TheraJobs Terms of Use

Last Modified: 10/5/2022

Thank you for your interest in engaging with the TheraJobs community and website. To ensure appropriate site use and to clarify our operations, we are providing the following terms and conditions. Accessing and use of the TheraJobs website located at therajobs.net (the “Site”) requires agreement to the following terms and conditions (the “Terms”). This is a legal agreement between you and MyPro Business Services, LLC DBA TheraJobs, an Idaho limited liability company (referred to as “TheraJobs”, “we” or “us”).

Please read these Terms carefully before using the Site, since by doing so, you are agreeing to be bound and abide by these Terms and our Privacy Policy, which is found at therajobs.net/privacy. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site. If you have any questions about any of these terms, please contact us by email at info@therajobs.net.

We may revise and update these Terms from time to time. All changes will be effective immediately when we post them and will apply to all use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. We will post the date of our last change next to the link to these Terms and will send an email to all registered users upon any change. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.

The Site (i) allows those looking to hire a support or therapy professional (“Ad Posters”) to post available jobs or service opportunities (“Opportunity Ad(s)” or “Ad(s)”) to the Site, (ii) allows support and therapy professionals (“Applicants”) to apply to a posted Ad, and (iii) provides informational resources, professional tools and community events for relevant stakeholders (“Community Members”) (collectively, the “Site Services”). By using the Site, you agree that you are using it for one of these purposes. If not, please do not use the Site. Depending on your role, different terms may apply to your use of the Site.

To apply for or to post an Opportunity Ad on the Site, you will be asked to provide certain required information. You agree that all the information you provide will be correct, current, and complete. When posting an Ad, there are free-response fields in which you may choose to share additional information. Please be careful to not share sensitive personal information when filling out these fields because this information may become publicly accessible. We may remove any personally identifiable information you include in an Ad, but we cannot ensure we will always be able to do so, and are not obligated to do so. We will only use your information in the way we describe in the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Opportunity Ad Post Content

The Site contains lists of support and therapy-related Opportunity Ads. You understand and acknowledge that while we may sometimes assist Ad Posters with drafting their Ads, we do not have final control over the content of Ads, nor over the Ad Posters who post them. We cannot confirm the accuracy of any Ad, or any other information posted by an Ad Poster. We disclaim all liability for the content, accuracy, completeness, legality, reliability, or availability of any Ad, or other information submitted by any Ad Poster.

Ad Posters, you understand and agree that it is your responsibility to refrain from posting any Opportunity Ad or application question that directly or indirectly discriminates against Applicants or otherwise violates applicable law. Further, you agree that we may remove any Opportunity Ad for any reason, and that your only recourse will be a refund of the amount paid for such Opportunity Ad. Ad Posters also agree to only post Opportunity Ads for which they have the authority to do so.

Applying to Service Opportunities

The Site allows Applicants to apply to Opportunity Ads by directing them to the Ad Poster’s career site, by initiating an email directly to the Ad Poster, or by filling out a form with their contact information that will be sent to the Ad Poster (an “Application”). Once this information is shared with the applicable Ad Poster, we no longer have control over the use or disclosure of that information. By applying to an Opportunity Ad on the Site, you agree that we are not responsible for the content of the Ad or the Ad Poster’s use or disclosure of your information.

For Ad Posters, we do not control or monitor the information that Applicants submit through the Site and are not responsible for its accuracy or completeness. Please check all Applicant’s references and confirm identity prior to hiring.

License to User Content

When you submit information on the Site in an Application, an Opportunity Ad, a comment to a blog post, or via any other form or interactive service available on the Site (collectively referred to as “User Content”), you grant us a license to use such User Content as necessary for the purpose it was provided. Specifically, you grant us a nonexclusive, worldwide, perpetual, fully paid, royalty-free, transferable, sublicensable right and license to make, use, 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 Site or sharing applicable information with Ad Posters, Applicants and/or Community Members. You also grant us a license to use your trademarks and (if provided) logos in connection with (i) any such User Content or (ii) any actions by us to promote or publicize such User Content (e.g. cross-posting Opportunity Ads), such as social media posts or the use of keywords in third-party internet search engines.

Payment

You will be charged and billed as indicated on the Site when making a purchase. We use third party payment processors for all payments, so we never have direct access to your payment information. Refunds (if applicable) shall be provided for any Opportunity Ad that we reject or remove from the Site, but are otherwise at our sole discretion.

Other Services

The Site may contain links to engage with services provided by MyPro Business Services, LLC (“MyPro”) other than the Site Services. Such services may include resume writing and ad writing assistance. These services are provided pursuant to the terms and conditions provided by MyPro at the time of service.

Intellectual Property Rights 

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by TheraJobs, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as necessary for the normal operation of interacting with the Site through your web browser (caching files, storing items in RAM, etc.). No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by TheraJobs. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks 

The TheraJobs name, TheraJobs logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TheraJobs or its affiliates or licensors. You must not use such marks without the prior written permission of TheraJobs. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses 

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

•         In any way that violates any applicable federal, state, local, or international law or regulation.

•         To impersonate or attempt to impersonate TheraJobs, a TheraJobs employee, another user, or any other person or entity.

•         To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm TheraJobs or users of the Site or expose them to liability.

Additionally, you agree not to:

•         Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site.

•         Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

•         Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

•         Use any device, software, or routine that interferes with the proper working of the Site.

•         Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

•         Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

•         Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

•         Otherwise attempt to interfere with the proper working of the Site.

Reliance on Information Posted 

The information presented on or through the Site is made available solely for general information purposes. While we may give suggestions or information on best practices, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

We may also provide links to resume writing and job post writing services through the Site. By using any of our content, you adopt it as your own and are responsible for making it true, appropriate and compliant with all laws.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TheraJobs, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TheraJobs. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Accessing the Site and Account Security 

We will work to keep the Site available to all users, but downtime may occur, and at some point in the future we may even need to discontinue the Site. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including to paying users.

Links from the Site 

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions 

The owner of the Site is based in the state of Idaho in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification

You shall indemnify, defend and hold harmless TheraJobs, 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 these Terms; (b) your violation of any applicable laws or regulations, or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right.

Disclaimer of Warranties 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THERAJOBS NOR ANY PERSON ASSOCIATED WITH THERAJOBS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THERAJOBS NOR ANYONE ASSOCIATED WITH THERAJOBS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THERAJOBS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THERAJOBS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction 

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Idaho, in each case located in Ada County, Idaho, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability 

No waiver of or by TheraJobs of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TheraJobs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement 

The Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to MyPro Business Services d.b.a. TheraJobs, 372 S. Eagle Rd. #320, Eagle, ID 83616. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.