Updated September 1, 2022
IMPORTANT – IMPORTANT – READ CAREFULLY: BY SIGNING UP FOR THE P2P HIRING SERVICES, YOU ARE ACKNOWLEDGING THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT (“AGREEMENT”), AND IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR OTHER ENTITY (“COMPANY”), YOU WARRANT THAT YOU HAVE THE LEGAL RIGHT TO BIND SUCH ENTITY AND AGREE TO ALL THE TERMS OF THIS AGREEMENT REGARDING COMPANY’S USE OF THE P2P HIRING SERVICES. IF YOU DO NOT AGREE WITH ALL OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO BIND THE COMPANY TO THIS AGREEMENT, DO NOT CLICK ON THE “I AGREE”, “I ACCEPT” OR SIMILAR BUTTON AND CLOSE THE WINDOW TO STOP CREATION OF THE P2P ACCOUNT.
Job Pairing Peer to Peer Hiring platform (P2P) is an online marketplace for client (“employer”) and tech service company (“partner firm” or “talent company”). Tech talent (“talent”) means a partner firm’s employee. P2P provides services for connecting employers to the software and IT service companies. https://p2p.jobpairing.com is a site operated by Job Pairing LLC. This agreement is between you and Job Pairing LLC.
Our mission for the P2P is to help businesses to hire qualified, verified and vetted talents. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used and with whom it is shared.
(“Services”) and website (https://p2p.jobpairing.com) which is owned and operated by Job Pairing LLC. When
you use our website and Services, you agree to all of these terms. Your use of our Services is also subject
Job Pairing LLC reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on its website. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
You agree that by clicking or tapping on “Join”, “Sign Up”, “Register”, “Get Started”, or similar, registering, accessing, or using our services (described below), you are agreeing to enter into a legally binding contract with Job Pairing LLC (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
You are entering into this Contract with Job Pairing LLC (also referred to as “we”, “us” and “job pairing”) which will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services, delivered through https://p2p.jobpairing.com.
When you register and join the P2P Service, you become a “Member” (employers, partner firms, or partner firms’ talents). If you have chosen not to register for our Services, you may access certain features or sections of our website as a “Visitor.”
Here are some promises that you make to us in this Contract:
If you do not meet these qualifications to use the Services, you may not use the Services.
Your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
You agree that we will provide notices and messages to you through our websites and/or using your contact information. If your contact information is out of date, you may miss out on important notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address).
You agree to keep your contact information up to date.
When you share information on our Services, others can see, copy and use that information. Our Services allow sharing of information such as your profile. Information and content that you share, like your profile, may be seen by other Members. Where we have made choices available, we will honor the choices you make about who can see content or information about you (e.g., sharing your contact information only with other members with whom you have mutually agreed to be connected). Your profile will not be visible to visitors or public.
You own all of the content (e.g. your profile) and personal information you provide to us, but you also grant us a non-exclusive license to it. When you upload or post content to our site, you grant us a payment free, worldwide, non-exclusive, irrevocable, perpetual license right to use that content on our site and for users of the site or third parties in accordance with these terms and for the furtherance of our business. We’ll honor the choices you make about who gets to see your information and content.
As between you and Job Pairing, you own the content and information that you submit to the Services, and you are only granting Job Pairing a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others.
These rights are limited in the following ways:
You agree and warrant that you will do all of the following:
We may change, suspend, or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
Your use of others’ content and information posted on our Services, is at your own risk. Others (e.g. Employers and partner firms) may offer their own products and services through our web site, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. Job Pairing generally does not review content provided by our Members or others. You agree that we are not responsible for others (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
We have the right to limit how you connect and interact on our Services. Job Pairing reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Job Pairing reserves the right to restrict, suspend, or terminate your account if Job Pairing believes that you may be in breach of this Contract or law or are misusing the Services.
We’re providing you notice about our intellectual property rights.
Job Pairing reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Job Pairing logos and graphics used for our Services are trademarks or registered trademarks of Job Pairing.
We use data and information about you to make relevant suggestions to you and others. We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend you to employers. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.
We can each end this Contract anytime we want. Both you and Job Pairing may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services.
The following shall survive termination:
To close your account, you need to log into your dashboard, click/tap on “My Account”, and choose close account option. By closing your account, you lose the right to access or use the Services.
Here are some important details about the Contract.
These content standards apply to any and all material (e.g. your profile) that you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole. Contributions must not:
If you are an employer looking to hire an employee from our partner firm using the Services, you must register as an Employer. If you register on behalf of a company, you warrant that you are authorized to register on behalf of such company and are authorized to bind the company to this Contract and to the hiring of any talent you hire through the Services. To register as an Employer, you agree to the following:
Transaction Fee is collected when a payment is made to partner firms.
If you are a Partner Firm with employees and expertise for hire using the Services, you must register as a Partner Firm. If you register on behalf of a company, you warrant that you are authorized to register on behalf of such company and are authorized to bind the company to this Contract for any talent hired through the Services. To register as a Partner Firm, you agree to the following:
Transaction Fee is collected by Job Pairing prior to transferring the payment to you.
To register as a freelancer, you agree to the following:
Transaction Fee is collected by Job Pairing prior to transferring the payment to you. If payment is paid by employers directly to you, you are obligated to pay 5% of that payment to Job Pairing.
Job Pairing grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the content therein available to you on the Services for personal use only or for use by your specific business; provided, however, that no such content may be distributed by you to any third parties without our express permission. Such license is subject to this Contract and specifically conditioned upon your compliance with this Contract. Except as expressly permitted above, any use of any portion of the content found on the Services without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this section, the Contract, and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Contract may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.
We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Services. We are not obligated to create or provide support, corrections, upgrades, bug fixes and/or enhancements to the Services.
You agree to defend, indemnify and hold harmless Job Pairing, its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys’ fees and reasonable settlements that Job Pairing may sustain or incur by reason of (a) your use of the Services, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from content submitted by you, (d) any claim that any user content submitted by you caused damage to a third party, or (e) any other violation of this Contract. Your obligation to defend, indemnify and hold harmless Job Pairing shall survive these the termination of any license between you and Job Pairing, including this Contract.
If there is any dispute about or involving the P2P Services, you agree that the dispute shall be governed by the laws of the State of Ohio, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Ohio, City of Columbus. Either Job Pairing or you may demand that any dispute between Job Pairing and you about or involving the P2P Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Columbus, Ohio, USA, provided that the foregoing shall not prevent Job Pairing from seeking injunctive relief in a court of competent jurisdiction.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. JOB PAIRING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JOB PAIRING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE OR SERVICES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES AND PRODUCTS FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND JOB PAIRING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS CONTRACT OR YOUR USE OF THIS SITE OR THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOB PAIRING OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM RELATED TO THE SERVICES, THE USE OF OR INABILITY TO USE THE SERVICES AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOB PAIRING OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ANY DAMAGES OWED UNDER BY JOB PAIRING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF MONEY RECEIVED BY JOB PAIRING BY YOUR USE OF THE SERVICES.
ANY CAUSE OF ACTION OR CLAIM LICENSEE MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R.
§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
This contract shall be governed by and construed in accordance with the laws of the State of Ohio, except for its conflicts of laws principles. You consent to the exclusive jurisdiction and venue in the state and federal courts in Franklin County, Ohio. We may transfer and assign this Contract and ownership of the Services without restriction. You may not transfer or assign this Contract or any Services. You affirm and warrant that you are legally competent to enter into this Contract, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein. If any provision of this Contract is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of the Contract shall not be affected. No waiver of any term of this Contract shall be deemed to constitute a continuing waiver of such term. By accepting this Contract, you agree to allow Job Pairing to send you periodic emails including but not limited to system maintenance announcements, newsletter, and other marketing materials. You may unsubscribe from these communications at any time.