Terms of Service

Below you will find 3ZenX ’s terms and conditions and information about our cookie and privacy policies. We know we are giving a great deal of information. 3ZenX  does this for a reason: we want you to have as much knowledge about what we do for you at 3ZenX  as is possible. We do not want you to wonder about any of our processes or procedures or guess as to what your interaction with 3ZenX  means. We want you to understand it, which is why we must explain it in detail. We urge you to read these terms or any section of interest to you. You are agreeing to proceed under them.

3ZenX  General Terms of Service

Last Updated: May 24, 2023

Introduction to 3ZenX ’s Terms of Service

Each time you access or use 3ZenX ’s online and/or mobile services and websites, including any 3ZenX  mobile application and browser extension or plugin, regardless of where it is downloaded from (collectively, the “3ZenX  Apps”), and any software, service, feature, product, program and element  (including e-mail messages, notifications, and other messages) provided by or on behalf of 3ZenX  on or in connection with such services or websites (collectively, the “Site”), including any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:

For Job Seekers:

· If you are located within the United States, the Site is provided by 3ZenX , 6433 Champion Grandview Way, Building 1, Austin, TX, 78750

· If you are located in Japan, the Site is provided by 3ZenX Japan K.K.

· If you are located outside of the United States or Japan, the Site is provided by 3ZenX Ireland Operations Limited.

For Employers :

· If you are located in Brazil, Employer services are provided by 3ZenX Brasil Pesquisa de Empregos Ltda., Rua Fidêncio Ramos, 302, Torre B, 12º andar, São Paulo, SP, 04551-010, Brasil.

· If you are located in the United States, Employer services are provided by 3ZenX , Inc., 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA.

· If you are located in India, Employer services are provided by 3ZenX India Operations (Pte.) Ltd., Ground Floor, Block C, Divyasree Omega Hitech City Road, Kondapur, Hyderabad TG 500084 India, solely with respect to Employer’s use of the 3ZenX  Ads Program and 3ZenX  Resume Program, if any, if and when you are in India (“3ZenX  India”), and/or

· If you are located in the Asia-Pacific Region*, Employer services are provided by 3ZenX Singapore Operations (Pte.) Ltd., 10 Collyer Quay #24-01, Ocean Financial Centre, Singapore 049315.

· If you are located in Japan, Employer services are provided by 3ZenX Japan K.K., 6th Floor, Sumitomo Fudosan Azabu-juban Bldg. 1-4-1, Mita, Minato-ku, Tokyo 108-0073, Japan.

· If you are primarily supported by 3ZenX ’s UK office, Employer services 3ZenX UK Operations Ltd., Ground Floor, 20 Farringdon Road, London EC1M 3HE, United Kingdom.

· If you are primarily supported by 3ZenX ’s France office, Employer services are provided by 3ZenX France SAS, 29 Rue de Berri, Washington Plaza – 4th floor, 75008 Paris, France.

· If you are located in Canada, Employer services are provided by 3ZenX Canada Corp., 2 Bloor West, 12th Floor, Toronto, ON M4W3E2, Canada.

· If you are primarily supported by 3ZenX ’s Italy office, Employer services are provided by 3ZenX Italy S.r.l., Piazza Filippo Meda 3, Milano, CAP 20121, Italy.

· If you are primarily supported by 3ZenX ’s Germany office, Employer services are provided by 3ZenX Deutschland GmbH, Theo-Champion-Straße 2, 40549 Düsseldorf, Germany.

· In all other respects, Employer services are provided by 3ZenX Ireland Operations Limited, Capital Docks, Sir John Rogerson’s Quay, Dublin 2, Ireland, in all other respects (“3ZenX  Ireland”).

For Publishers:

· 3ZenX , 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (“3ZenX , Inc.”)

Any references to “3ZenX ” or “we” in this Agreement shall mean the applicable entity as set forth above.

*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.

The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search (“Job Seekers”), by individuals and/or organizations seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Employers”), and by individuals and/or organizations seeking to participate in the 3ZenX  Publisher Program (“Publishers”). 3ZenX  may also act as an employment agency on behalf of Employers who purchase such services, through its affiliates such as 3ZenX  Hire, Inc. You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement. If you are using assistive technology to access the Site and you need help, you can call 3ZenX  at 1-800-462-5842 (United States) or 1-866-439-8615 (Canada), or you can email accessibility @ 3ZenX .com. You acknowledge that 3ZenX  owns a copyright in the Site, 3ZenX  Apps, and Services, including in compilations of information available through any of the foregoing.

3ZenX  may reject, remove, or limit visibility to any User Content (as defined below), and 3ZenX  may disable any account or restrict your ability to use all or parts of the Site, for any or no reason without notice. Although 3ZenX  may indicate why User Content or an account has been removed or disabled, we cannot give every reason why User Content or an account may be removed. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users’ interest.

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” legends in each section of the terms and conditions indicate 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.

Please note that 3ZenX  and its affiliates are directly or indirectly owned by a publicly traded Japanese parent company, Recruit Holdings Co., Ltd.

We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Please view our full Modern Slavery Act statement for more details.

You can view the 3ZenX  India Operations Private Limited Corporate Responsibility Policy.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by 3ZenX  through the Site, or otherwise made available to you by 3ZenX . In particular:

· If you access or use the 3ZenX Ads Program (free and sponsored job postings, targeted ads, or organizing virtual hiring events) you are agreeing to be bound by the 3ZenX  Ads Program Terms 

· If you access or use the 3ZenX Resume Search Program (seeking candidates for jobs within 3ZenX  Resume/ CV database), you are agreeing to be bound by the 3ZenX  Resume Search Program Terms 

· If you access or use the 3ZenX Assessments (adding assessments into your hiring process), you are agreeing to be bound by the 3ZenX  Assessment Terms 

· If you access or use the 3ZenX API(s), you are agreeing to be bound by the 3ZenX  API Terms 

· If you access or use the 3ZenX for Chrome Extension, you are agreeing to be bound by the 3ZenX  Chrome Terms 

· If you access or use the 3ZenX Hiring Platform (online interviews and other hiring tools), you are agreeing to be bound by the 3ZenX  Hiring Platform Terms 

· If you access or use the 3ZenX Recruiter Extension service, you are agreeing to be bound by the IRX Terms

· If you access or use the 3ZenX Publisher Program, you are agreeing to be bound by the 3ZenX  Publisher Program; and

· For all other uses of the Site, you are agreeing to be bound by the 3ZenX General Terms of Service.

· For more information on 3ZenX ’s Terms, please see our 3ZenX Terms FAQ.

A. Terms of Service for Job Seekers

For purposes of this Section A of the 3ZenX  General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use 3ZenX ’s Site and its content solely for non-commercial purposes.

1. Job Ads or Job Listings

3ZenX  may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through 3ZenX ’s search results or otherwise through the Site. Searching for Job Ads on 3ZenX  is free for Job Seekers. 3ZenX  displays Job Ads based on a combination of compensation paid by employers to 3ZenX  and relevance, such as search terms, and other information provided and activities conducted on 3ZenX . While 3ZenX  may in some circumstances be compensated by employers who post Job Ads, helping keep 3ZenX  job search free for Job Seekers, all Job Ads are considered advertising. 

Job Ads are created and provided by third parties over whom 3ZenX  exercises no control; you acknowledge and understand that 3ZenX  has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although 3ZenX  endeavors not to make such Job Ads available on the Site. If you leave the 3ZenX  Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. 3ZenX  has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that 3ZenX  has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. 3ZenX  assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, or other information submitted by any Employer or other user.

When you initiate a job application on a website operated by an Employer or its applicant tracking system, 3ZenX  may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that 3ZenX  has no control over such an Employer or its website. You agree to 3ZenX ’s use of, and receipt of information from, any such tracker functionality.

3ZenX  may provide independent functionality to assist you. For example, 3ZenX  may provide search options to help you narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by 3ZenX , and may not directly or accurately reflect the content of the Job Ads. 3ZenX  may reformat Job Listings so that you may read them more clearly on a mobile phone. 3ZenX  may also promote Job Ads by select Employers on certain pages or websites dedicated to a specific topic, such as inclusive hiring, military-friendly job posts, or the gig economy (such as 3ZenX  Gigs). The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer. 3ZenX  does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Ads, and no  inferences can be drawn with respect to Job Ads or Employers that are not displayed on dedicated pages. 3ZenX  may also provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. 3ZenX  cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.

2. Resume and Profile

By creating a searchable resume through the Site (“3ZenX  Resume”) or uploading a file resume on the Site (collectively, “Your Resume” or “Job Seeker Resume”), you are requesting and authorizing 3ZenX  to make available Your Resume to anyone accessing our Site, such as Employers that 3ZenX  believes may have an interest in Your Resume, users of 3ZenX ’s Resume Search Program, or anyone with access to the URL associated with your searchable resume. We offer you the option to make Your Resume searchable on 3ZenX  to help you find a job. You are responsible for keeping Your Resume accurate and up-to-date.

When you provide Your Resume on 3ZenX , Your Resume is set to searchable on 3ZenX  (“Searchable”) by default. If you do not want 3ZenX  to make available Your Resume to third parties or if you do not want Employers to contact you, set your 3ZenX  Resume and uploaded file resume to not searchable on 3ZenX  (“Not Searchable”). Resumes that are not searchable on 3ZenX  are only made available to those to whom the Job Seeker has submitted an application or provided their resume. Applying to jobs or otherwise sharing Your Resume with Employers may result in Your Resume being copied and published even if it is set to Not Searchable. While you may change Your Resume privacy settings at any time, setting Your Resume to Not Searchable will not affect your previous applications or prevent employers you responded to from contacting you. Resumes set to Searchable, including yours, can be copied by search engines and other third parties accessing the Site, who can then make those Resumes publicly available elsewhere. 3ZenX  does not  control such third parties. If Your Resume is copied in this manner, then setting it to Not Searchable on 3ZenX  will not affect those third parties or the copies they have made of Your Resume. Changes to Your Resume on the Site may or may not be reflected on copies made by third parties. If You do not want Your Resume to ever be publicly visible or copyable, You must keep it set to Not Searchable. 3ZenX  assumes no responsibility and disclaims all liability for Your Resume or application information that you share with Employers or otherwise make public. You can read more about resume privacy here.

By creating or uploading Your Resume, you are requesting and authorizing 3ZenX , or an 3ZenX  vendor, to review or scan Your Resume and provide you feedback (in 3ZenX ’s discretion), including suggested changes. We may also provide you with feedback through additional resume review services, such as helping you understand how your resume may be parsed by applicant tracking system software, feedback on ways to build a more effective resume, or a personalized resume review video. We provide this feedback directly to you, and may give you the ability to access it within your account. It is not made available to Employers. You agree that your use of any feedback or other information provided through resume review services is at your sole discretion. 3ZenX  assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback.

By creating an 3ZenX  Resume or uploading a file resume on 3ZenX , 3ZenX  may share with you Job Ads that match the contents of Your Resume. 3ZenX  may also highlight to you items in Your Resume that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from Your Resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where 3ZenX  highlights items or a Job Ad is shared with you, 3ZenX  assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By uploading a file resume on the Site, you agree that 3ZenX  may convert your file resume to a different file type. It is your responsibility to review Your Resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact 3ZenX  to do so. It may take a few days for updates to your account or Your Resume to be reflected. 3ZenX  assumes no responsibility and disclaims all liability for Your Resume or other application information you post, send or receive through the Site.

If you have an 3ZenX  account, an 3ZenX  Resume, or an uploaded file resume, you agree that 3ZenX  may associate Your Resume data with your profile on 3ZenX  (“3ZenX  Profile”). Your 3ZenX  Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your 3ZenX  Resume, your scores on any 3ZenX  Assessments you may have taken, and any information that you choose to include, such as your desired job title, job types, work schedule, whether you are ready to work, or pay. Information in your 3ZenX  Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers. If you do not want 3ZenX  to make your 3ZenX  Profile available to third parties or if you do not want Employers to contact you, set your 3ZenX  Resume and uploaded file resume to Not Searchable or remove Your Resume. Your response to an 3ZenX  Assessment will be associated with your 3ZenX  Profile. You may choose whether your 3ZenX  Assessment response is available to Employers viewing your 3ZenX  Profile. You can enable the ready to work feature on your profile to let Employers know that you can start work immediately. 3ZenX  may disable that feature from your profile after a certain time, but you can manually enable it again.

To mitigate fraud, 3ZenX  may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your 3ZenX  Profile, Your Resume, or application, and may substitute it with an alias. 3ZenX  makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in 3ZenX ’s sole discretion. 3ZenX  may also mask some or all of the Employer’s contact information, or an Employer may choose to mask their contact information when they contact you. In either case, you agree to an Employer contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you. 3ZenX  reserves the right to limit your ability to set Your Resume to Searchable, and may toggle a public resume to Not Searchable, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in 3ZenX ’s discretion. 3ZenX  makes no guarantee that Your Resume will be shown to any particular Employer or that any portion of the 3ZenX  Resume database will be available to an Employer at any particular time.

3. Applying to Jobs Through 3ZenX

Any resume or application information that you submit through the Site, including Personal Data included in a resume, application or responses to screener questions and assessments (“3ZenX  Apply”), is subject to this Agreement (including Section D.3.) and to 3ZenX ’s Privacy Policy (all references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with 3ZenX ”,  “RSVP to hiring event” or any similar references mean  “3ZenX  Apply.”). To maintain the quality of the Site and Services, 3ZenX  in its sole discretion may impose limits on your ability to apply to Job Listings or to other 3ZenX  services.

You acknowledge that prior to submitting an application through 3ZenX  Apply, you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, email, interview material or otherwise), 3ZenX  does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. Unsubscribing from calls from Employers through 3ZenX  does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the Employer directly to request such alternative method, as  3ZenX  is not responsible for the Employer application process.

When you ask 3ZenX  to submit your application or other information through 3ZenX  Apply, you are sending Your Resume and application information to 3ZenX , and you are requesting and authorizing 3ZenX  to make available such application information to the applicable Employer(s) for the indicated Job Listing(s). You further agree to 3ZenX ’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask 3ZenX  to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via 3ZenX  Apply or 3ZenX ’s relay system, or store such application, you understand that this is without warranty, and that 3ZenX  reserves the right to reformat such application or message. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through 3ZenX  being processed and analyzed by 3ZenX  according to this Agreement and 3ZenX ’s Privacy Policy.

You acknowledge and agree that Employers may request that 3ZenX  assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to 3ZenX  into one document, and you agree that in doing so, 3ZenX  assembles these application materials on your behalf. When you apply to a job using 3ZenX  Apply, 3ZenX  will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) or other service provider selected by the Employer. You agree that Employers can enable such service providers to access and manage their 3ZenX  accounts, including by connecting to and integrating with APIs provided or used by 3ZenX . By applying for a job through 3ZenX , you agree to Employer’s use of such service providers, and acknowledge that such use may involve an intermediary’s access to job applications sent to its Employer client. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. 3ZenX  also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. 3ZenX  depends on the Employer or the Employer’s agent to provide 3ZenX  with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Employers. If the electronic destination provided to 3ZenX  is incorrect, your application materials will not be sent to the intended recipient of the application. Further, 3ZenX  does not guarantee that the interface will be error-free. However, 3ZenX  may alert you when any of the above events occur.

Please note that Job Ads may expire between the time you submit your application and from the time it is received. 3ZenX  has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad’s expiration, and 3ZenX  and its third party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site. We also cannot vouch for  the technical capabilities of any third party sites, including but not limited to ATSs. Third party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored by 3ZenX  on 3ZenX ’s or third party providers’ servers, do not use the 3ZenX  Apply or 3ZenX  relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through 3ZenX . By using the 3ZenX  Apply system, you fully consent to the above.

By using 3ZenX , you agree that 3ZenX  is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that 3ZenX  does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that 3ZenX  does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You must contact the Employer if you require alternative methods of screening. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. 3ZenX  cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. 3ZenX  does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. 3ZenX  cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. 3ZenX  recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. 3ZenX  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. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

By using 3ZenX  Apply and answering screener questions, you acknowledge that Employers may have instructed 3ZenX  to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that 3ZenX  has no discretion in the transmission of these rejections. 3ZenX  may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing 3ZenX  to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer, unless the Employer indicates to 3ZenX  their interest in your application. You acknowledge and agree that 3ZenX  has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application on 3ZenX  within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by 3ZenX  (for example, calling or emailing you directly instead of through an 3ZenX  Relay Service) are not visible to 3ZenX , and would not by themselves prevent an Employer Assist rejection notice from being sent. 3ZenX  assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of any Employer Assist notices.

By using 3ZenX  Apply and answering screener questions, you acknowledge that Employers may have instructed 3ZenX  to schedule interviews with Job Seekers who meet criteria (based on information the Job Seeker has provided to 3ZenX , such as answers to screener questions, resume, and 3ZenX  Assessment Responses) that the Employers have selected, and based on the Employers’ availability. You agree that 3ZenX  has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the availability or criteria the Employer provided to 3ZenX  may not be accurate. 3ZenX  may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately your and the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time.

When you search for jobs on the 3ZenX  Job Search app and proceed to apply for a job, including jobs on third party sites, 3ZenX  may suggest information from your 3ZenX  profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.

For Job Seekers located in Japan, you acknowledge that when 3ZenX  is presented as 3ZenX  Agent (hereinafter referred to as “3ZenX  Agent Japan”), 3ZenX  is acting as an employment placement business provider (as defined under applicable law). 3ZenX  Agent Japan offers the services in accordance with these terms and the rules set forth in its website. 3ZenX  Agent Japan will only send you Job Listings that 3ZenX  Agent Japan determines may be of interest to you. You may also end your relationship with 3ZenX  Agent Japan at any time.

You acknowledge that as part of its efforts to combat fraud and spam, 3ZenX  may require that users verify their email address. When you apply to a job through 3ZenX , you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.

4. Job Matching and Recommended Jobs

Job matches are recommendations which may be presented to both you as a Job Seeker and to Employers in various formats on the Site. For example, 3ZenX  may recommend Job Ads which are similar to jobs to which you recently applied, or recommend Resumes to Employers which match Job Ads they post. Job matching is provided to you on a beta basis and is subject to our Beta Program (see section 9 of the Terms of Service for All Users).

To generate matches, 3ZenX  uses data collected through our Site from both Employers and Job Seekers. This includes Job Ads, Your Resume, your application materials (including responses to screener questions), 3ZenX  Assessments, and your activity on 3ZenX  (such as searches you run and Job Ads you click on and apply to). You agree and consent that 3ZenX  may use this information to present potential matches to you and to potential Employers.

3ZenX  may automatically send you recommended jobs via the email address you use to apply to a job or the email that is associated with your 3ZenX  account.

5. Communications and Other Actions on the Site

When you view, send, store or receive communications or materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information)  on or through the Site, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other 3ZenX  policies, content moderation, and to improve the Site or any other 3ZenX  product or service whether via automated means or otherwise.

When an Employer views, sends, stores or receives communications or materials through or using the Site, 3ZenX  may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. 3ZenX  may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online, recently active, or active on 3ZenX , and you hereby consent to 3ZenX  taking such actions. As part of this functionality, you may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, 3ZenX  Apply, 3ZenX  Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through 3ZenX . 3ZenX  disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

3ZenX  may offer you the opportunity to receive a text message interview reminder from 3ZenX  when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the 3ZenX  consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. 3ZenX  will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone, including messages sent by automated telephone dialing system. You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. 3ZenX  only calls the number that you generated and stored when you provided your number to 3ZenX . In the event you change your phone number, you agree to promptly update your 3ZenX  account with the new number. You agree that by providing your phone number or using the Site, you are establishing a business relationship with 3ZenX  and that 3ZenX  may send you text messages in connection with that relationship.  

3ZenX  may offer you the ability to utilize a text messaging relay service to facilitate contact for the purpose of submitting applications and for other communications related to Job Listings (“Text to Apply”). 3ZenX  may also offer you the ability to utilize a QR scanning service to facilitate contact for the purpose of submitting applications and for other communications related to Job Listings (“Scan to Apply”). To use Text to Apply, a Job Seeker must text an Employer’s preset keyword (“Keyword”) to a telephone number which may be included in the Employer’s advertising materials, such as a sign, flyer or other materials or items that Employers display which contain a Keyword and phone number or QR code (“Sign”). To use Scan to Apply, a Job Seeker must scan the QR code displayed on a Sign. You agree that 3ZenX  is not responsible for the content or placement of any Sign. By texting Keyword to the telephone number, you are consenting to receive text messages about the Employer’s Job Listings. You understand that a Keyword or QR code may be inactive or unavailable when you text the phone number or scan the QR code. You also understand and agree that messages and data rates may apply as a part of your use of Text to Apply. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to send or receive such text messages. You represent and warrant that you are the subscriber and primary user of the telephone number from which you use Text to Apply. You acknowledge and agree that when you text the assigned Keyword to the phone number provided, 3ZenX  shall respond with a text message containing a link showing the sponsored Job Ads that the Employer has associated with Text to Apply, as applicable. 

3ZenX  may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by 3ZenX . Your standard calling rates with your phone provider will apply.

3ZenX  may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that 3ZenX  is not responsible or liable for the manner in which the Employer uses the info. 3ZenX  may group messages together as part of a conversation on 3ZenX  Messages. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with an Employer through 3ZenX , the Employer sender’s information may be displayed in different ways, for example, you may see the Employer’s company name or the name of the specific person sending the message, but you may not see all that info in all circumstances. If an Employer sends an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third party email client), this may affect the way messages on 3ZenX  are displayed. In this case, it is best to view the email conversation in the third party email client. Should you choose to send an email from a third party email client, the person with whom you are communicating may be able to see your email address, rather than the alias.

3ZenX  may enable chatbots, which allows you to take certain actions on the Site, such as apply to a job, schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. 3ZenX  is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) the Chatbot or from the information you submit via the Chatbot.

3ZenX  reserves the right to turn on or enable chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that chat or other communication options are available for a particular job or Employer. For example, you may see an option to chat with an Employer before applying to certain jobs. Whether or not you see that option depends on many factors, including whether the Employer turned on that functionality and the Employer and/ or Job Listing meet certain requirements. 3ZenX  may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.

If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser. If you have turned on mobile push notifications and wish to turn them off, you may do so through your mobile device.

It is possible to create an 3ZenX  account with a phone number only and no email address (“PNO Accounts”) in certain countries. If you create a PNO Account, you understand and agree that there are limitations to using such an account. Such limitations include the following: (i) if you forget your password, you may not be able to recover it or regain access to your PNO Account and the data contained in your PNO Account, (ii) if you change your phone number, you will lose access to your PNO Account if you do not change the phone number on your PNO Account before you lose access to your old number and (iii) you can only create a PNO Account if you have a WhatsApp account.

To unsubscribe at any time from non-transactional WhatsApp messages connected to your PNO Account, reply STOP by WhatsApp to the relevant message. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. Please note that since PNO Accounts depend on the functionality of third-party providers, there may be technical issues on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive WhatsApp messages. You represent and warrant that you are the subscriber and primary user of the telephone number registered on your PNO Account. 3ZenX  accepts no liability regarding phone numbers in PNO accounts being recycled or Job Seekers losing access to such phone numbers.

3ZenX  Interview Updates and Recruiter Invitations

If you have consented to receiving text messages with updates (i) about upcoming interviews scheduled on 3ZenX  (“3ZenX  Interview Updates”) or (ii) from Employers interested in Your Resume (“Recruiter Invitations Messages”), the terms in this paragraph apply to you. 3ZenX  Interview Updates may include confirmation messages, messages reminding you about 3ZenX  Interviews and messages regarding cancellations. You can cancel the 3ZenX  Interview Updates and Recruiter Invitations Messages at any time by texting “STOP” to the relevant short code. If you want to unsubscribe from both categories of messages you must text “STOP” to both short codes. After you send the text message “STOP”, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive 3ZenX  Interview Updates or Recruiter Invitations Messages (as applicable). If you want to join again, sign up as you did the first time and we will start sending the relevant messages. If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can get help here. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent by you to 3ZenX , and by 3ZenX  to you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. Virtual Communications

Employers may offer you the opportunity to participate in virtual, pre-recorded, and remote communications using 3ZenX  products, including but not limited to, 3ZenX  Interview, 3ZenX  Hiring Platform, Virtual Evaluations, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that 3ZenX  is not a telecommunications service provider and that 3ZenX  is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. 3ZenX  does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. 3ZenX  is not liable for any claims arising out of your use of Virtual Interviews and you release 3ZenX  from any such claims.

You understand that 3ZenX  does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.

NOTICE – Virtual Interviews May be Recorded: You understand that an Employer may enable the recording of a Virtual Interview or you may be given the option to pre-record an interview to provide to the Employer. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by or on behalf of an Employer on Virtual Interview. If you do not agree to be recorded, you must refrain from pre-recording an interview or you must immediately leave the Virtual Interview. By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that 3ZenX  and third party providers can store, access and analyze the recording.  Also, you agree that an Employer that receives pre-recorded interviews or activates the recording function, can access, store, use, analyze, and share the recording, and that this activity is outside of 3ZenX ’s control. YOU FURTHER AGREE THAT 3ZenX  IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE 3ZenX  FROM ANY SUCH CLAIMS.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3ZenX  IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. 3ZenX  ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT 3ZenX  DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT 3ZenX  DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

1. Screening Tools

3ZenX  may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. 3ZenX  is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by 3ZenX . The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”.

3ZenX  does not act as an employment agency by offering screening tools. By using screening tools, you acknowledge and agree that 3ZenX  is not procuring employees for Employers or procuring opportunities to work for Job Seekers. 3ZenX  merely provides a tool enabling Employers and Job Seekers to exchange information as they determine. The sole responsibility for the content of any screening tools, 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 screening tools, is solely with Employers or Job Seekers as applicable.

You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While 3ZenX  is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and 3ZenX  does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.

8. 3ZenX  Assessments

3ZenX  Assessments is an online tool for the provision and review of skills assessments selected by Employers (“Assessments”) and responses from Job Seekers (“Responses”) through the Site. Employers may use the 3ZenX  Assessments tool to send you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use the 3ZenX  Assessments platform to review the Response.

An Assessment only evaluates a particular skill. It does not evaluate a Job Seeker’s qualification for any job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer. An Employer is the sole party to determine whether a Response indicates a qualified Job Seeker. Employers may have instructed 3ZenX  to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that 3ZenX  has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.

You acknowledge and understand that Employers (or their employment agencies) select which Assessments to associate with their job openings, and that 3ZenX  does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment. 3ZenX  may provide a means by which you may request and receive additional time on Assessments. 3ZenX  may provide a means by which you may request such an alternative method or other accommodation from the Employer; 3ZenX  does not guarantee the Employer’s receipt of, or response to, any such request. While 3ZenX  is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and 3ZenX  does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree that 3ZenX  is not responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law, and that the responsibility for offering any such alternative method lies solely with EmployersIf you require an accommodation, or any alternative method(s) of Assessment, screening or application, you must indicate it to the Employer.

You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.

3ZenX  does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response on the Site, and may exclude or remove any Assessment or Response from the Site for any or no reason without liability or notice. Assessment links sent to you may continue to be active after an Employer has paused or closed their job campaign on 3ZenX . Once an Employer pauses or closes their Job Ad (for example, after the Employer has made a hire), 3ZenX  cannot guarantee that the Employer will view any related notices or updates, including Assessments, Responses, and accommodation requests. You may still choose to take the Assessment for the purpose of adding its results to your 3ZenX  Profile or for another job application.

3ZenX  may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with your 3ZenX  Profile. You may choose whether the Response is available to Employers viewing your 3ZenX  Profile, though 3ZenX  will count the Response for purposes of generating aggregate Response statistics even if Your Response is hidden.

You may be invited to choose to automatically share your Responses to specific Assessments with other employers who request the same skills test from you in the future as part of the job application process. Note that this is a completely separate preference from sharing settings on your 3ZenX  Profile, which only controls whether your results are available on your 3ZenX  Resume. If you choose to automatically share your Responses to specific Assessments with other employers who request the same skills test from you as part of the job application process, you acknowledge that 3ZenX  has no discretion in the transmission or storage of the Assessments Responses you choose to share automatically, and that transmission or storage is not guaranteed.

As a Job Seeker, you consent to your Responses, applications, and any other communications sent through 3ZenX  Assessments being processed and analyzed by 3ZenX  according to this Agreement and 3ZenX ’s Privacy Policy. You are requesting and authorizing 3ZenX  to make your Response available to the Employer providing the Assessment, or (in the case of Assessments selected by you) to any Employer viewing Your 3ZenX  Profile. You understand that this is without warranty, and that 3ZenX  reserves the right to display or reformat Responses in a manner to permit Employers to review your Response together with Responses from other Job Seekers. 3ZenX  may aggregate the results of all Job Seeker-selected Assessments for the purpose of displaying the percentile for Your Response. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment. You also acknowledge that once you have requested that 3ZenX  transmit your Response to an Employer, that request cannot be canceled. 3ZenX  does not guarantee that any Employer will receive, access, read or respond to any Response, or that there will be no mistakes in the transmission of the data. However, 3ZenX  may alert you when any of the above events occur.

As a Job Seeker, you shall not create or send any Response which: (i) contains any 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; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iii) directly or indirectly violates the Site Rules.

3ZenX  does not act as an employment agency by offering the 3ZenX  Assessments tool. By using 3ZenX  Assessments, you acknowledge and agree that 3ZenX  is not procuring employees for Employers or procuring opportunities to work for Job Seekers. 3ZenX  merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, 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 3ZenX  Assessments, is solely with Employers or Job Seekers as applicable.

As a Job Seeker, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.

3ZenX  is not a third party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not 3ZenX  receives a fee from the Employer in connection with the transaction. 3ZenX  will not be liable for any costs or damages arising out of or related to such transaction.

3ZenX  assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site, the 3ZenX  Assessments tool, and any Assessment or Response.

If you are Job Seeker resident in Germany, the limitation of liability as set out above shall be replaced in its entirety by the following:

3ZenX ’s obligation to pay damages shall be limited as follows:

· (a) For damages caused by a breach of a material contractual obligation, 3ZenX shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract; 3ZenX  shall not be liable for damages caused by a breach of a non-material contractual obligation.

· (b) The limitation of liability as set out above under (a) shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent 3ZenX has assumed a guarantee

9. Career Services

3ZenX  may offer you resume review, resume scan, offer coaching, live video consulting sessions, writing services, general career guidance, or other consultation services (collectively, “Career Services”). By using Career Services, you request and consent that 3ZenX , or an 3ZenX  vendor, provide you with the service you select. You may only use Career Services for advice concerning your own resume, offer, or employment situation and not another person’s.  As a user of the Site, 3ZenX  may also, from time to time, provide you career or hiring guides via blog posts, email, or other channels as part of its services to you. For example, 3ZenX  may provide tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired. 3ZenX  offers these Career Services as optional guidelines for its users and all liability with respect to actions taken or not taken based on the contents of such Career Services are hereby expressly disclaimed.

When filling out forms associated with Career Services, you agree to provide complete and accurate information. Any information you upload through the forms, including a resume, constitutes User Content and shall be treated in accordance with any User Content sections herein. Any career-related or hiring-related information, feedback, guides or other content provided by 3ZenX , or 3ZenX ’s vendor, through Career Services or otherwise, is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services (unless otherwise expressly noted by 3ZenX  in services such as 3ZenX  Agent in Japan). You understand that 3ZenX  may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, 3ZenX  is not acting as a job placement agency or staffing firm (unless otherwise expressly noted by 3ZenX  in services such as 3ZenX  Agent in Japan). You are responsible for reviewing any career or hiring-related information provided to you, for example, for accuracy and completeness. You are also responsible for editing the information before you use it, for example, for an employment application. 3ZenX  is not responsible for the accuracy or completeness of any information that 3ZenX  or its vendor provides you.  You understand that by using Career Services or referring to or using any career or hiring information, you are not guaranteed job interviews, job placement, assurance of being hired, or a higher salary or increased benefit,  and you take full responsibility for use of these services or information.

3ZenX  owns all rights in Career Services and other career and hiring-related material that 3ZenX  provides you, such as video feedback and hiring tips. By using Career Services, 3ZenX  grants you an express, non-exclusive, non-assignable, and non-sublicensable right and license to use materials developed by 3ZenX  or 3ZenX  vendors for you. This license is limited to personal and non-commercial use and any further use is prohibited. 

3ZenX  may offer, as part of Career Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of 3ZenX  and that 3ZenX  is not responsible for the content of any such discussion or any actions taken or not taken based on the contents of such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. 3ZenX  does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, 3ZenX  will have no liability arising from any discussion you have with such a third party. Further, the live video service functionality in Career Services utilizes a video platform created by the third party, Whereby. By using any feature of Career Services that involves live video services, you agree to Whereby’s privacy policy.

Career Services Payment, Cancellation, and Termination. To the extent that you use a paid Career Services offering, you shall be charged as indicated on the Site. Subject to the limited cancellation rights described below, refunds (if any) are at the absolute discretion of 3ZenX  and only in the form 3ZenX  finds appropriate in its sole discretion. You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to 3ZenX  may be shared by 3ZenX  with companies who work on 3ZenX ’s behalf, such as payment processors.

Consumer’s Right to Cancel

The following cancellation provision is applicable only to Job Seekers who are residents of British Columbia and Newfoundland and Labrador, Canada and who have purchased a Career Services offering: You may cancel your purchase of Career Services from the day you enter into the contract until ten (10) days after you receive the services. You do not need a reason to cancel. If you do not receive the services within thirty (30) days of the date stated in the contract, you may cancel the contract within one (1) year of the contract date. Any acceptance of delivery beyond the thirty (30) day threshold forfeits such rights. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial consumer affairs office. If you cancel your purchase of Career Services, 3ZenX  shall have fifteen (15) days to refund your money. To cancel, please contact 3ZenX , Inc. at career-services@3ZenX .com.

Termination 

3ZenX  may cancel all or part of Career Services or we may suspend your access to Career Services at our sole discretion, at any time, with or without prior notice. If you wish to terminate your use of Career Services, you may do so at any time. 3ZenX  may also, in its sole discretion, refuse to offer Career Services to anyone, without providing a reason.

10. Salary and Other Information Provided by 3ZenX

3ZenX  may provide salary and other information and content to users for informational purposes only. For example, 3ZenX  may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by 3ZenX  is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Please note that all salary figures displayed on 3ZenX  are approximations based upon multiple third party submissions to 3ZenX , including from 3ZenX  affiliates. These figures are given to 3ZenX  users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

3ZenX , in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on 3ZenX ”. Employers may also request that 3ZenX  add such labels. 3ZenX  shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that 3ZenX  does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and 3ZenX  does not guarantee the accuracy of such data. 3ZenX  may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description for informational purposes only. 3ZenX  does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads, including data on Job Ads.

3ZenX  may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. 3ZenX  assumes no responsibility, and disclaims all liability for the content, accuracy including the translation of any user generated content which is translated using Google Translate API, completeness, legality, reliability, or availability of any Company Page. Please contact the Employer for the most accurate and up-to-date company information.

11. Your Job Seeker Data

As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and 3ZenX  knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on 3ZenX , and any other information you provide directly to 3ZenX  including desired salary, past experience, any information in your 3ZenX  Profile, and any of your other behavior on the Site. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. By using 3ZenX , you acknowledge and agree that 3ZenX  collects, records, processes, analyzes, and stores any and all information you provide and activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site.

When you initiate a job application on a website operated by an Employer or its applicant tracking system, 3ZenX  may collect certain information about you and any actions taken by you during your visit using automated means, such as via API, cookies and web beacons. The information collected includes, for example, information about Job Listings you viewed and job applications you started and completed. An Employer who provides tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that 3ZenX  has no control over such an Employer or its website. You agree to 3ZenX ’s use of, and receipt of information from, any such tracker functionality.

If you have an 3ZenX  account or a Job Seeker Resume, you agree that 3ZenX  may associate this data with your 3ZenX  Profile and use this observed factual data to suggest jobs to you and to suggest you or your Searchable resume to Employers that might be interested in a person who matches your behavior on 3ZenX . You also agree that 3ZenX  may contact you based on this observed behavior or provided info on behalf of Employers or 3ZenX  itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, 3ZenX  may publicly display the fact that you have recently used the 3ZenX  Site to correspond with a third party. In addition, if you set Your Resume to Searchable, this means that 3ZenX  may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set Your Resume to Not Searchable. When you make changes to your 3ZenX  Profile, including, but not limited to, updating, deleting, or changing settings on Your Resume, it may take a few days for the changes to be reflected.

You may have the opportunity to provide 3ZenX  with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status (“Demographic Information”). By choosing to provide your Demographic Information, you agree that 3ZenX  may use it to evaluate and improve our products, and share aggregate summaries of job seeker information with employers. If you do not want your Demographic Information to be used in this way, do not provide it to 3ZenX  (or, if you have already provided your Demographic Information to 3ZenX , you can request it be removed). You further acknowledge and agree that another Job Seeker’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Job Seeker. 

Please note that 3ZenX  may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that 3ZenX  may receive legal process from courts or law enforcement to reveal user data, including demographic data.

12. 3ZenX  Hiring Platform

3ZenX  Hiring Platform is a platform designed to streamline Employer hiring and employment decision- making processes by allowing users access to various products such as 3ZenX  Interview and related services (“3ZenX  Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by 3ZenX  Hiring Platform. You acknowledge and understand that Employers select the method and manner that 3ZenX  Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES 3ZenX  AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF 3ZenX  HIRING PLATFORM OR SIMILAR PRODUCTS. 3ZenX  DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. 3ZenX  has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that 3ZenX  is not an employment agency by offering 3ZenX  Hiring Platform and related tools. By using 3ZenX  Hiring Platform, you understand that 3ZenX  is not procuring employees for Employer or opportunities for Job Seekers. 3ZenX  merely provides 3ZenX  Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.

13. Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“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 Texas, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, 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 courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. 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, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere. Despite the application of Irish law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

14. Class Action Waiver

By using the Site or any Program Elements (defined below) and in return for the services offered by 3ZenX , you acknowledge that 3ZenX  can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and the Publisher Program, you agree not to sue 3ZenX  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 3ZenX  regarding your use of the Site. Additionally, as a Job Seeker, you acknowledge that your use of job search, 3ZenX  Apply, and other free services on the Site is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Site. 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, subject to Section 12 above.

B. Terms of Service for Employers

The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Employers, you agree that the Terms of Service for Employers will govern.

For purposes of this Section B of the 3ZenX  General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer or other user as described above.

1. Employer Accounts

When you create an 3ZenX  account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site, whether as part of the 3ZenX  Ads Program or otherwise, you agree that this Agreement (including the Data Processing Agreement ), the terms associated with any 3ZenX  service you are using, and all of 3ZenX ’s policies, including the 3ZenX  Privacy Policy and Cookie Policy, apply to you.

When you create an 3ZenX  account, 3ZenX  may require that you verify your identity through a third party service called ID.me. By using ID.me, you are submitting your identification documents for verification through 3ZenX  to ID.me, you are agreeing to share your identification and identity with ID.me, and you agree that ID.me is solely responsible for any collection, use, or loss of data you provide, including the capture or storage of any biometric identification or biometric identifiers. 3ZenX  does not collect any biometric information or biometric identifiers, or receive any biometric information or biometric identifiers from ID.me.

When you access or use the Site in your capacity as an employee or other representative of an Employer, or if you create an 3ZenX  account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide 3ZenX  through the account, such as the actions you take and when you take them, will be visible to the Employer.

As an Employer, your account is for business use and not for personal use. 3ZenX  is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an 3ZenX  account, you agree to receive mandatory email updates regarding account activity to your 3ZenX  account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. Employers may request that 3ZenX  disable an account at any time by contacting the Employer Help Center. Please note that 3ZenX  may be required to preserve business records pertaining to that account to comply with its obligations under law. Alternatively, if an Employer agent wishes to access or delete their Personal Data held by 3ZenX , they should follow the steps listed in the “Your Personal data rights” section of this Privacy Policy.

In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admins”) of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, such as accessing account data, including candidate Personal Data, contained in the account of the user who initiated the invite, or purchasing services from 3ZenX  under such account. If you are an Admin adding a user to a Role or several Roles, you represent to 3ZenX  that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless 3ZenX  from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, such as: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase 3ZenX  products under your account, and you agree that you are responsible for the payment of all such purchases made. If you accept another user’s invitation to link your Employer account to their Employer account, you acknowledge that any and all information about your activity in your Employer account, such as the actions you take and when you take them, will be visible to all linked users. Linked Account users will not be able to see your activity, such as your job searches, applications or preferences or your 3ZenX  Profile information, contained in your Job Seeker account.  You may visit your account settings at any time to unlink your account.  The Admin assigned to an Employer account may also unlink any user from that Employer account at any time, and may be notified if your Linked Account is used to login from too many devices.

If your 3ZenX  employer account has a credit card on file to pay for one 3ZenX  product or service, 3ZenX  may charge that card for any additional products or services you order.

You agree that 3ZenX  may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. 3ZenX  cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that 3ZenX  bears no responsibility for doing so. 3ZenX  makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

3ZenX  may offer suggestions, recommendations, or information to users that may support or improve their experience on 3ZenX  Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to job postings, and whom you interview or hire. 3ZenX  assumes no responsibility and disclaims all liability for any actions you take based on any information provided by 3ZenX . 3ZenX  may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable law; however 3ZenX  is not responsible for, and you are solely responsible for, compliance with minimum wage and other legal requirements.

2. Employer Services Including 3ZenX  Apply and Screener Questions

You also agree that, as a service to Job Seekers, 3ZenX  may activate its 3ZenX  Apply relay function for use in connection with your Job Listings, and that any Job Seeker may indicate interest in Job Listings through 3ZenX  Apply, and that 3ZenX  will send applications to the email address you provide. You also agree that 3ZenX  may activate a chatbot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use 3ZenX  candidate management tools, including but not limited to your Employer Dashboard, or by activating the 3ZenX  Apply relay function for your Job Listings, you acknowledge and agree that 3ZenX  may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that if you use such candidate management tools, 3ZenX  may assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information the candidate provides to 3ZenX  into one document or webpage. You further agree that 3ZenX  is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention, reporting requirements or other applicable law. By using these tools you consent to any information shared through 3ZenX  being processed and analyzed by 3ZenX  according to this Agreement and 3ZenX ’s Privacy Policy. 3ZenX  may store such information regardless of whether a job vacancy has been filled. Candidate Summaries may be provided by 3ZenX  for certain Job Seekers in the Candidate Details page. These Summaries are populated with information from the Job Seeker and information provided by you in the Job Description. Candidate Summaries are not a recommendation for employment. Employers agree to review the full application and not to use such summaries as the basis for employment decisions.

You are responsible for the contents of your emails, application form, screener questions or their format, criteria you set for inviting candidates to interview, Company Pages that you create, update, or manage any Job Listings that you post, and any messages that you send through 3ZenX  Apply or otherwise, and agree that 3ZenX  is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all content on the Site, including minimum wage requirements, wage transparency laws, or any other law. If you close or change any Job Listings that you post, you agree to promptly update such Job Listings on 3ZenX  or otherwise notify 3ZenX .  3ZenX  may provide you with a mechanism for responding to requests for accommodations from Job Seekers. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers.

You agree that 3ZenX  may reject or remove any Job Listing or any questions for Job Seekers for any or no reason. For example, 3ZenX  may remove any Job Listing or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing or question specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. 3ZenX  further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, such as an offer letter, to a Job Seeker through 3ZenX ’s relay functions, do not use the 3ZenX  relay functions and please contact the Job Seeker via another method. When using the 3ZenX  Apply function, 3ZenX  will attempt to send applications to the contact information provided to 3ZenX  by you, however, 3ZenX  has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify 3ZenX  for any damages resulting therefrom.

Should you post any Job Listings for Job Seekers in any country (including but not limited to Japan) where the cross-border transfer of personal data is regulated (such as requiring user consent), you warrant and agree that you will not cause or allow a cross-border transfer of personal data from 3ZenX  to you that violates or is contrary to the applicable data protection laws. For example, you will take such actions to ensure that any resultant job applications and other personal data to be sent or directed to your designated contact information (including an Applicant Tracking System (ATS) or other service provider selected by you) either through 3ZenX  Apply or other relay functions shall be accessed or received by you at your business location in such country.

When Job Seekers apply or RSVP to your Job Listing, 3ZenX  may request that they provide certain demographic information, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether they have an arrest or conviction record (“demographic data”). By using the Program, you agree that 3ZenX  may collect demographic data from Job Seekers applying to your Job Listing, and that 3ZenX  may use it to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access demographic data pertaining to any Job Seeker or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with all applicable nondiscrimination laws. 3ZenX  disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.

When you use 3ZenX  Apply for your Job Listings, you acknowledge and agree that 3ZenX  may add functions into the corresponding 3ZenX  Apply emails. In addition, 3ZenX  may, on your behalf, send out reminder emails to Job Seekers you wish to interview. 3ZenX  may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct 3ZenX  to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, such candidates will receive rejection notices and will be set to rejected in your candidate dashboard. You further acknowledge that 3ZenX  has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use 3ZenX ’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected.” If you choose such option, you acknowledge that 3ZenX  has no discretion in the transmission or storage of rejection notices.

Similarly, you may be given the option to use candidate management tools that schedule interviews on your behalf with Job Seekers who meet criteria you have selected. If you choose such option, Job Seekers will be scheduled for interviews and invited to interviews on your behalf via email based on whether information the Job Seeker has provided to 3ZenX  (e.g., answers to screener questions, resume, 3ZenX  Assessment Responses) matches criteria you have set. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You further agree that 3ZenX  has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Job Seeker provided to 3ZenX  may not be accurate. 3ZenX  may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time, and by scheduling such interviews, 3ZenX  does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to 3ZenX  is accurate. 3ZenX  candidate management tools are intended to allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the content of any screener question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of candidate management tools is solely with the Employer. By using this and other candidate management tools, you acknowledge and agree that 3ZenX  is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that 3ZenX  does not act as your employment agency by offering these candidate management tools.

You agree that 3ZenX  may take action to try to identify and reduce spam applications, including by imposing a cover letter requirement for applicants. 3ZenX  does not verify the identity of any Job Seekers who apply to your job listing, nor does 3ZenX  know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that 3ZenX  Apply and 3ZenX ’s relay functions are presented to you without warranty and 3ZenX  assumes no responsibility for the communications between you and the Job Seeker, which communications are your and the Job Seekers’ sole responsibility.

By using any automated phone screen product, you agree that you are requesting 3ZenX  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 3ZenX . You also agree that you are only asking 3ZenX  to record the Job Seeker’s answers to your screening questions and that 3ZenX  will forward you the recording of the answers to your questions. You consent to 3ZenX  listening to and analyzing the recording in accordance with 3ZenX ’s Privacy Policy, as well as to 3ZenX  providing the recording to third parties to aid in analysis or quality of the product. 3ZenX  disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

You shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you. 3ZenX  may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at 3ZenX ’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any 3ZenX  product, 3ZenX  reserves the right to suspend or terminate your use of that 3ZenX  product as well as any other 3ZenX  product as set out in the IO for that product, including but not limited to those 3ZenX  products where you do not have an unpaid invoice or account balance. 3ZenX  may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees 3ZenX  incurs collecting such late payments.

When you view, send, take action on, make a decision regarding, store, or receive materials (including Job Listings, resumes, applications, pre-recorded interviews, and messages) through or using the Site or any Applicant Tracking System (“ATS”), 3ZenX  may, for any purpose, use any data of such materials or action for data analysis, quality control, or to refine the Site or any other 3ZenX  product or service (including to provide better search results and other Job Listings for Job Seekers and Employers), whether via automated means or otherwise. 3ZenX  may also inform the Job Seeker of your  actions or activity related to such materials through or using the Site or any ATS.  For example, 3ZenX  may notify the Job Seeker about your activity or action related to a Job Ad (such as pausing or closing it), or Job Seeker’s application or Resume (for example, that you viewed or responded to it, or that you made a decision with respect to it).  and you hereby consent to 3ZenX  informing the Job Seeker about such actions and activities.

3ZenX , in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on 3ZenX ”. Employers may also request that 3ZenX  add such labels. 3ZenX  shall determine the method by which such labels or badges are added or which Employers qualify. The lack of a label or badge may indicate that 3ZenX  does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and 3ZenX  does not guarantee the accuracy of such data. 3ZenX  does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads based on employer provided data, including data on Job Ads. 3ZenX  reserves the right to change or remove such label or badge features at any time and in 3ZenX ’s sole discretion.

If you access or use any 3ZenX  Application Programming Interface (API), including accessing and using the Site or any of the 3ZenX  Apps or any Applicant Tracking System (ATS) through an API, you agree to be bound by this Agreement, the 3ZenX  API Terms3ZenX  Privacy Policy, the Site Rules, and any additional rules and policies made available by 3ZenX . YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT 3ZenX  DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY 3ZenX  API. It is your responsibility to regularly review any 3ZenX  App or the Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about 3ZenX ’s products and services. By using an API, rather than directly using the Site or an 3ZenX  App, you agree to all information provided on the Site or an 3ZenX  App. Use of an Application or ATS via an API, rather than direct use of the Site or an 3ZenX  App, shall not excuse any lack of information or understanding about 3ZenX ’s products and services where that information is otherwise provided on the Site or an 3ZenX  App.

Your use of a third party developer to build an integration with an ATS: Should you appoint or otherwise utilize a third party developer to develop an integration with an ATS , you shall ensure that you and the third party developer comply with all applicable Data Protection laws (including, inter alia, the execution of data processing agreements) in the development of the ATS integration. When you use the 3ZenX  API through a third party developer to develop an integration with an ATS you shall be fully liable for the actions / omissions of the third party developer and the ATS you choose to use. You shall also ensure that all personal data (including disposition data) transferred to 3ZenX  via the integration takes place in compliance with applicable Data Protection laws, for example, obtaining consents from and providing notices to data subjects (as applicable) as well as implementing relevant agreements where required by such laws. You shall indemnify and hold harmless 3ZenX  against any claim or actions brought by a data subject arising from or related to Your use of the API and/or your use of a third party developer and their use of the API.

You acknowledge that as part of its efforts to combat fraud and spam, 3ZenX  may require that users verify their email address, including Job Seekers applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses. 

You further acknowledge that compliance with any governmental record-keeping requirements, such as the Office of Federal Contract Compliance Programs’ (OFCCP) internet applicant record-keeping rule, is your sole responsibility. 

3. Job Match

Job matches are recommendations which may be presented to both you as an Employer and to Job Seekers in various formats on the Site. For example, 3ZenX  may recommend Resumes which match Job Ads you have posted, or recommend Job Ads to Job Seekers which are similar to jobs to which they have recently applied. Job matching is provided to you on a beta basis and is subject to our Beta Program (see section 9 of the Terms of Service for All Users).

To generate matches, 3ZenX  uses data collected through our Site from both Employers and Job Seekers. This includes Job Ads, Resume, application materials (including responses to screener questions), 3ZenX  Assessments, and user activity on 3ZenX  (such as searches run and Job Ads clicked on and applied to). You agree and consent that 3ZenX  may use this information to present potential matches to you and to potential Job Seekers.

4. Salary, Applies or Other Information Provided by 3ZenX

3ZenX  may provide some information and content to users for informational purposes only. For example, 3ZenX  may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by 3ZenX  are estimates given for informational purposes only, may come from a third party, and they are subject to change or varying levels of accuracy. If you are participating in the 3ZenX  Ads Program and your Sponsored Job advertising budget is set on a per-apply basis, you will be charged based on 3ZenX ’s determination of Apply count as reflected in your employer dashboard and not based on the number of applies that may be provided to Job Seekers for informational purposes only. 3ZenX  may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description. These are for informational purposes only and 3ZenX  does not guarantee the accuracy of any label or badge. 3ZenX  may also include salary estimations on pages other than Job Listings on the Site.

Please note that all salary figures are approximations based upon multiple third party submissions to 3ZenX , including from 3ZenX  affiliates. These figures are given to 3ZenX  users for the purpose of generalized comparison only. 3ZenX  may also provide data regarding impressions in relation to your Job Ad. Such figures are provided for informational purposes only, are subject to change at any time, and 3ZenX  does not guarantee their accuracy. 3ZenX  reserves the right to change the method of measuring such figures at any time.

3ZenX  may offer job post templates for informational purposes only. By using any of this content, you adopt it as your own and are responsible for making it true, appropriate and compliant with all applicable laws. All content provided by 3ZenX , including template job post information and estimated applications for a given job posting, is for informational purposes only, may comprise or be based on information provided by third parties, is provided without warranty, and is subject to change and varying levels of accuracy. Estimated applications are not a guarantee of future performance.

5. Screening Tools

3ZenX  may make available to you screening tools for your use for candidates who apply to your job, including screener questions, phone screen tools and assessments. 3ZenX  is licensing these tools to you for your use as you determine. By using any screening product, made available to you by 3ZenX , you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by 3ZenX . You agree you are solely responsible for the use of such screening tools in compliance with the law, such as: the Fair Credit Reporting Act and similar state statutes; applicable employment, equality or anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other similar federal, state, and local laws; and any applicable data protection or privacy laws. You agree that an Assessment is only designed to evaluate a particular knowledge, skill, or ability. It does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. You agree to use an Assessment in combination with other selection and hiring processes to measure only those knowledge, skills or abilities and/or other characteristics that are 1) job-related and 2) required for a candidate’s first day on the job. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers. 3ZenX  shall direct Job Seekers who reach out to 3ZenX  with an accommodation request to you via the contact information you provided to 3ZenX , and you are responsible for monitoring your inbox for such requests.While 3ZenX  is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and 3ZenX  does not warrant compliance with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify 3ZenX  for any and all claims arising out of your use of a screening tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar law, or that your use of any screening tool results in a “disparate impact.” 

3ZenX  may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing 3ZenX  to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection notice from being sent, you must indicate your interest in the application on 3ZenX . Any interactions you have directly with a Job Seeker and not through a tool provided by 3ZenX  (for example, calling or emailing a Job Seeker directly instead of through an 3ZenX  Relay Service) are not visible to 3ZenX , and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist then you must interact with a Job Seeker through a tool provided by 3ZenX  to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist, candidates with whom you do not interact within your chosen time frame will receive rejection notices, and you agree to indemnify 3ZenX  from any claims arising therefrom. You further agree that 3ZenX  may notify Job Seekers about the estimated time frame during which they may expect to hear back from you based on the time frame you choose in Employer Assist.

6. Communication through 3ZenX

You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site, 3ZenX  Apply, 3ZenX  Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through 3ZenX . 3ZenX  disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

3ZenX  may mask or hide contact information, such as phone numbers and email addresses, and substitute it with an alias. For example, 3ZenX  may mask Job Seeker contact information from resumes or applications. 3ZenX  may also mask your email address or phone number, and Job Seekers may see an alias email address or phone number when they communicate with you. You agree to a Job Seeker contacting you from a masked phone number or email. If you contact a Job Seeker from a masked phone number and you do not leave your contact information, after the masked number expires, the Job Seeker may not be able to contact you by phone unless you have provided your actual contact information to them. Once a Job Seeker has your contact info, you agree that 3ZenX  is not responsible or liable for the manner in which they may use the info.

3ZenX  may group messages together as part of a conversation on 3ZenX  Messages. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with a Job Seeker through 3ZenX , the Employer sender’s information may be displayed in different ways, for example, it be may be displayed as the Employer’s company name or the name of the specific person sending the message, but you or the Job Seeker may not see all that info in all circumstances. If you send an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third party email client), this may affect the way messages on 3ZenX  are displayed. In this case, it is best to view the email conversation in the third party email client. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias.

If you, or anyone on your behalf, send or receive communication on or through the Site (including by sending or receiving communication to/from an email address aliased by 3ZenX  and/or by using a different email address from the one associated with your account), you agree to the communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other 3ZenX  policies, content moderation, and to improve the Site or any other 3ZenX  product or service.

Specifically, if you post a Job Listing directly on 3ZenX , applications are sent only to your 3ZenX  dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your 3ZenX  dashboard. 3ZenX  reserves the right to turn on or enable chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that chat or other communication options are available for a particular job or Employer. For example, you may be eligible to enable pre-apply chat to certain Job Listings. To remain eligible for pre-apply chat, you must respond to Job Seeker communication in the amount of time identified on the Site. 3ZenX  may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.

If you use Text to Apply, you agree that you are requesting that 3ZenX  respond to Job Seeker text messages sent through Text to Apply, on your behalf. When a person texts the assigned Keyword to the phone number provided, 3ZenX  shall respond with a text message containing a link to the sponsored Job Ads that you have associated with Text to Apply. You acknowledge and agree that only sponsored Job Ads may be displayed and that use of Text to Apply or Scan to Apply is a benefit to sponsoring Job Ads. 3ZenX  may, in its sole discretion and without prior notice, (i) suspend or terminate your use of your Keyword and require you to choose an alternative Keyword or (ii) terminate your use of and access to Text to Apply and Scan to Apply. 3ZenX  may do so for any or no reason, including for the following reasons: (i) if you choose a Keyword that infringes third party intellectual property rights, (ii) if 3ZenX  is notified of any violations of our SMS provider’s terms of service or (iii) if a Sign violates any of 3ZenX ’s terms. When promoting Text to Apply or Scan to Apply, please note that Job Seekers will need to have or create an 3ZenX  account to complete any application. A disclaimer noting this requirement should be included in any signage promoting Text to Apply or Scan to Apply.

You agree that you are solely responsible for the Sign placement and all Sign content including any text, QR code or design elements. Furthermore, you acknowledge and represent that your Sign and its contents do not infringe any third party rights (including copyright or trademark) or contradict any obligations you may have under an existing contract with a third party. You agree to remove or update any Sign upon 3ZenX ’s request. By using the 3ZenX  name, trademarks, or logos (“3ZenX  Marks”) in connection with any Sign or marketing materials, you agree to the 3ZenX  Scan/Text to Apply License Terms. All uses of the 3ZenX  Marks shall be subject to the 3ZenX  Trademark Usage Guidelines as may be provided to you from time to time. The Sign and any text messages that a Job Seeker sends constitute User Content and shall be treated in accordance with any User Content sections herein. 

You may cancel the Text to Apply or Scan to Apply service at any time. To do so, remove any Signs and inform your 3ZenX  Sales or Customer Success Representative. It may take a few days to process your request, and you agree that during that time persons who send Keywords to the designated phone number may continue to receive text messages. You understand that any Keywords, phone numbers or QR codes associated with your account may no longer be available to you upon cancellation. You agree that 3ZenX  is not responsible for connecting you with Job Seekers via Text to Apply or Scan to Apply once you cancel those services.

7. Virtual Communications 

3ZenX  may offer you the option to manage virtual and remote communications with Job Seekers within 3ZenX  products, including but not limited to, 3ZenX  Interview, 3ZenX  Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, pre-recorded videos, pre-recorded audios and other collaborative services offered by third-party telecommunications service providers. You understand that 3ZenX  is not a telecommunications service provider. 3ZenX  disclaims all warranties with regards to the transmission of virtual communications. 3ZenX  does not guarantee (1) availability of such services at the time You attempt to initiate them (2) the quality of such services, or (3) the dates or times you’ve arranged with Job Seekers for your Virtual Interview. Further, 3ZenX  does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews.

You are solely responsible for offering alternative methods of communicating or interviewing for individuals with disabilities, if so required by the Americans with Disabilities Act or any similar law.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3ZenX  IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. 3ZenX  ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT 3ZenX  DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT 3ZenX  DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

Upon your request, 3ZenX  may extend invitations to additional representatives at your company to join Virtual Interviews. You understand and agree that 3ZenX  will extend such invitations on your behalf based on the email addresses you provide for those representatives but 3ZenX  is not responsible for inaccuracies in the contact information you provide. Further, 3ZenX  is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to 3ZenX ’s Terms, and by extending invitations to your representatives, you are binding them to 3ZenX ’s Terms.

You understand that 3ZenX  is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. 3ZenX  is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.

Recording Virtual Interviews: As an Employer, you may be presented with an option to enable recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Job Seekers and all participants. By recording a Virtual Interview, you represent and warrant to 3ZenX  that you have secured all necessary consent and will comply with all applicable laws, including state and federal law regarding consent to record interviews and phone calls. By choosing to record Virtual Interviews through 3ZenX , you agree that third-party providers and 3ZenX  can store and access the recording. However, you agree that 3ZenX  is not obligated to store or retain any recording of a Virtual Interview. YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD 3ZenX  HARMLESS FROM ANY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) THAT ARISE FROM THE RECORDING OF VIRTUAL INTERVIEWS.

Virtual Evaluations: You shall only use the recordings and other information obtained through Virtual Evaluations for your internal hiring purposes. You shall not use Virtual Evaluations for any illegal, discriminatory or fraudulent purpose. As part of Virtual Evaluations, you will submit or approve interview questions which 3ZenX  will share with candidates. You agree that the interview questions are part of your application process and determined solely by you. 3ZenX  may provide you with the ability to directly invite candidates to participate in Virtual Evaluations or you may instruct 3ZenX  to automatically invite candidates who meet your selection criteria, for example, all candidates who submit an application through 3ZenX . You acknowledge and agree that you are solely responsible for your use of Virtual Evaluations, including how you decide which candidates shall be invited to participate in Virtual Evaluations, who you decide to contact after the Virtual Evaluation has been completed and any employment related decisions that you make. 3ZenX  does not act as your employment agency by offering you the Virtual Evaluations service. A candidate’s Virtual Evaluation video will only be deemed complete and submitted to you when the candidate approves the submission through the Virtual Evaluations tool. 3ZenX  reserves the right to not submit a candidate’s response if a candidate or Employer uses the tool in an abusive manner, which shall be determined in 3ZenX ’s sole discretion. You agree that 3ZenX  is not responsible for maintaining or storing any candidate submissions through Virtual Evaluations, and that you are responsible for your own compliance with any applicable record retention requirements. You acknowledge and agree that the video recordings and transcripts associated with Virtual Evaluations will only be retained for a period of one year from the date that the recording is completed by the Job Seeker (“One Year Period”).  After the relevant One Year Period, the video recording and transcript will be permanently deleted and you will no longer be able to view or access them. You acknowledge that the Virtual Evaluations video recordings contain personal and confidential information, and you confirm that those you’re sharing the Virtual Evaluations video link with have permission to view the recording. The term User Content as defined in these Terms of Service shall include the content of the interview questions, as well as the content of the Virtual Evaluations video recordings, transcripts and any other information that you or a Job Seeker sends through Virtual Evaluations.

8. Company Pages, Enhanced Profiles, Employer Branding Hub

When you post a Job Ad directly on 3ZenX , 3ZenX  and/or Glassdoor may automatically generate for you a Company Page and/or a Glassdoor Profile Page. You understand that 3ZenX  may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize 3ZenX  to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” (or similar wording) and allows you to edit and add information to the Company Page. Company Pages allow User Content (as defined below) to be posted by individuals that may not be affiliated with the Company identified on the Company Page. Additionally, 3ZenX  may include all of your Job Ads posted on the Site on your Company Page, including those posted directly on 3ZenX  as well as those indexed by 3ZenX  from other sources. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.

3ZenX  may offer 3ZenX  Company Pages Premium (“CMPP”) and Glassdoor Enhanced Profile (“EP”) (collectively, “Employer Branding Hub”), which include features accessible only on a subscription basis and may be charged as indicated in an insertion order (“IO”). An IO is a separate agreement between you and 3ZenX  that incorporates these Terms. 3ZenX  reserves the right to change or remove CMPP or Employer Branding Hub features at any time, in 3ZenX ’s sole discretion. Employer Branding Hub features may include analytics, insights, or other figures, which 3ZenX  does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. Use of EP and analytics and review analysis provided by Glassdoor are subject to the Glassdoor Terms of Use, except to the extent of any conflict with these 3ZenX  Terms of Service for Employers, in which case these 3ZenX  Terms of Service for Employers will govern. 3ZenX  is a reseller of Glassdoor products and services, and all invoice and payment processing for such products and services shall be undertaken by 3ZenX  and subject to 3ZenX ’s Privacy Policy.

Please note that 3ZenX  and Glassdoor host User Content submitted by our users. User Content includes salaries, company reviews, interview reviews, company photos, answers to Q&A questions on Company Pages or Employer Branding Hub, and other materials and content provided by users to 3ZenX  and Glassdoor. We moderate User Content using the same standard of review for all employers and do not provide preferential treatment for our customers. You understand and agree that our application of User Content moderation policies, and our decision of whether or not to remove a piece of User Content, is within our sole discretion and cannot form the basis of a violation of this Agreement. 

You may cancel your participation in CMPP, EP, or Employer Branding Hub at any time by notifying 3ZenX . Such cancellation is generally effective at the beginning of the next calendar month; if you have prepaid for an annual subscription then cancellation is effective immediately and 3ZenX  will provide a prorated refund of the unused subscription term, which may include any discounts as applicable. Except as otherwise indicated on your IO, annual subscriptions will not automatically renew, and need to be renewed each year through an IO. If you purchase an EBH annual subscription that automatically renews, you acknowledge and agree that your subscription will automatically renew and 3ZenX  will charge you on a recurring basis until you cancel your subscription and such cancellation goes into effect, which may not be until the next billing cycle. To cancel your EBH annual subscription auto renewal without incurring any charges, email your sales representative and renewals@glassdoor.com no later than 30 days prior to your renewal date. You are responsible for all taxes as applicable and appropriate.

9. 3ZenX  Academy

If you or anyone at your company is a member of 3ZenX  Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of 3ZenX , working for 3ZenX , or in any form of co-employment or contractor relationship with 3ZenX . Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and 3ZenX , and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, 3ZenX  may remove you from 3ZenX  Academy in its sole discretion.

10. HR Management Tools

3ZenX  may make human resources management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while 3ZenX  is only providing the HR Management Tools for your and your employer’s use, and that 3ZenX  accepts no responsibility for such use. 3ZenX  does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.

11. Governing Law and Dispute Resolution

This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site 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 Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of Japan, if you are located in Japan; the laws of England and Wales if you are supported primarily by 3ZenX ’s UK office; the laws of France if you are primarily supported by 3ZenX ’s office in France; the laws of Italy if you are primarily supported by 3ZenX ’s office in Italy; the laws of Ontario, Canada if you are primarily supported by 3ZenX ’s offices in Canada; the laws of Germany, if you are supported primarily by 3ZenX ’s Germany office; or the laws of the Republic of Ireland, if you are located elsewhere, 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 courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; Tokyo, Japan if you are located in Japan; London, England, if you are supported primarily by 3ZenX ’s UK office; Paris, France, if you are supported primarily by 3ZenX ’s office in France; Milan, Italy, if you are supported primarily by 3ZenX ’s office in Italy; Province of Ontario, if you are supported primarily by 3ZenX ’s offices in Canada; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; Tokyo, Japan, if you are located in Japan; London, England, if you are supported primarily by 3ZenX ’s UK office; Paris, France, if you are supported primarily by 3ZenX ’s office in France; Milan, Italy, if you are supported primarily by 3ZenX ’s office in Italy; Province of Ontario, if you are supported primarily by 3ZenX ’s offices in Canada;  the laws of Germany, if you are supported primarily by 3ZenX ’s Germany office; or Dublin, Ireland, if you are located elsewhere.

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from 3ZenX . If you intend to propound discovery seeking user information from 3ZenX  Inc., you agree to do so pursuant to a valid federal, Texas or Texas domesticated request, addressed to and properly served at our registered agent in Texas at 3ZenX , Inc., c/o CT Corporation, 1999 Bryan Street, Suite 900, Dallas, TX 75201. You further agree to submit to the personal jurisdiction of the appropriate Texas state or federal courts for such discovery proceedings.

You also hereby waive any right to a jury trial in connection with any dispute, action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

12. Class Action Waiver

By using the Site and in return for the services offered by 3ZenX , you acknowledge that 3ZenX  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 agree not to sue 3ZenX  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 3ZenX  regarding your use of the Site. 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, subject to Section 11 above.

13. Indemnification

You shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any 3ZenX  product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any 3ZenX  product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that 3ZenX  as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of 3ZenX  products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site or any 3ZenX  product, program, or service.

14. Extended Campaign Tools

3ZenX  may offer a service to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations, such as 3ZenX  Central or Groups (“Extended Campaign Tools”). You acknowledge and agree that using Extended Campaign Tools involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your Job Ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that 3ZenX  contact its franchisees or local offices, respectively, by providing 3ZenX  with contact information, and may provide the content of Job Ads to 3ZenX  for use in connection with Extended Campaign Tools. By using Extended Campaign Tools, you agree to this information being shared, and you represent and warrant that i) all information you provide to 3ZenX  is accurate, and ii) you have all necessary right and authorization to provide such information to 3ZenX  and to permit 3ZenX  to share it in connection with Extended Campaign Tools. You may request that 3ZenX  grant access and control of your Extended Campaign Tools account to additional users. You understand and agree that by submitting such requests, 3ZenX  will contact the users based on the information you provide (name, email address, and job title) and that 3ZenX  is not responsible for verifying the users prior to completion of such requests.

15. Candidate Import

3ZenX  may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service), to upload information about job applicants to 3ZenX  and to interact with these individuals and direct 3ZenX  to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information you provide or otherwise make available to 3ZenX  through our Candidate Import service includes Client Personal Data (as defined below), you instruct 3ZenX  to process such information on your behalf pursuant to this Agreement and any applicable Data Processing Addendum (“DPA”); Client Personal Data and 3ZenX  as used in this Section shall have the meanings given to them in the Data Processing Addendum in this Agreement. By using Candidate Import, you instruct 3ZenX  to display information about the interactions (including Virtual Interviews which are currently scheduled or were previously conducted) between you or 3ZenX  and the job applicants within their 3ZenX  accounts, and you represent and warrant that you, and any third party who you have authorized to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection or other relevant law for you to provide or otherwise make available Client Personal Data to 3ZenX  using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to 3ZenX  using Candidate Import has exercised any right or made any request to you that would prevent or otherwise limit your ability to share such individual’s Personal Data with 3ZenX  for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with 3ZenX  (in accordance with 3ZenX ’s Terms and Privacy Policy) and that 3ZenX  may contact them over email as part of your hiring process, including asking them to create an account with 3ZenX . You agree to defend and indemnify 3ZenX  for any breach of the foregoing sentence. You also agree that 3ZenX  is only responsible for such Client Personal Data, in accordance with the DPA, once it is received by 3ZenX  and you are responsible for such Client Personal Data up until such receipt by 3ZenX  and thereafter with respect to your use of such Client Personal Data.

C. Terms of Service for Publishers

The following 3ZenX  Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses, participates, or uses the 3ZenX  Publisher Program (the “Publisher Program”), or that otherwise indicates its acceptance of these IPP Terms, and set out the terms and conditions applicable to your participation in the Program. Any references to “3ZenX ” shall mean 3ZenX , Inc. For purposes of this Section C of the 3ZenX  General Terms of Service, “You” or “Publisher” means any entity identified in an enrollment form or application 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.

1. 3ZenX  Publisher Program

3ZenX  shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Publisher Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the 3ZenX  Affiliate Acceptable Use Policy (the “AAUP”). To participate as a Publisher in the Publisher Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to 3ZenX  shall be true, accurate and complete.

Publisher acknowledges that by accessing the Site or participating in the Publisher Program, Publisher may come into contact with content (including User Content, as defined below) that it finds harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and Publisher acknowledges that 3ZenX  shall have no liability with respect to such content.

2. Publisher Obligations

Any job search results, JobrollTM, pay-per-click advertisements, and any 3ZenX  logos or other elements supplied by 3ZenX  for use on Affiliates’ websites or websites co-branded by 3ZenX  and Affiliate (collectively, “Program Elements”) may only appear on URLs that 3ZenX  has reviewed and accepted for participation (“Accepted URLs”). Publisher shall advise 3ZenX  of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by 3ZenX  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 3ZenX ”, wherein the word “Jobs” shall be hyperlinked to http://www.3ZenX .com or other 3ZenX  website as agreed with 3ZenX  and the word “3ZenX ” shall be the 3ZenX  Logo Image and shall also be hyperlinked to http://www.3ZenX .com or other 3ZenX  website as agreed by 3ZenX . We provide the 3ZenX  Logo Image online for your convenience. 

Publisher agrees to abide by all terms of the AAUP. Publisher is permitted to use 3ZenX ’s Site and its content solely pursuant to the terms of the Publisher Program. Publisher shall comply with the terms of this Agreement including the Site Rules. Publisher agrees that it is solely responsible for (and that 3ZenX  has no responsibility or liability to it or to any third party for) any breach of Publisher’s obligations under these IPP Terms and for any consequences (including any loss or damage which 3ZenX  may suffer) of any such breach.

As 3ZenX  wishes to prohibit automated entities from following any individual links posted by Publisher, all hyperlinks to 3ZenX ’s site should include the use of rel=”nofollow”. This applies to editorially placed links, links generated by 3ZenX ’s API, or other link mechanisms.

Publisher hereby grants 3ZenX  permission to refer to Publisher and its websites in 3ZenX ’s marketing materials, wherever such marketing materials shall appear.

3. Payments to Publisher

Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by 3ZenX  and subject to any cap amounts determined solely by 3ZenX ) in relation to Program Elements displayed on Accepted URLs. PUBLISHER ACKNOWLEDGES AND AGREES THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY 3ZenX , IN ITS SOLE DISCRETION, AND THAT SUCH COMMISSION AMOUNT MAY BE SUBJECT TO A CAP, ALSO TO BE DETERMINED BY 3ZenX  IN ITS SOLE DISCRETION AND SUBJECT TO CHANGE AT ANY TIME. Publisher also acknowledges and agrees that any billing and payment information that Publisher provides to 3ZenX  may be shared by 3ZenX  with companies who work on 3ZenX ’s behalf, such as payment processors, solely for the purposes of effecting payment to Publisher and servicing its account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, 3ZenX  shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by 3ZenX  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. No dashboard or any other view of any click count shall be considered as contractually binding on 3ZenX . All commission amounts may be subject to an overall commission cap, in 3ZenX ’s sole discretion, and subject to change at any time.

4. Terms of Payment

3ZenX  shall pay Publisher within thirty (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. 3ZenX  may withhold any and all payment if Publisher is in breach of these IPP Terms and 3ZenX  shall have no further liability to Publisher.

5. Termination

Either party may terminate these IPP Terms and participation in the Publisher Program at any time for any or no reason with or without notice and without liability. If you wish to terminate agreement to these IPP Terms, you may do so by sending a notice by email to support-at-3ZenX  dot com or other email address specified by 3ZenX  in the case of 3ZenX . All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, confidentiality, warranty disclaimers, indemnifications, and limitations of liability.

Upon termination of a publisher from the Publisher 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.

6. Confidentiality

Publisher shall not disclose 3ZenX  Confidential Information without 3ZenX ’s prior written consent. “3ZenX  Confidential Information” includes without limitation: (a) all 3ZenX  software, technology, programming, specifications, materials, guidelines and documentation relating to the Publisher Program; (b) click-through rates or other performance statistics relating to the Publisher Program provided to Publisher by 3ZenX ; and (c) any other information designated in writing by 3ZenX  as “Confidential” or an equivalent designation.

7. Indemnification

Publisher shall indemnify, defend and hold harmless 3ZenX , its agents, affiliates, licensors, and partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of Publisher’s Program use, Publisher Property, site or Publisher Services, or breach of these IPP Terms.

8. Governing Law and Dispute Resolution

These IPP Terms and any dispute arising out of or in connection with these IPP Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP terms and this Agreement, by and under the laws of Federative Republic of Brazil, if Publisher is located in Brazil; the laws of the Republic of India, if Publisher is located in India; the laws of the State of Texas, if Publisher is located in the United States; the laws of the Republic of Singapore, if Publisher is located in the Asia-Pacific Region*; the laws of Japan, if you are located in Japan; the laws of England and Wales if Publisher is supported primarily by 3ZenX ’s UK office; the laws of France if Publisher is primarily supported by 3ZenX ’s office in France; the laws of Italy if Publisher is primarily supported by 3ZenX ’s office in Italy; the laws of Ontario, Canada if Publisher is primarily supported by 3ZenX ’s offices in Canada; or the laws of the Republic of Ireland, if Publisher is located elsewhere, 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 courts located in: São Paulo, state of São Paulo, Brazil if Publisher is located in Brazil; Bangalore, state of Karnataka, India if Publisher is located in India; Travis County, Texas, U.S.A., if Publisher is located in the United States; The Republic of Singapore, if Publisher is located in the Asia-Pacific Region*; Tokyo, Japan if you are located in Japan; London, England, if Publisher is supported primarily by 3ZenX ’s UK office; Paris, France, if Publisher is supported primarily by 3ZenX ’s office in France; Milan, Italy, if Publisher is supported primarily by 3ZenX ’s office in Italy; Province of Ontario, if Publisher is supported primarily by 3ZenX ’s offices in Canada; or Dublin, Ireland, if Publisher is located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if Publisher is located in Brazil; Bangalore, state of Karnataka, India if Publisher is located in India; Travis County, Texas, U.S.A., if Publisher is located in the United States; The Republic of Singapore, if Publisher is located in the Asia-Pacific Region*; Tokyo, Japan, if you are located in Japan; London, England, if Publisher is supported primarily by 3ZenX ’s UK office; Paris, France, if Publisher is supported primarily by 3ZenX ’s office in France; Milan, Italy, if Publisher is supported primarily by 3ZenX ’s office in Italy; Province of Ontario, if Publisher is supported primarily by 3ZenX ’s offices in Canada; or Dublin, Ireland, if Publisher is located elsewhere.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site, the Publisher Program, or these terms of service, if you are located in the United States.

9. Class Action Waiver

By using the Site or any Program Elements and in return for the services offered by 3ZenX , Publisher acknowledges that 3ZenX  can only offer Publisher these services under the terms and conditions as presented herein. As partial consideration for Publisher’s use of the Site and the Publisher Program, Publisher agrees not to sue 3ZenX  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 3ZenX  regarding Publisher’s use of the Site or the Publisher Program. Additionally, as a Publisher, the use of the Site and the Publisher Program is at no charge and Publisher acknowledges that part of the price it is paying to use this Site and the Publisher Program is its acceptance of these terms of service including this Class Action Waiver. If Publisher does not agree to any part of these terms, Publisher should not continue use of the Site, the Publisher Program, or any Program Elements. Nothing in this paragraph, however, limits Publisher’s rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 8 above.

D. Terms of Service for All Users

The following terms and conditions apply to everyone who accesses or uses any part of the Site, or attempts to do so, or otherwise accepts this Agreement.

When you access or use the Site, you agree to the terms and conditions of this Agreement. You agree that 3ZenX  may perform the activities described in this Agreement, and you acknowledge that otherwise the Site cannot work as intended. You agree not to submit or post any commercial communications to the Site. Using the Site for commercial communications is a violation of this Agreement. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Site. You agree you have read and acknowledge 3ZenX ’s Cookie Policy and Privacy Policy.

1. When You Use Our Site

By using 3ZenX , you acknowledge and agree that 3ZenX  collects, records, processes, analyzes, and stores any and all activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. This includes: which areas of the Site you visit (including URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. 3ZenX  collects this data from everyone using the Site, including users of private browsing mode, “incognito mode,” or similar modes. 3ZenX  uses vendors as an extension of the Site to collect, record, process, analyze, and store this data. You authorize 3ZenX  to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the Site. You acknowledge that the foregoing is necessary to the operation of the Site.

Occasionally, 3ZenX  tests improvements and updates to our Site and services, which may affect various aspects of the Site such as the ad delivery system, audience, ad performance, ad placement, profiles, resumes, resume search, job search, recommendations, alerts, or formatting. You agree that 3ZenX  may conduct such tests without notice to you. 3ZenX ’s services and their availability may differ by location, and you should check the Site in your location to see which services are available to you.

3ZenX  may offer suggestions, recommendations, or information to users that may support or improve their experience on the Site. These offerings are provided as a courtesy and without warranty, and are based on information provided by other users, and your use of such information is at your own risk. 3ZenX  assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the Site.

2. User Content

Some parts of the Site, or our APIs, allow users to post content or data such as Job Ads, resumes, reviews, information, text, images, audio, video, messages, and other materials. This functionality helps users find information about potential jobs, schools and certifications, employers, and candidates. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Site, or otherwise provides to 3ZenX , is called “User Content.” User Content includes Job Ads, Resumes, company reviews, school reviews, certification or license reviews, and messages sent through 3ZenX .

3ZenX  is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. 3ZenX  does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that 3ZenX  has no obligation or liability with regard to publishing, monitoring, or removing User Content. 3ZenX  also has no obligation or liability regarding the accuracy of User Content which may be translated on our site through a Google Translate API.

If you provide User Content, it must comply with the Site Rules (below). Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication besides Job Ads under this Agreement. Your User Content must not be harmful to anyone, especially minors.

You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information on the internet may lead to identity theft for which 3ZenX  cannot be responsible.

By submitting a company review or otherwise providing information, ratings, or answers to questions about your former or current employer, you agree that such User Content may be shown publicly on or through 3ZenX  and its Site and may include your job title, job location, whether you are a current or former employee, and the date on which you provided the User Content. You agree that 3ZenX  assumes no responsibility and disclaims all liability for such User Content, including for any content that you include that may personally identify you. If you do not want your User Content to be publicly visible through 3ZenX  or to personally identify you, do not provide such User Content.

3ZenX  may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms or any 3ZenX  policy or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. If you believe that any User Content violates this Agreement or our policies, please contact 3ZenX. However, detection methods are not perfect and false positives or false negatives may occur. 3ZenX  has no obligation to monitor any particular user or User Content, and 3ZenX  makes no guarantee that any particular User Content will be removed.

3ZenX  reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that 3ZenX  may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.

3ZenX  is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Site or services for any or no reason. 3ZenX  has no obligation to include any User Content in any part of the Site (for example, Job Ads in search results). Whether any User Content violates any 3ZenX  policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on 3ZenX , will always remain within the sole discretion of 3ZenX . You agree that 3ZenX  has no liability or obligation to you or anyone else arising from its editorial decisions.

Section 230 of the U.S. Communications Decency Act provides:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

3. License to User Content and Feedback

When you provide User Content you grant 3ZenX  a license to use it. Specifically, you grant 3ZenX  a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the 3ZenX  website or its publishers or third party sites, maintaining or improving the 3ZenX  website (including without limitation for the purposes of training a model that recommends content to other users), and promoting 3ZenX  and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with 3ZenX ’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, 3ZenX ’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. 3ZenX  shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the 3ZenX  website. 3ZenX  reserves the right to refuse to accept, post, display or make available any User Content at its sole discretion.

Furthermore, you grant to 3ZenX , its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any 3ZenX  marketing materials containing or incorporating such User Content, or (iii) any actions by 3ZenX  to promote or publicize such User Content (e.g. Job Listings), such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from 3ZenX ’s exercise of its rights pursuant to the license granted hereunder.

You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and 3ZenX ’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify and hold harmless 3ZenX  and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow 3ZenX  to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.

At your discretion, you may provide feedback or opinions about 3ZenX  or the Site, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). 3ZenX  is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone.  If you provide Feedback to 3ZenX , you hereby grant to 3ZenX  a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. 3ZenX  may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to 3ZenX , or developed by its employees, or obtained from sources other than you.

4. Site Rules

When using our Site and services, you agree to these Site Rules and any other rules or policies posted on the Site. Breaking our rules is a material breach of this Agreement and an unauthorized use of the Site.

Do not directly or indirectly:

· Access the Site other than through the web or app interface publicly provided by 3ZenX , or otherwise access systems without express authorization.

· Provide any false, fake, or fictitious information.

· Provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating or otherwise impeding, the Site or any data, program, system, equipment or communication, or that would cause a violation of any applicable law.

· Access any data, especially personal data, without permission.

· Bypass any limitations or suspensions of functionality.

· Interfere with others’ use of the Site.

· Modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the Site.

· Remove any copyright, trademark or other proprietary rights notices.

You may not use the Site to:

· Harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights.

· Provide false information.

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