplier assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, career site, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Progressive Multiplier to do so. Progressive Multiplier does not promise to correct any inaccuracy.

1(d) Regardless of whether you are an Employer or Job Seeker, Progressive Multiplier may use application materials (including resumes and responses to screener questions) to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Description, and vice-versa. Progressive Multiplier may also use the content of Job Descriptions. Regardless of whether you are an Employer or Job Seeker, you agree and consent that Progressive Multiplier may differentiate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. Progressive Multiplier may also use such information in order to improve the Site or any other Progressive Multiplier product or service (including by displaying or otherwise making available potentially relevant Job Descriptions and resumes to Job Seekers and Employers).

External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Progressive Multiplier is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

In addition, Progressive Multiplier may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Progressive Multiplier.

Site Rules

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Progressive Multiplier, unless you have been specifically allowed to do so in a separate, written agreement with Progressive Multiplier. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Progressive Multiplier, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Progressive Multiplier has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Progressive Multiplier may suffer) of any such breach.

You agree that you shall not transmit to Progressive Multiplier or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:

sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
data mining any Progressive Multiplier property;
sending messages to users who have asked not to be contacted;
selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
using Progressive Multiplier Resume contacts in violation of Progressive Multiplier policy, as determined by Progressive Multiplier, including, for example, as indicated by low response rates from those persons contacted.

Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
Conduct or forward pyramid schemes or similar programs.
Transmit content that may be harmful to minors.
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.
Violate the legal rights (such as rights of privacy and publicity) of others.
Promote or encourage illegal activity.
Interfere with other Progressive Multiplier users’ enjoyment of the Site.
Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Progressive Multiplier account.
Modify, adapt, translate, or reverse engineer any portion of the Site.
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
Reformat or frame any portion of the web pages that are part of the Site without Progressive Multiplier’s explicit written permission.
Contact other Progressive Multiplier users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Progressive Multiplier considers detrimental to its users.
Bypass any limitations or suspensions of functionality.
Provide false information.

Progressive Multiplier reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Progressive Multiplier) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users and for any other purposes. Progressive Multiplier reserves the right to use a variety of methods to detect and address anomalous activity and to screen User Content to prevent abuse such as spam or fraud. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users, with or without notice, and Progressive Multiplier shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Progressive Multiplier reserves the right to drop any email with a .exe or .zip attachment for any or no reason.

Registration; Contact Information

Some areas of the Site, including areas that may permit you to set up a Progressive Multiplier account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Progressive Multiplier is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. 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 of an Employer account invites other users to the same account. When using a Linked Account, all users within the same Linked Account have access to the communications and actions of all other users within the Linked Account, and you consent to such access.

We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.

You agree that Progressive Multiplier may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Progressive Multiplier account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Progressive Multiplier or that Progressive Multiplier may otherwise obtain from third-party sources. By providing Progressive Multiplier with a mobile phone number, you expressly consent to receiving communication via such mobile number.

Disclaimer of Warranties

Progressive Multiplier disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Progressive Multiplier search results (including Jobs Listings) or otherwise made available on the Site by Progressive Multiplier or third parties (including User Content), regardless of whether paid for or used for free. Progressive Multiplier disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material (including User Content). Progressive Multiplier disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Progressive Multiplier be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Progressive Multiplier be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Progressive Multiplier’s Site.

Progressive Multiplier further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other Services provided by Progressive Multiplier as a result of technical problems or traffic congestion on the Internet or any any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Progressive Multiplier be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. Progressive Multiplier AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Progressive Multiplier AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. Progressive Multiplier AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY Progressive Multiplier.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Progressive Multiplier OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF Progressive Multiplier OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF Progressive Multiplier AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID Progressive Multiplier TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall Progressive Multiplier or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Progressive Multiplier infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Progressive Multiplier to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Progressive Multiplier a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Progressive Multiplier Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ Progressive Multiplier.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

Governing Law and Dispute Resolution

If you are a Job Seeker: this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of New York, United States of America. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Washington, DC, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Washington, DC, U.S.A.

Class Action Waiver

By using the Site and in return for the services offered by Progressive Multiplier, you acknowledge that Progressive Multiplier can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue Progressive Multiplier as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Progressive Multiplier regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.

Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites.

Information or Complaints

If you have a question or complaint regarding the Site, please use our Progressive Multiplier Help Center. When you use the Progressive Multiplier Help Center, you are accessing a third party site Zendesk and consent to receiving cookies from Zendesk, as set forth in their cookie policy. Please note that communications within Zendesk will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Progressive Multiplier. This Agreement, together with any amendments and any additional agreements you may enter into with Progressive Multiplier in connection with the Site, shall constitute the entire agreement between you and Progressive Multiplier concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Progressive Multiplier’s proprietary rights in them.

You understand and acknowledge that Progressive Multiplier or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Progressive Multiplier reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Progressive Multiplier party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Progressive Multiplier party identified in the first paragraph of this Agreement with respect to such new territory.

Any notices to Progressive Multiplier must be sent to the applicable Progressive Multiplier entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Progressive Multiplier Ads Program, Progressive Multiplier Resume Program, Progressive Multiplier MoBolt or Progressive Multiplier Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Progressive Multiplier Ads interface).

You may not assign or delegate any of your rights or obligations hereunder without Progressive Multiplier’s prior written consent and any such attempt is void. Progressive Multiplier may freely assign or delegate its rights and obligations hereunder without notice to you. Progressive Multiplier and you are not legal partners or agents, but are independent contractors.

Use of Site by Minors

The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use Progressive Multiplier under the supervision of a parent or legal guardian, or responsible adult.

Progressive Multiplier Resume/CV Program Terms

These Progressive Multiplier Resume Program Terms or Progressive Multiplier CV Program Terms (collectively, “MDRP Terms”) form a part of, and are incorporated into, the Progressive Multiplier Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Progressive Multiplier Resume Program, or that otherwise indicates its acceptance of these Progressive Multiplier Resume Program Terms.

Any capitalized terms that are used but not defined in these IRP Terms have the meaning set forth in the Agreement.

The Program

Use of the Progressive Multiplier Resume Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable Progressive Multiplier best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, which may be modified at any time. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through Progressive Multiplier, for purposes of filling your Job Descriptions. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such system will result in your immediate termination from the Program.

IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you agree to pay to Progressive Multiplier the amount indicated on the Site so that Progressive Multiplier will facilitate your sending of an email message, indicating your interest, to the email address that the relevant resume submitter has provided to Progressive Multiplier. Progressive Multiplier does not guarantee that the email address is still in use, that such email will be received, that such email will be read, that such email will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume is valid, accurate or complete in any respect. In addition, in accord with the Agreement, you expressly agree that Progressive Multiplier does not allow its Resume Contact service to be used in a spam like manner, which Progressive Multiplier defines as sending requests for job positions to persons who are, as indicated by Progressive Multiplier experience and Resume Owner behavior and reaction, unsuited for the role. Progressive Multiplier reserves the right to disable Progressive Multiplier Resume contact service for any user who, in Progressive Multiplier’s sole discretion, violates these IRP Terms, including the foregoing term. We reserve the right to drop any email with a .exe or .zip attachment for any or no reason.

In the event phone numbers are provided by the Job Seeker in the resume, Progressive Multiplier does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, including laws against automated telephone dialing systems.

Cancellation

Once you have requested that Progressive Multiplier contact a Resume Owner, you may not revoke such request.

Your Information

You represent and warrant that all information you provide to Progressive Multiplier is correct and current. You represent to Progressive Multiplier that you are an Employer interested in considering the Resume Owner as a potential employee.

Disclaimer and Limitation of Liability

EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Progressive Multiplier BY YOU FOR THE Progressive Multiplier RESUME SERVICE GIVING RISE TO THE CLAIM.

Payment

You shall be charged if, and as, indicated by the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Progressive Multiplier incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Progressive Multiplier products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Refunds (if any) are at the absolute discretion of Progressive Multiplier and only in the form of credit for Progressive Multiplier services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Progressive Multiplier may be shared by Progressive Multiplier with companies who work on Progressive Multiplier’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Progressive Multiplier and servicing your account. Progressive Multiplier may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Progressive Multiplier shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Progressive Multiplier shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.

Indemnification

You shall indemnify, defend and hold harmless Progressive Multiplier, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient.

Progressive Multiplier Ads Program Terms

These Progressive Multiplier Ads Program Terms (“IAP Terms”) form a part of, and are incorporated into, the Progressive Multiplier Terms of Service(the “Agreement”), and apply to any Employer who accesses or uses the Progressive Multiplier Ads Program, or who otherwise indicates its acceptance of these Progressive Multiplier Ads Program Terms.

Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement.

The Program

Use of the Progressive Multiplier Ads Program (“Program”) on or through the Site is subject to all applicable Progressive Multiplier terms and policies, including without limitation the Progressive Multiplier Privacy Policy (http://www.Progressive Multiplier.com/legal#privacy) and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. Progressive Multiplier policies may be modified at any time. With regards to any job advertisements posted on Progressive Multiplier, either for payment or posted for free and including jobs provided to Progressive Multiplier via an XML feed (“Job Descriptions” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including Job Descriptions and screener questions) and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Job Ads may be placed on (y) any content or property provided by Progressive Multiplier (“Progressive Multiplier Property”), and (z) any other content or property provided by a third party (“Partner”) upon which Progressive Multiplier places Job Ads or provides search results of Job Descriptions (“Partner Property”). You shall direct only to Progressive Multiplier any communications regarding Job Ads on Partner Properties. By posting a Job Ad, including by XML feed, on Progressive Multiplier: (i) you authorize Progressive Multiplier to reformat and host the Job Ad to be effectively displayed on a mobile device and (ii) you authorize Progressive Multiplier to reformat and host the Job Ad on a Progressive Multiplier hosted page so it can be displayed more effectively on Progressive Multiplier or its publisher network. All dashboards will reflect the total click count, including the clicks on the Progressive Multiplier reformatted and hosted page. In the event you provide Progressive Multiplier with an End Date beyond which your Job Ad shall not run, thirty days before such End Date Progressive Multiplier may add a label (such as “urgent”, “urgently hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. Job Ads posted directly on Progressive Multiplier may no longer appear on the Site after a certain period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by Progressive Multiplier will expire after a certain period of time and Progressive Multiplier is unable to restore their visibility. Progressive Multiplier may offer certain Employers who sponsor Job Ads the opportunity to be displayed more prominently on the Site (“Featured Employer”). Featured Employer is awarded at Progressive Multiplier’s sole discretion. The ability to receive Featured Employer, generally, is a function of both the number of open jobs at your company and how much you spend. The Featured Employer program may be changed or removed by Progressive Multiplier at any time, at Progressive Multiplier’s sole discretion. When you post a Job Ad directly on Progressive Multiplier, Progressive Multiplier may automatically generate for you a Company Page. You may claim your Company Page, as well as edit and add information to it. Additionally, Progressive Multiplier may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Progressive Multiplier as well as those indexed by Progressive Multiplier.

Cancellation

Unless otherwise stated in an Insertion Order or other agreement to advertise with Progressive Multiplier, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). Progressive Multiplier may immediately cancel the Program or these IAP Terms at any time upon notice. Progressive Multiplier may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms.

Prohibited Uses

You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Progressive Multiplier and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice, and may subject you to legal penalties and consequences. Progressive Multiplier or Partners may reject or remove any Job Ad, and Progressive Multiplier may disable any Employer’s account, for any or no reason without notice. For examples of why Progressive Multiplier may reject such Job Ads from Employers, refer to the Job Posting Guidelines. Progressive Multiplier may require certain Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, and to prevent abuse of the free to post system. This may include limiting the number of Job Ads you are allowed to post at a given time without sponsoring, in Progressive Multiplier’s sole discretion. This requirement may be made in Progressive Multiplier’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, and any other jobs as determined by Progressive Multiplier. Additionally, Progressive Multiplier may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board, Progressive Multiplier reserves the right to include or reject any or all of your Job Ads. For examples of why Progressive Multiplier may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, Progressive Multiplier reserves the right to disable your account. You acknowledge that inclusion of jobs in violation of these guidelines on the Progressive Multiplier Site may harm Progressive Multiplier and its users. When you create a Progressive Multiplier account, Progressive Multiplier may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you send your identification documents directly to them and Progressive Multiplier does not receive a copy of your identification documents. By submitting your identification documents for verification, you are agreeing to share it with NetVerify as per their Privacy Policy and NetVerify is solely responsible for any use or loss of data.

Disclaimer and Limitation of Liability

Progressive Multiplier’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, Progressive Multiplier AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Progressive Multiplier and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Partner Property or Progressive Multiplier Property or sections of such properties, (iv) clicks or (v) conversions for any Creative. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Progressive Multiplier BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM.

Payment

You shall be charged based on actual clicks or other billing methods you may choose online. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Progressive Multiplier incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Progressive Multiplier products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Progressive Multiplier’s click measurements. Progressive Multiplier’s determination of click count shall be binding. Refunds (if any) are at the absolute discretion of Progressive Multiplier and only in the form of advertising credit for Progressive Multiplier Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to Progressive Multiplier may be shared by Progressive Multiplier with companies who work on Progressive Multiplier’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Progressive Multiplier and servicing your account. Progressive Multiplier may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Progressive Multiplier shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Progressive Multiplier shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.

Indemnification

You shall indemnify, defend and hold harmless Progressive Multiplier, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms.

Progressive Multiplier Publisher Program Terms

These Progressive Multiplier Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses or uses the Progressive Multiplier Publisher Program, or that otherwise indicates its acceptance of these IPP Terms.

These IPP Terms are between You and Progressive Multiplier, Inc., 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, and set out the terms and conditions applicable to your participation in the Progressive Multiplier Publisher Program (the “Program”) and, along with Progressive Multiplier Terms of Service, use of or access to Progressive Multiplier’s online and/or mobile services and websites, and software provided by or on behalf of Progressive Multiplier on or in connection with such services or websites (collectively, the “Site”). Any references to “Progressive Multiplier” shall mea Progressive Multiplier, Inc. The Program, as generally offered by Progressive Multiplier, is described on https://ads.Progressive Multiplier.com/jobroll or such other URL as Progressive Multiplier may provide from time to time. “You” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms.

These IPP Terms hereby incorporate by this reference any additional terms and conditions posted by Progressive Multiplier through the Site, or otherwise made available to you by Progressive Multiplier, including the Progressive Multiplier Terms of Service.

Progressive Multiplier shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the Progressive Multiplier Affiliate Acceptable Use Policy, located online at AAUP (the “AAUP”). In order to participate as a publisher in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to Progressive Multiplier shall be true, accurate and complete.

Publisher Obligations

Any job search results, Jobroll^TM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Progressive Multiplier logos or other elements supplied by Progressive Multiplier for use on Affiliates’ websites or websites co-branded by Progressive Multiplier and Affiliate (collectively, “Program Elements”) may only appear on URLs that Progressive Multiplier has reviewed and accepted for participation (“Accepted URLs”). Publisher shall advise Progressive Multiplier of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by Progressive Multiplier from time to time to enable proper delivery, display, tracking and reporting of Program Elements.

Publisher shall label each displayed Program Element with the phrase “Jobs by Progressive Multiplier” at least 116 X 23 pixels in size, wherein the word “Jobs” shall be hyperlinked to http://www.Progressive Multiplier.com or other Progressive Multiplier website as agreed with Progressive Multiplier and the word “Progressive Multiplier” shall be the Progressive Multiplier Logo Image and shall also be hyperlinked to http://www.Progressive Multiplier.com or other Progressive Multiplier website as agreed by Progressive Multiplier. The Progressive Multiplier Logo Image can be found at: http://www.Progressive Multiplier.com/p/jobsearch.gif.

Publisher agrees to abide by all terms of the AAUP. Progressive Multiplier reserves the right in its sole discretion to suspend Publisher’s participation in the Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold Progressive Multiplier harmless from and against any claims, demands, liabilities, expenses, losses, damages and attorney fees arising from or relating to a violation or purported violation by Publisher of the AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that Progressive Multiplier may have as a result of a violation of the AAUP by Publisher.

Publisher hereby grants Progressive Multiplier permission to refer to Publisher and its websites in Progressive Multiplier’s marketing materials.

Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by Progressive Multiplier) in relation to Program Elements displayed on Accepted URLs. YOU ACKNOWLEDGE AND AGREE THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY Progressive Multiplier, IN ITS SOLE DISCRETION. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, Progressive Multiplier shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Progressive Multiplier or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms. No dashboard or any other view of any click count shall be considered as contractually binding on Progressive Multiplier.

Qualifying Links

Publisher may earn a commission, as determined by Progressive Multiplier in its sole discretion, if Publisher refers a Qualified User (as defined below) to the Progressive Multiplier Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the Progressive Multiplier Website and purchased a qualifying product or service (“Qualifying Purchase”) during a Session (as defined below). Not all services or products will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in Progressive Multiplier’s sole discretion. Progressive Multiplier is under no obligation to pay any particular amount for any referral and it is in Progressive Multiplier’s absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at Progressive Multiplier via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact’). No payments under this program shall be any indication of future payments under this program.

A “Qualifying Link” is a link directing a Qualified User from Publisher’s website or online property (“Publisher Property”) to Progressive Multiplier using a Program Element provided by Progressive Multiplier for use with the Program. A “Session” is the period of time beginning when a Qualified User initially arrives at Progressive Multiplier via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact”), and ending at Progressive Multiplier’s absolute discretion. For avoidance of doubt, Publisher acknowledges that a Session will not commence unless cookies are enabled on the Customer’s device or computer in a manner that enables Progressive Multiplier to fully attribute actions of Qualified User to Publisher’s Qualifying Link. A “Qualified User” is a user who has not previously registered with Progressive Multiplier, has not been previously “cookied” by Progressive Multiplier and has not previously visited the Progressive Multiplier Site, all as determined by Progressive Multiplier in its sole and absolute discretion.

The parties acknowledge and agree that Progressive Multiplier shall have the sole right and responsibility for processing all orders made by Qualified Users. Publisher acknowledges that all agreements relating to sales to Qualified Users shall be between Progressive Multiplier and the Qualified User.

The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by Progressive Multiplier in its sole and absolute discretion and is final and binding on Publisher. Prices for the Qualifying Purchases will be set solely by Progressive Multiplier in its sole and absolute discretion.

Publisher shall not be entitled to commissions and shall reverse any commissions already paid if Publisher is in breach of these IPP Terms or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups.

Terms of Payment

Progressive Multiplier shall pay Publisher within 30 days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. Progressive Multiplier may withhold any and all payment if Publisher is in breach of these IPP Terms and Progressive Multiplier shall have no further liability to Publisher.

Termination

Either party may terminate these IPP Terms and participation in the Program at any time by sending a notice by email to support-at-Progressive Multiplier dot com or other email address specified by Progressive Multiplier in the case of Progressive Multiplier, and to the email address specified in Publisher’s profile in the Program in the case of Publisher.

Upon termination of a publisher from the Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.

Confidentiality

Publisher shall not disclose Progressive Multiplier Confidential Information without Progressive Multiplier’s prior written consent. “Progressive Multiplier Confidential Information” includes without limitation: (a) all Progressive Multiplier software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other performance statistics relating to the Program provided to Publisher by Progressive Multiplier; and (c) any other information designated in writing by Progressive Multiplier as “Confidential” or an equivalent designation.

Disclaimer and Limitation of Liability

Progressive Multiplier’S PROVISION OF THE PROGRAM AND PROGRAM ELEMENTS (THE “SERVICE”) AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Progressive Multiplier AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER Progressive Multiplier NOR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, MAKE ANY WARRANTY THAT (i) THE SERVICE OR SITE WILL MEET PUBLISHER’S REQUIREMENTS; (ii) THE SERVICE OR ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SITE WILL BE ACCURATE OR RELIABLE; OR (iv) ANY ERRORS IN THE SERVICE OR SITE WILL BE CORRECTED.

NEITHER Progressive Multiplier NOR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES INCURRED BY PUBLISHER FROM PARTICIPATION IN THE PROGRAM, WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL Progressive Multiplier’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES THEN DUE TO PUBLISHER AS DETERMINED PURSUANT TO THESE IPP TERMS.

Miscellaneous

These IPP Terms (including the Progressive Multiplier Terms of Service incorporated herein) constitute the entire agreement between the parties with respect to the Progressive Multiplier Publisher Program and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these IPP Terms will be effective only if in writing and signed by Progressive Multiplier. These IPP Terms, together with any amendments thereto and any additional agreements you may enter into with Progressive Multiplier in connection with the Site, shall constitute the entire agreement between you and Progressive Multiplier concerning the Site. In the event of any irreconcilable conflict between these IPP Terms and the Progressive Multiplier Terms of Service, these IPP Terms will govern with respect to the Progressive Multiplier Publisher Program, and the Progressive Multiplier Terms of Service will otherwise govern. If any provision of these IPP Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these IPP Terms, which shall remain in full force and effect. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by these IPP Terms with the same Progressive Multiplier party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by these IPP Terms with the applicable Progressive Multiplier party identified in the first paragraph of these IPP Terms with respect to such new territory.

Any notices to Progressive Multiplier must be sent to Progressive Multiplier, Inc. via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Progressive Multiplier Resume Program, Progressive Multiplier Ads Program, or Progressive Multiplier Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Progressive Multiplier Ads interface).

These IPP Terms and any dispute arising out of or in connection with these IPP Terms (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Travis County, Texas, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A.

Progressive Multiplier Prime Terms

These Progressive Multiplier Prime Terms (“IP Terms”) form a part of, and are incorporated into, the Progressive Multiplier Terms of Service (the “Agreement”). By using Progressive Multiplier Prime in any way, or by registering as a Candidate or an Employer on Progressive Multiplier Prime, you agree to these Progressive Multiplier Prime Terms and the Progressive Multiplier Terms of Service.

Any capitalized terms that are used but not defined in these IP Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate, the Employer or the Referrer, as per the context of the sentence.

Introduction

Progressive Multiplier Prime is an online tool that allows Progressive Multiplier Prime Employers (“Employers”) to connect with Candidate Job Seekers (“Candidates”). The term “Candidate” will refer to users of Progressive Multiplier Prime who are seeking employment opportunities through Progressive Multiplier Prime. The term “Employer” will refer to a company that is interested in hiring the Candidates through the Progressive Multiplier Prime online tool.

Users who wish to participate in Progressive Multiplier Prime apply to Progressive Multiplier to enter a Progressive Multiplier Prime Weekly Talent List of Candidates (“List”). Not all users who apply to Progressive Multiplier Prime will be accepted into the program as a Candidate. If Progressive Multiplier chooses a Candidate to participate in Progressive Multiplier Prime, they are placed into the List and they will remain in the List for such a time as determined by Progressive Multiplier, as per Progressive Multiplier rules, as set forth below. Each week Employers who are using the Progressive Multiplier Prime tool are shown those relevant Candidates in the List. Employers may choose to interview Candidates from the List and conduct a hiring process with such Candidate if they wish. There is a charge for use of this tool to the Employers, all as set forth below. There is no charge to Candidates who are chosen from the List.

Applying to Progressive Multiplier Prime

Candidate:

In order to use Progressive Multiplier Prime as a Candidate you must create a Progressive Multiplier account or login using your preexisting Progressive Multiplier account, create a profile and apply. When applying to Progressive Multiplier Prime, we may require you to provide us with certain information including, but not limited to, your name, email address, phone number, skill set, salary requirements and geographic location. At this stage, you will have the opportunity to block your profile from certain Employers. We will use the information that you provide us during the application process to determine whether you will be accepted into Progressive Multiplier Prime. We may use a third party vendor to help us review your application. We reserve the right, in our sole discretion, to accept or reject your application to use Progressive Multiplier Prime. If you are accepted into Progressive Multiplier Prime, we will notify you via email. Once you have been accepted, a member of the Progressive Multiplier Prime Talent Team (“Talent Consultant”) may reach out to via the email address or phone number you provided, and work with you to finalize your Candidate profile. The Talent Consultant may continue to work with you throughout your time on Progressive Multiplier Prime.

Employer:

In order to use Progressive Multiplier Prime as an Employer you must also apply. Applying to be an Employer is free. When applying we may ask you for additional information related to your company, including but not limited to, your name, email address, company URL, phone number and geographic location. We will review the information that you provided to us during the application process to determine whether you will be accepted into Progressive Multiplier Prime. We reserve the right, in our sole discretion, to accept or reject your application to Progressive Multiplier Prime. If your application is accepted, you will be notified via email and allowed to use the Progressive Multiplier Prime online tool so as to engage with, and reach out to Candidates that are available in the Progressive Multiplier Prime List.

Weekly Talent List

Candidates:

After a Candidate has applied and been accepted to Progressive Multiplier Prime, he or she will be placed into the List to be viewed by Employers using the Progressive Multiplier Prime tool. Employers will then have the opportunity to engage with Candidates in the List. Candidates may receive emails from Employers informing them of their interest in the Candidate, and providing them details about the job solicitation. Progressive Multiplier has no input into the Employer’s selection process. A Candidate may, but is not required to, respond to any Employer that has contacted him or her. All requests for interviews by Employers through Progressive Multiplier Prime do not guarantee a final job or job offer, or a job offer at any particular salary.

A new Candidate may be highlighted as “new” in the Talent List. At the conclusion of a certain number of weeks Progressive Multiplier may remove any candidate on the List, at any time, for any reason, at its sole discretion and, in such case, the Candidate must reapply through its Talent Consultant for consideration to be reentered into the List. The reapplication process is at Progressive Multiplier’s sole discretion, and not all re-applications will be granted.

Employers:

After an Employer’s application has been accepted by Progressive Multiplier Prime, the Employer will be able to utilize the Progressive Multiplier Prime tool in order to browse the Candidates in the List, communicate with these Candidates, and submit interview requests to Candidates. Once an Employer has discovered a Candidate on Progressive Multiplier Prime, the Employer agrees to make the first contact with the Candidate exclusively through the Progressive Multiplier Prime tool. After the initial contact, the Employer and the Candidate may use other means of communication during the hiring process. The Employer agrees not to attempt to circumvent Progressive Multiplier Prime by independently attempting to make the first contact with Candidate through alternative means after discovering the Candidate on Progressive Multiplier Prime. If an Employer hires a Candidate from Progressive Multiplier Prime, the Employer must report this hire to Progressive Multiplier and will owe Progressive Multiplier a fee (“Fee”) (as defined in Section 4 below).

Notwithstanding the foregoing, if an Employer can establish that the Employer was in Negotiation with regards to hiring with the Candidate prior to utilizing the Prime tool, the Employer may be exempted from paying the Fee at the sole discretion of Progressive Multiplier. “Negotiation” shall mean at least one direct email sent out by both parties, Candidate and Employer, specifically to the other and not sent as part of a mass emailing, for the purpose of recruiting or hiring, within the three (3) months prior to the Employer using the Prime tool, and where no final decision to hire or reject a Candidate or to accept or reject the Employer has been made.

In the event an Employer circumvents the Progressive Multiplier Prime process after discovering a candidate on Progressive Multiplier Prime, or does not report a hire made through Progressive Multiplier Prime, and thereafter hires that candidate within six (6) months of the date on which the Employer first viewed the candidate on Progressive Multiplier Prime, Progressive Multiplier Prime shall be entitled to 25% of a Candidate’s annual or term salary (if the term of hire is for less than one year) and all costs of collection of such amount, including any legal fees.

No contractual obligations are created for either the Candidate or the Employer through the use of Progressive Multiplier Prime. The Candidate is not obligated to accept any offer provided to a Candidate from an Employer that contacts them through Progressive Multiplier Prime. Additionally, offers or interview requests submitted by an Employer to a Candidate through Progressive Multiplier Prime are not binding on the Employer.

Progressive Multiplier’s Role:

Progressive Multiplier does not act as an employment agent by providing the Progressive Multiplier Prime product. Progressive Multiplier merely provides a tool enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Progressive Multiplier Prime.

You understand that Progressive Multiplier Prime does not inquire into the backgrounds of its Candidates or Employers or attempt to verify the statements of its Candidates or Employers, and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and (2) complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under the Fair Credit Reporting Act or any corresponding state laws may only be asserted against the Employer.

Progressive Multiplier is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not Progressive Multiplier receives a fee from the Employer in connection with the transaction. Progressive Multiplier will not be liable for any costs or damages arising out of or related to such transaction.

Rewards, Fees and Refunds

Candidates:

Progressive Multiplier Prime is free for Candidates. As a Candidate, you must promptly notify Progressive Multiplier if you accept an offer of employment through Prime. If you accept an offer of employment through Prime, you are eligible to receive a reward of $2,000 (USD) (the “Candidate Reward”). To be eligible for the Candidate Reward, you must apply through Progressive Multiplier Prime, be hired by an Employer participating in the Progressive Multiplier Prime program and remain with the company for at least 90 days.

In order to receive the Candidate Reward, you must provide Progressive Multiplier with a valid and completed W-9 document and ACH form. If you have not provided Progressive Multiplier with a valid and completed W-9 and ACH form, you will receive no Candidate Reward. In addition, you must be a U.S. resident (for tax purposes) in order to receive the Candidate Reward. All payments are gross amounts and you will be responsible for paying all taxes on the award.

Referrals:

Progressive Multiplier will offer “Referral Rewards” in the amount of $2,000 (USD) to individuals who refer a Candidate that has been selected by Progressive Multiplier Prime and has been hired through Progressive Multiplier Prime, and has worked at their new company for at least ninety days (the “Referrer”). In addition, the following limitations apply:

To qualify, the referred party must have graduated from their last school at least one year prior to the referral.
Limit 5 awards per year to any one Referrer.
You must be a US resident (for tax purposes).
In order to receive the Referral Reward, you must provide Progressive Multiplier with a valid and completed W-9 document and ACH form. If you have not provided Progressive Multiplier with a valid and completed W-9 and ACH form, you will receive no Referral Reward.
All payments are gross amounts and you will be responsible for paying all taxes on the award.
This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied.
Progressive Multiplier has the right to refuse any referred candidate participation in the Progressive Multiplier Prime program for any reason.
No award will be paid for any referred candidate who is already a member of Progressive Multiplier Prime when the referral was received.

Fees and Refunds:

As of April 4, 2016, Progressive Multiplier Prime may offer two payment models: Pay-Per-Hire, and Subscription. Any individual terms will be agreed upon in writing; please consult your Prime Client Executive or Client Consultant for pricing details. The below pricing plans apply to any Candidate contacted starting on April 4, 2016 at 12am Central time.

Pay-Per-Hire Model:

Under the pay-per-hire model, Employers agree to pay a fixed percentage of annual base salary or other salary periods agreed upon, for any hire made through Progressive Multiplier Prime.
Refunds will be made to an Employer, if they have chosen to pay a percentage of the annual salary and a hire made through Progressive Multiplier Prime leaves their job within the first 90 days of employment and does not become an independent contractor of the Employer. In order to be eligible to receive a refund, an Employer must inform Progressive Multiplier within 5 business days of the hire leaving the employ of the Company and shall provide sufficient evidence of such employee exit.
Progressive Multiplier may request a non-refundable deposit, which will be applied towards the cost of first hire if made. If no hires are made, the deposit is not returned.
Progressive Multiplier may consider pre-paid volume discounts.
Under the pay-per-hire model, payment is due upon receipt of an invoice, unless agreed upon otherwise with your Prime Client Executive or Consultant.
The pay-per-hire model can be canceled at any time. Hires initiated before cancellation are subject to the invoicing and payment stated above.

Subscription Model:

Under the Subscription Model, Employers agree to pay upfront an initial subscription fee for a period of time specified in any Progressive Multiplier insertion order or online pricing page (each subscription period to be referred to as a “Term”).
Unlimited hires may be made during any Term for the fee indicated on the Progressive Multiplier insertion order or the price indicated on the Progressive Multiplier Prime online pricing page.
All plans under the Subscription Model shall automatically renew for additional Terms. If you wish to cancel your Subscription, you must do so no later than 15 days prior to the end of any Term. No refunds will be given for payment made during any Term.
Under the Subscription Model, payment is due upon receipt of an insertion order or confirmation email, confirming your purchase, unless agreed upon otherwise with your Prime Client Executive or Consultant.

If you wish to use the Progressive Multiplier Prime tool, you must have an agreement with Progressive Multiplier to do so under one of the pricing models listed above, and have accepted Progressive Multiplier’s online terms of service. Sales taxes will be charged as appropriate. The Obligation to pay Fees shall survive termination or expiration of this Agreement.

Confidentiality

You agree to keep all information gained from using Progressive Multiplier Prime confidential. You agree that (1) you will use any content submitted by Candidates in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Candidates in any List outside of your recruiting or hiring department; AND (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Progressive Multiplier Prime from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through Progressive Multiplier Prime.

You agree that by using Progressive Multiplier Prime, Progressive Multiplier may call you at the phone number provided to Progressive Multiplier, including cell phone numbers. You further agree that Progressive Multiplier provides email proxy and relay tools to the users of Progressive Multiplier Prime and that Progressive Multiplier may monitor, review, store and analyze your content (including your profile, applications, communications and responses) to provide you with personally relevant product features, prevent fraud, reduce unwanted mail, and provide quality control.

If you decide to take the HackerRank challenge or any other external testing, such results will only be maintained and used internally by Progressive Multiplier and will never be passed to a third party.

Disclaimer and Limitation of Liability

Progressive Multiplier EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE CANDIDATE PROFILE INFORMATION THAT HAS BEEN PROVIDED TO Progressive Multiplier IS VALID, THAT THE COMMUNICATION SENT BY AN EMPLOYER WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ THE EMAIL, OR THAT THE INTENDED RECIPIENT OF YOUR REQUEST WILL ACT UPON SUCH REQUEST. Progressive Multiplier EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Progressive Multiplier BY YOU FOR THE Progressive Multiplier TOOL GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify and hold harmless Progressive Multiplier from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Progressive Multiplier Prime; (c) your loss of, or disclosure of, information gained from using Progressive Multiplier Prime; (d) your violation of any state or federal laws during the hiring process, including but not limited to the Fair Credit Reporting Act; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Progressive Multiplier Prime. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements.

Termination

We may suspend Progressive Multiplier Prime, your account or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Progressive Multiplier Prime at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.

Progressive Multiplier Targeted Ads Terms

These Progressive Multiplier Targeted Ads Terms (“ITA Terms”) form a part of, and are incorporated into, the Progressive Multiplier Terms of Service(the “Agreement”), and apply to any Employer who accesses or uses the Progressive Multiplier Targeted Ads program, or who otherwise indicates its acceptance of these ITA Terms.

Any capitalized terms that are used but not defined in these ITA Terms have the meaning set forth in the Agreement.

The Program

Use of Progressive Multiplier Targeted Ads (“ITA”) on or through the Site is subject to all applicable Progressive Multiplier terms and policies, including without limitation the Progressive Multiplier Privacy Policy (http://www.Progressive Multiplier.com/legal#privacy) and those instructions provided on the Site, and, if you are using ITA, through our online forms. Progressive Multiplier policies may be modified at any time. With regards to any job advertisements posted on Progressive Multiplier through ITA, (“Targeted Ads”), you agree that you are solely responsible for all: (a) ad or job content and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Targeted Ads may be placed on any content or property provided by Progressive Multiplier (“Progressive Multiplier Property”). By posting a Targeted Ad on Progressive Multiplier, you authorize Progressive Multiplier to reformat the Job Ad to be effectively displayed on a mobile device. In order to participate in ITA, you must add Progressive Multiplier’s conversion tracker snippet to your post-apply page (the “Post-Apply Page”). The Post-Apply Page on which you add Progressive Multiplier’s conversion tracker snippet shall be determined by mutual agreement between you and Progressive Multiplier. Any removal of the tracker snippet will disqualify you from the program and will entitle to Progressive Multiplier to any resulting damages. It shall be your responsibility to inform your job applicants that such tracker snippet is in place. The conversion tracker will attribute an application to Progressive Multiplier any time the job seeker started their search on Progressive Multiplier, despite any intervening activity.

Cancellation

Unless otherwise stated in an insertion order or other agreement to advertise with Progressive Multiplier, you may independently cancel online any Targeted Ad at any time (such cancellation is generally effective within 24 hours). Progressive Multiplier may cancel the ITA or these ITA Terms at any time. Progressive Multiplier may modify ITA or these ITA Terms at any time without liability, and your use of ITA after notice that these ITA Terms have changed indicates acceptance of the updated ITA Terms. Sections 1, 3, 4, 5, and 6 will survive any expiration or termination of these ITA Terms.

Prohibited Uses

You shall not, and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Progressive Multiplier and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Targeted Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these ITA Terms or your account without notice, and may subject you to legal penalties and consequences. Progressive Multiplier or Partners may reject or remove any Targeted Ad, and Progressive Multiplier may disable any Employer’s account, for any or no reason without notice.

DISCLAIMER AND LIMITATION OF LIABILITY

Payment

You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Progressive Multiplier, and based on actual applies (“Applies” or “Apply”). Applies are defined as a user visit to the agreed upon Post-Apply Page listed in any separate agreement (including via email exchange) or insertion order between you and Progressive Multiplier. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Japanese Yen or Singapore Dollars. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Progressive Multiplier incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Progressive Multiplier products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Progressive Multiplier’s Apply measurements. Progressive Multiplier’s determination of number of Applies shall be binding. Refunds (if any) are at the absolute discretion of Progressive Multiplier and only in the form of advertising credit for Progressive Multiplier Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to Progressive Multiplier may be shared by Progressive Multiplier with companies who work on Progressive Multiplier’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Progressive Multiplier and servicing your account. Progressive Multiplier may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Progressive Multiplier shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Progressive Multiplier shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail.

Indemnification

You shall indemnify, defend and hold harmless Progressive Multiplier, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your ITA use, Creative, site or Your Services, or your breach of these ITA Terms.

*For the purposes of this Agreement, the Asia-Pacific Region is defined as the following countries and territories: American Samoa, Antarctica, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Christmas Island, Cocos Islands, Cook Islands, East Timor, Fiji, French Polynesia, French Southern Territories, Guam, Heard Island and McDonald Islands, Hong Kong, Indonesia, Japan, Kiribati, Laos, Macao, Malaysia, Maldives, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Singapore, Solomon Islands, South Georgia and the South Sandwich Islands, South Korea, Sri Lanka, Taiwan, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna.

Progressive Multiplier MoBolt Terms

These Terms and Conditions set forth the terms and conditions under which Progressive Multiplier, utilizing its internal proprietary Progressive Multiplier MoBolt software (“Progressive Multiplier MoBolt Software”), will provide certain services, the Progressive Multiplier MoBolt services (the “Services”), to a customer of the Services (“Customer”).

SERVICES RENDERED AND CONTENT

1.1. The Services. Subject to all limitations and restrictions contained herein, Progressive Multiplier shall provide Customer with the Services and Customer shall have a nonexclusive and nontransferable right to use the Services as provided by Progressive Multiplier as described herein (“Services Rendered”). The Services will be performed in accordance with this Agreement and the additional terms in an applicable Insertion Order (“IO”).

1.2. Services Rendered. The purpose of the Services, subject to the terms herein, is: (i) to allow Progressive Multiplier to create and host a mobile-optimized version of Customer’s existing job application website (hereinafter referred to as the “Customer Progressive Multiplier MoBolt Website”); (ii) to allow Customer’s job applicants to apply to Customer’s jobs via the Customer Progressive Multiplier MoBolt Website, and (iii) to allow Progressive Multiplier to provide the Customer with job applicants’ information entered through the Customer Progressive Multiplier MoBolt Website in any form agreed to by the parties. The Customer Progressive Multiplier MoBolt Website may look like Customer’s branded desktop website or may look like the Progressive Multiplier Site, depending on what Customer and Progressive Multiplier have mutually agreed upon. Only Progressive Multiplier has the ability to directly edit or alter the Customer Progressive Multiplier MoBolt Website. Customer shall not allow any website, that is not fully owned by Customer, to frame, syndicate, distribute, replicate, or copy any portion of Customer’s website that has been directly or indirectly provided the Services. Customer acknowledges that Progressive Multiplier monitors, reviews and analyzes the content (including your applications and responses) sent through MoBolt to provide you and users with personally relevant product features, such as improved search results and to prevent fraud, reduce unwanted mail, and provide quality control of the information sent through the MoBolt system. Progressive Multiplier will treat all private information received via the Services in accordance with the Progressive Multiplier Cookie Policy, Privacy Policy and General Terms, as amended from time to time.

1.3. Customer Obligations. Customer hereby covenants and agrees that:

1.3.1. Customer shall be responsible for providing to Progressive Multiplier content for Customer’s website, including, without limitation, trademarks or service marks, images, photographs, illustrations, graphics, audio clips, video clips, and text.

1.3.2. Customer is responsible for maintaining the security credentials of its accounts, and Customer is fully responsible for all activities that occur under the accounts assigned to Customer and any other actions taken in connection with its accounts.

1.3.3. Customer, its employees and its contractors shall comply with all applicable laws.

1.3.4. Customer shall immediately notify Progressive Multiplier of any unauthorized uses of its accounts or any other breaches of security. Progressive Multiplier shall not be liable for any acts or omissions by the Customer, including any damages of any kind incurred as a result of such acts or omissions.

1.3.5. Customer shall ensure that it has an agreement with each end user of Customer’s job application website (“End User”) that protects Progressive Multiplier’s rights to the same extent as the terms of this Agreement. The agreement with End Users (“End User Agreement”) must also include terms informing End Users that End User grants Progressive Multiplier access to and the right to use End User’s data, as provided in Progressive Multiplier’s Cookie Policy, Privacy Policy, and General Terms. Progressive Multiplier agrees that, subject to the foregoing requirements, the End User Agreement need not specifically refer to Progressive Multiplier. Customer will promptly notify Progressive Multiplier if it becomes aware of any breach of the terms of the End User Agreement that may affect Progressive Multiplier.

1.3.6. Customer will allow Progressive Multiplier’s name to be displayed on the Customer Progressive Multiplier MoBolt Website for purposes of directing End Users to Progressive Multiplier’s Privacy Policy.

1.3.7. Customer shall not ask End Users any job application questions, which are provided to End Users through Progressive Multiplier’s provision of the Services, that are illegal or discriminatory. Customer also shall not seek “Sensitive Data” (defined herein) from End Users in job application questions, which questions are provided to Progressive Multiplier through the Services. Sensitive Data includes, but is not limited to, highly confidential personal information such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country. If Customer chooses to seek Sensitive Data, it does so at its own risk, Progressive Multiplier disclaims any and all liability for any security breach of such information, and Customer shall indemnify Progressive Multiplier for any claims that may arise as a result.

1.3.8 Customer shall be responsible for any Cookies dropped on the Customer Progressive Multiplier MoBolt Website

1.4. Time of Performance of Services. Progressive Multiplier shall provide Customer with the Services only during the agreed upon period provided for in an applicable IO.

1.5. Fee and Payment. Progressive Multiplier shall provide Customer with the Services at the agreed upon fee and payment method provided for in an applicable IO. None of the payment represents the license or sale of the Progressive Multiplier MoBolt Software. Invoices may be provided to you via electronic mail.

1.6. Additional Restrictions. Customer shall not permit any third parties to access the Services.

TAXES

2.1. Taxes. The service fees and other amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). Customer shall pay additionally for any taxes that apply in addition to charges quoted by Progressive Multiplier, at the time of purchase or at a later date. Customer shall reimburse Progressive Multiplier and hold Progressive Multiplier harmless for all taxes or levies which Progressive Multiplier is required to collect or remit to applicable tax authorities. This provision does not apply to Progressive Multiplier’s income or franchise taxes, or any taxes for which Customer is exempt, provided Customer has furnished Progressive Multiplier with a valid tax exemption certificate.

MAINTENANCE AND SUPPORT SERVICES

3.1. Maintenance. Progressive Multiplier shall use commercially reasonable efforts to correct reported or self-diagnosed material problems with: (i) the Customer Progressive Multiplier MoBolt Website; (ii) job applicants’ access to the Customer Progressive Multiplier MoBolt Website, and (iii) Progressive Multiplier’s provision of job applicants’ information entered through the Customer Progressive Multiplier MoBolt Website to Customer (“Maintenance and Support Services”). Progressive Multiplier shall use commercially reasonable efforts to begin working on a resolution to Customer’s written notice of reported problems within fourteen (14) days, provided corrections shall be prioritized in Progressive Multiplier’s reasonable discretion. A response is not a guaranty of a solution to the reported problem; however Progressive Multiplier will keep Customer apprised of the resolution closure. Customer can report material issues with the Customer Progressive Multiplier MoBolt Website through Progressive Multiplier’s call center, which is available Monday through Friday from 9:00 A.M. to 5:00 P.M. EST.

3.2. Service Availability. Progressive Multiplier’s goal is to provide Service Availability of the Customer Progressive Multiplier MoBolt Website twenty-four (24) hours per day, seven (7) days per week (referred to as “24×7 Availability”) EXCEPT during times of scheduled internal updates. However, the parties recognize that 24×7 Availability is only a goal. Progressive Multiplier cannot guarantee that such goal can be achieved. These response time goals apply only to public production servers (i.e. web servers, application servers, and database servers). Progressive Multiplier shall use reasonable efforts to achieve 99% Service Availability in North America. The Service Availability goal excludes any time Customer requests the Services be paused and the Customer Progressive Multiplier MoBolt Website be taken down. Progressive Multiplier does not and cannot control the flow of data to or from Progressive Multiplier’s network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. Customer acknowledges and agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Progressive Multiplier may undertake from time to time; and (iii) causes beyond the control of Progressive Multiplier or that are not reasonably foreseeable by Progressive Multiplier, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet (or portions thereof). Although Progressive Multiplier will use reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Progressive Multiplier cannot guarantee that such events will not occur. Accordingly, Progressive Multiplier disclaims any and all liability resulting from or related to such events.

3.3. Third Parties. Progressive Multiplier shall have the right to use third parties, including employees of Progressive Multiplier’s affiliates and subsidiaries (“Subcontractors”) in performance of its obligations and services hereunder and, for purposes of this Section, all references to Progressive Multiplier or its employees shall be deemed to include such Subcontractors.

OWNERSHIP

4.1. Reservation of Rights. By signing the Agreement, Customer irrevocably acknowledges that, subject to the Services provided herein, Customer will not be provided with the Progressive Multiplier MoBolt Software used internally by Progressive Multiplier to provide the Services, the Progressive Multiplier MoBolt Software is not licensed to Customer, and Customer has no ownership interest in the Progressive Multiplier MoBolt Software or Progressive Multiplier materials provided to Customer or utilized by Customer’s End Users. Progressive Multiplier shall own all right, title, and interest in the Progressive Multiplier MoBolt Software and Progressive Multiplier materials, subject to any limitations associated with intellectual property rights of third parties. Progressive Multiplier reserves all rights not specifically granted herein. Customer shall not make any representations to any End User or any third party that the Progressive Multiplier MoBolt Software belongs to Customer or is in any way owned or shared by Customer.

CONFIDENTIALITY

5.1. Definition. “Confidential Information” includes all information marked pursuant to this Section and disclosed by either party, before or after the Effective Date, and generally not publicly known, whether tangible or intangible and in whatever form or medium provided, as well as any information generated by a party that contains, reflects, or is derived from such information. Confidential Information does not include personal data provided by End Users.

5.2. Confidentiality of Services. All Confidential Information in tangible form shall be marked as “Confidential” or the like or, if intangible (e.g. orally disclosed), shall be designated as being confidential at the time of disclosure and shall be confirmed as such in writing within thirty (30) days of the initial disclosure. Notwithstanding the foregoing, the following is deemed Progressive Multiplier Confidential Information with or without such marking or written confirmation: (i) the Progressive Multiplier MoBolt Software, to which Customer will not be given access; (ii) other materials related to the Services furnished to Customer by Progressive Multiplier; (iii) the oral and visual information relating to the Services; and (iv) the terms and conditions of this Agreement.

5.3. Exceptions. Without granting any right or license, the obligations of the parties hereunder shall not apply to any material or information that: (i) is or becomes a part of the public domain through no act or omission by the receiving party; (ii) is independently developed by the other party without use of the disclosing party’s Confidential Information; (iii) is rightfully obtained from a third party without any obligation of confidentiality; or (iv) is already known by the receiving party without any obligation of confidentiality prior to obtaining the Confidential Information from the disclosing party. In addition, neither party shall be liable for disclosure of Confidential Information if made in response to a valid order of a court or authorized agency of government, provided that notice is promptly given to the disclosing party so that the disclosing party may seek a protective order and engage in other efforts to minimize the required disclosure. The parties shall cooperate fully in seeking such protective order and in engaging in such other efforts.

5.4. Ownership of Confidential Information. Nothing in this Agreement shall be construed to convey any title or ownership rights to the Services, the Progressive Multiplier MoBolt Software used internally by Progressive Multiplier to provide the Services, or other Confidential Information to Customer or to any patent, copyright, trademark, or trade secret embodied therein, or to grant any other right, title, or ownership interest to the Progressive Multiplier Confidential Information. Neither party shall, in whole or in part, sell, lease, license, assign, transfer, or disclose the Confidential Information to any third party and shall not copy, reproduce or distribute the Confidential Information except as expressly permitted in this Agreement. Each party shall take every reasonable precaution, but no less than those precautions used to protect its own Confidential Information, to prevent the theft, disclosure, and the unauthorized copying, reproduction or distribution of the Confidential Information.

5.5. Non-Disclosure. Each party agrees at all times to keep strictly confidential all Confidential Information belonging to the other party. Each party agrees to restrict access to the other party’s Confidential Information only to those employees or Subcontractors who (i) require access in the course of their assigned duties and responsibilities; and (ii) have agreed in writing to be bound by provisions no less restrictive than those set forth in this Section. Notwithstanding the foregoing, Progressive Multiplier may honor subpoenas, search warrants, or law enforcement or court-mandated requests to reveal a Customer or job applicant’s properly requested information.

5.6. Injunctive Relief. Each party acknowledges that any unauthorized disclosure or use of the Confidential Information would cause the other party imminent irreparable injury and that such party shall be entitled to, in addition to any other remedies available at law or in equity, temporary, preliminary, and permanent injunctive relief in the event the other party does not fulfill its obligations under this Section.

5.7. Suggestions/Improvements to Services. Notwithstanding this Section, unless otherwise expressly agreed in writing, all suggestions, solutions, improvements, corrections, and other contributions provided by Customer regarding the Services or other Progressive Multiplier materials provided to Customer shall be owned by Progressive Multiplier, and Customer hereby agrees to assign any such rights to Progressive Multiplier. Nothing in this Agreement shall preclude Progressive Multiplier from using in any manner or for any purpose it deems necessary, the know-how, techniques, or procedures acquired or used by Progressive Multiplier in the performance of services hereunder.

5.8. Data Usage. Progressive Multiplier has the right to use the data provided by Customer or its applicants or otherwise derived from such data, as provided in the Progressive Multiplier Cookie Policy, Privacy Policy and General Terms, each as amended from time to time, and further Progressive Multiplier may disclose the same in aggregate.

WARRANTY

6.1. Authorized Representative. Customer and Progressive Multiplier warrant that each has the right to enter into this Agreement and that the Agreement shall be executed by an authorized representative of each entity.

6.2. Customer Warranty. Customer hereby represents and warrants:

6.2.1. By making use of the Services, posting material via the Services, posting links via the Services, or otherwise making (or allowing any third party to make) material available by means of the Services (any such material, “Content”), the Customer is entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, a data feed, or any other content type.

6.2.2. The downloading, copying and use of the Content shall not infringe the privacy rights or proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

6.2.3. The Customer has fully complied with any third-party licenses relating to the Content, and has done all things necessary to successfully pass through to end users any required terms;

6.2.4. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

6.2.5. The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

6.2.6. The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, does not promote illegal activity, and does not violate the privacy or publicity rights of any third party;

6.2.7. The Progressive Multiplier recruitment marketing platform provided through the Services will not be advertised via unsolicited electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;

6.2.8. The Progressive Multiplier recruitment marketing platform provided through the Services is not named in a manner that misleads its users or visitors into thinking that the Customer is another person or company, which it does not have permission to represent.

6.2.9. By submitting Content for inclusion in its recruitment marketing platform, the Customer grants Progressive Multiplier a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting same recruitment marketing platform. If the Customer deletes Content, Progressive Multiplier shall use reasonable efforts to remove it from the Progressive Multiplier Mobolt Software used internally by Progressive Multiplier to provide the Services, but the Customer acknowledges that caching or references to the Content may not be made immediately unavailable. The Customer retains all ownership and copyright to its Content.

6.3. Disclaimer of Warranties. Customer acknowledges and agrees that it is not relying on any statement or warranty not expressly provided herein with respect to the Services or maintenance, or other services provided hereunder. Customer acknowledges and agrees that Progressive Multiplier has no control of availability of the Services on a continuous or uninterrupted basis. In no event shall Progressive Multiplier be liable to Customer under contract or tort or under any other theory in the event of the Services being inaccessible or inoperable for any reason whatsoever. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND Progressive Multiplier MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

6.4. No Modifications. Notwithstanding anything to the contrary in this Section, any and all warranties under this Agreement are VOID if Customer has gained access to and made changes to the Progressive Multiplier MoBolt Software or has permitted any changes to be made other than by or with the express, written approval of Progressive Multiplier.

LIMITATION OF LIABILITY & INDEMNIFICATION

7.1. Liability Cap. IN NO EVENT SHALL Progressive Multiplier BE LIABLE TO CUSTOMER FOR ANY AMOUNT GREATER THAN THE COMPENSATION PAID BY CUSTOMER TO Progressive Multiplier UNDER THE AGREEMENT IN THE SIX (6) MONTH PERIOD PRIOR TO THE CLAIM THAT GAVE RISE TO THE DAMAGES (“CAP”) AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CUSTOMER’S SOLE REMEDY IN CONNECTION WITH Progressive Multiplier’S BREACH OF THIS AGREEMENT SHALL BE THE NUMBER OF CLICKS EQUIVALENT TO THE CASH VALUE OF THE CAP.

7.2. Disclaimer of Damages. IN NO EVENT SHALL Progressive Multiplier BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CUSTOMER MAY NOT ASSERT ANY CLAIM AGAINST Progressive Multiplier RELATED TO THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER SUCH CLAIM ACCRUED.

7.3. Indemnification. Customer shall defend, indemnify and hold Progressive Multiplier and its affiliates and their employees, officers, members, and agents harmless, from and against any and all losses, damages, liabilities, claims, demands, suits, expenses and any other out-of-pocket costs (including reasonable attorneys’ fees and expenses) which Progressive Multiplier may incur or be liable for arising out of any claim, suit or proceeding made or brought against Progressive Multiplier based upon, arising out of, or relating to (i) Customer’s breach of any representation or warranty contained herein; (ii) Customer’s job postings or other content provided via the Services; or (iii) Customer’s use of the Services.

7.4. If the Progressive Multiplier MoBolt Software used internally by Progressive Multiplier to provide the Services or the Services becomes, or in Progressive Multiplier’s opinion is likely to become, the subject of an infringement claim, Progressive Multiplier may, at its option and sole discretion, (i) obtain for Customer the right to continue to use the Services as provided in this Agreement; (ii) replace the Services with another service that provides similar functionality; or (iii) if Progressive Multiplier determines that neither of the foregoing options are reasonably available, Progressive Multiplier may terminate this Agreement as to the infringing Services and will refund to Customer any prepaid fees for which services have not been rendered. The foregoing remedies are Customer’s sole remedies if any of the Services are found, or likely to be found, to infringe on an intellectual property right.

TERM AND TERMINATION

8.1. Termination by Progressive Multiplier. This Agreement and any IO provided hereunder may be terminated by Progressive Multiplier (i) on five (5) days written notice to Customer if Customer fails to perform any material obligation required of it hereunder; or (ii) Customer files a petition for bankruptcy or insolvency, has an involuntary petition filed against it, commences an action providing for relief under bankruptcy laws, files for the appointment of a receiver, or is adjudicated a bankrupt concern.

8.2. Termination by Customer. This Agreement may be terminated by Customer on five (5) days written notice for any or no reason.

8.3. Termination. Upon termination of this Agreement, Customer shall no longer be provided the Services and shall no longer have any access to or any right in use of the Services or the Customer Progressive Multiplier MoBolt Website.

8.4. Other Remedies. Termination of this Agreement shall not limit either party from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve Customer’s obligation to pay all fees that have accrued or are otherwise owed by Customer under this Agreement.

MISCELLANEOUS

9.1. Compliance With Laws. Customer agrees to comply with all applicable laws, regulations, and ordinances relating to its performance under this Agreement. The parties agree that the Agreement shall not be governed by the United Nations Convention on the International Sale of Goods or by UCITA, the application of which is expressly excluded.

9.2. Relationship Between Customer and Progressive Multiplier. Progressive Multiplier represents and warrants that it is an independent contractor with no authority to contract for Customer or in any way to bind or to commit Customer to any agreement of any kind or to assume any liabilities of any nature in the name of or on behalf of Customer. Under no circumstances shall Progressive Multiplier hold itself out as or be considered an agent employee, joint venture, or partner of Customer. Progressive Multiplier will perform the Services and will determine, in its sole discretion, the manner and means by which the Services are accomplished, subject to the requirement that Progressive Multiplier shall at all time comply with the applicable law. Customer has no right or authority to control the manner or means by which the Services are accomplished. Progressive Multiplier agrees to furnish all tools and materials necessary to accomplish the Services.

9.3. Assignment. Customer may not assign or otherwise transfer this Agreement or any IO provided hereunder whether by operation of law, change of control, or in any other manner, without the prior written consent of Progressive Multiplier. Any assignment or transfer in violation of this Section shall be null and void.

9.4. Survival. The provisions set forth in Sections 4, 5, 6.2, 6.3, 7, 8.4, and 9 of this Agreement shall survive termination or expiration of this Agreement and any applicable IO hereunder.

9.5. Notices. Any notice required under this Agreement shall be given in writing and shall be deemed effective upon delivery to the party to whom addressed. All notices shall be sent to the applicable address specified on the face page hereof or to such other address as the parties may designate in writing.

9.6. Force Majeure. Except for Customer’s payment obligations, nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental action, failure of suppliers, earthquake, or any other reason where failure to perform is beyond the reasonable control of the non-performing party.

9.7. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect thereto. For purposes of this Agreement, use of a facsimile, e-mail or other electronic medium shall have the same force and effect as an original signature.

9.8. Modifications. The parties agree that this Agreement cannot be altered, amended or modified, except by a writing signed by an authorized representative of each party.

9.9. Publicity. Progressive Multiplier shall retain the right to publish and display Customer’s logo and name in Progressive Multiplier’s portfolio and website, and in periodicals and other media or exhibits for the purposes of recognition of excellence or professional advancement or as part of a customer list. Either party, subject to the other’s approval in writing, may describe its role in relation to this Agreement and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website. Customer shall not release any publications or press releases about the relationship between Progressive Multiplier and Customer governed by the terms of this Agreement without the prior consent of Progressive Multiplier.

9.10. No Waiver. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.

9.11. Severability and Reformation. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

9.12. Choice of Law. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS OF ANY STATE OR JURISDICTION. ANY ACTION ARISING OUT OF, OR RELATED TO, THIS AGREEMENT SHALL BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN AUSTIN, TEXAS AND EACH PARTY HEREBY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

9.13. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be determined by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Rules, including the optional rules regarding emergency relief. The number of arbitrators shall be one (1), and the place of arbitration shall be Austin, Texas, U.S.A., and the language of the arbitration shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator.

Progressive Multiplier GENERAL EEA SAFE HARBOR NOTICE (recognized until October 6, 2015)

Scope of Safe Harbor Certification

Progressive Multiplier, Inc. (“Progressive Multiplier” or “we”) recognize that the European Community has established a data protection regime pursuant to Directive 95/46/EC, which applies to the European Economic Area (“EEA”) and that Switzerland (“CH”) has also established a data protection regime which applies to CH that restricts companies in the EEA/CH in transferring personal data about individuals in the EEA/CH to the United States, unless there is “adequate protection” for such personal data when it is received in the United States. To create such “adequate protection” and allow our subsidiaries and business partners to overcome the restriction on international data transfers established by the Directive and Swiss legislation, we adhere to the Safe Harbor Privacy Principles published by US Department of Commerce (“Safe Harbor Principles”) with respect to personal data about individuals in the EEA/CH that we receive from our subsidiaries, customers and other business partners. Our Safe Harbor Certification does not extend to data that we receive directly through Progressive Multiplier’s publicly accessible websites. More information on the Safe Harbor Principles and Progressive Multiplier’s scope of participation is available at https://safeharbor.export.gov/companyinfo.aspx?id=27770.

Scope of this Notice

This Notice does not apply to employees of Progressive Multiplier or our subsidiaries; this Notice addresses other data subjects residing in the EEA and CH (collectively, “EEA Persons”) whose data we may receive from one of our subsidiaries, customers, suppliers or other business partners in the EEA/CH e.g., referral partners, integration partners, etc.

Categories of EEA Data

We receive certain information related to individual independent contractors, and employees and individual representatives of Progressive Multiplier’s corporate business partners (including vendors and advertising customers). Such EEA/CH Data includes, without limitation, names, addresses, work phone numbers, work email addresses, and any other personal data that are affirmatively provided to Progressive Multiplier, Inc. in order to manage our business relationship.

We also provide data processing services to affiliated and unaffiliated entities. Subject to a data-processing agreement including EU-approved standard contractual clauses, we process any information that such entities instruct us to process, on their behalf and subject to their direction, such as resume data of persons in the EEA/CH. When we receive EEA/CH Data from another company in the EEA/CH for processing, the categories of data sent and the purposes of processing depend on such other company (the data controller) and on the relationship the data controller has with the relevant data subjects.

Purposes

We collect and use EEA Data for purposes of providing products and services to our customers, communicating with corporate business partners about business matters, processing EEA Data on behalf of corporate customers, providing information on our services, and conducting related tasks for legitimate business purposes.

Disclosure

We share EEA Data with our subsidiaries, affiliates and contractors, who process EEA Data on behalf of the Progressive Multiplier Group, according to a data-processing agreement including EU-approved standard contractual clauses. We may also share EEA Data with other third parties for the purposes for which we receive the EEA Data (e.g., performance of contractual obligations and rights), and we may also disclose EEA Data where we are legally required to disclose (e.g., under statutes, contracts or otherwise) or the disclosure is permitted by law or the Safe Harbor Principles and we have a legitimate business interest in such disclosure.

With respect to marketing emails, EEA Persons may opt-out of receiving further email marketing communications from Progressive Multiplier by sending an email to opt-out @ Progressive Multiplier.com (remove spaces when sending email) or by following opt-out instructions that are contained in each marketing email. EEA Persons may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for us to provide the requested services.

Access and Review

If you are an EEA Person about whom we hold EEA Data, you may request access to, and the opportunity to update, correct or delete, such EEA Data. Deletion is subject to Progressive Multiplier’s rights and obligations under EU and national law to preserve data. To submit such requests or raise any other questions, please contact Progressive Multiplier or the business that provided your EEA Data to us. You can also contact our Safe Harbor Contact. We reserve the right to take appropriate steps to authenticate an applicant’s identity, to charge an adequate fee before providing access and to deny requests, except as required by the Safe Harbor Principles.

Safe Harbor Contact

If you have questions, please contact Progressive Multiplier by sending a letter or email to Progressive Multiplier Privacy Program, Progressive Multiplier, Inc., c/o Legal Department, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA or privacy-office @ Progressive Multiplier.com (remove spaces when sending email).

Progressive Multiplier Vulnerability Reward Program

Program Description

As part of Progressive Multiplier’s commitment to the security of our job seekers, advertisers, and publishers, we partnered withBugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in a Progressive Multiplier product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in Progressive Multiplier’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered.

Legal Notes

Progressive Multiplier will not issue rewards to researchers from countries on sanctions lists (e.g. – Cuba, Iran, North Korea, Sudan, and Syria). There may be additional restrictions on your ability to enter depending upon your local laws. Your testing must not violate any law, or disrupt or compromise any data that is not your own.

PRIVACY POLICY

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