Terms of Service, Privacy, Cookies

Each time you access or use Ninja Gig’s online and/or mobile services and websites, including any Ninja Gig mobile application (collectively the "Ninja Gig Apps") regardless of where it is downloaded from, and any software provided by or on behalf of Ninja Gig on or in connection with such services or websites (collectively, the "Site"), or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the "Agreement") then in effect with the following entity or entities:

• Ninja Gig, LLC, 578 West 2050 North, West Bountiful, Utah, 84310, USA, if and when you are in the United States ("Ninja Gig, LLC"), and/or

Any references to "Ninja Gig" or "we" in this Agreement shall mean the applicable entity as set forth above.

The Site is made available for use only by individuals searching for employment openings ("Job Applicants"), by 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 ("Employers"), and by individuals and/or organizations seeking to participate in the Ninja Gig Publisher Program ("Publishers").  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.

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.

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

Last Updated: January 01, 2018.

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

1. The Ninja Gig Services

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

1(a) Notice to Users Applying to Jobs Through Ninja Gig: If you are a Job Applicant, any resume or application information that you submit through the Site is subject to this Agreement (including Section 4 below) and to Ninja Gig’s Privacy Policy. Without limiting the foregoing, however, please note that by creating a public Ninja Gig Resume through the Site, you are requesting and authorizing Ninja Gig to make available your resume to any Employer that Ninja Gig believes may have an interest in your resume. By creating or uploading an Ninja Gig Resume, Ninja Gig may contact you to share Job Listings with you that match the contents of your Ninja Gig Resume. In addition, when you indicate your interest in a Job Listing through Ninja Gig Apply or by RSVPing to a hiring event (hereinafter, all references on the Site to "Apply Now", "Easily Apply", "Simple Apply", "Apply from your phone", "Apply with Ninja Gig", "RSVP to hiring event" or any similar references are referred to as "Ninja Gig Apply") you are requesting and authorizing Ninja Gig to reformat the job so that you may read it more clearly in your phone, you are sending your resume and application information to Ninja Gig, and you are requesting and authorizing Ninja Gig to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask Ninja Gig to transmit an application or a message to an Employer via Ninja Gig Apply or Ninja Gig’s relay system or store such application, you understand that this is without warranty, and that Ninja Gig reserves the right to reformat such application or message. Ninja Gig 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 Ninja Gig. Your standard calling rates with your phone provider will apply. Ninja Gig also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or application material, or that there will be no mistakes in the transmission or storage of the data. However, Ninja Gig may alert you when any of the above events occur. Ninja Gig may also send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, 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.

In addition, by using Ninja Gig, you agree that Ninja Gig is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments or their format or method of delivery and that Ninja Gig does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Ninja Gig does not choose the questions asked by Employers or decide the job qualification criteria of Employers. If you require alternative methods of screening or application you must approach the Employer directly to request such as Ninja Gig is not responsible for the Employer application process. 

By using Ninja Gig Apply and answering screener questions, you acknowledge that Employers may have instructed Ninja Gig to send out rejection notices if you have not answered the questions in a manner that the Employer so wishes, and you acknowledge that Ninja Gig has no discretion in the transmission of these rejections. When you apply to a job using the Ninja Gig Apply button, Ninja Gig will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot vouch for the validity of such contact information provided to us. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to Applicant Tracking Systems (ATSs). If you do not feel comfortable sending an application or messages in this manner or having your application or messages stored on Ninja Gig, do not use the Ninja Gig Apply or Ninja Gig relay functions and please send your application or messages directly to the Employer by whatever other method you so choose. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Ninja Gig being processed and analyzed by Ninja Gig according to this Agreement and Ninja Gig’s Privacy Policy. Ninja Gig shall store such information regardless of whether a job vacancy has been filled. Ninja Gig may use your application materials (including public resumes and responses to screener questions) to determine whether you may be interested in a Job Listing, and Ninja Gig may reach out to you about such Job Listing. Ninja Gig does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Applicants when applying to jobs. Ninja Gig does not guarantee the validity of a job offer and cautions Job Applicants to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Applicants are solely responsible for verifying the accuracy of any Employer or job offer.

1(b) If you are an Employer, when you create an Ninja Gig account, a Career Page or post a Job Listing on the Site, whether as part of the Ninja Gig Ads Program or otherwise, you agree that this Agreement and all of Ninja Gig’s policies, including the Ninja Gig Privacy Policy and Cookie Policy, apply to you and to the Job Applicants using such Career Page or indicating an interest in such Job Listings.  Specifically, when you create an Ninja Gig account, Ninja Gig may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. Ninja Gig may have access to your identification documents via NetVerify. You also agree that, as a service to Job Applicants, Ninja Gig may activate its Ninja Gig Apply relay function for use in connection with such Job Listing, and that any Job Applicants who wish to indicate an interest in such Job Listing may only do so through Ninja Gig Apply, and that Ninja Gig will send applications to the email address you provide us with. When you use the Ninja Gig Apply relay function, you acknowledge and agree that Ninja Gig may add certain functions into the email, which allows you to take actions regarding the Job Applicant including setting up an interview, viewing a resume and rejecting a candidate, and that you consent to Ninja Gig monitoring and analyzing these actions. When using the Ninja Gig Apply function, Ninja Gig will attempt to send applications to the contact information provided to Ninja Gig by you, the Employer. Ninja Gig 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 Applicants, and you indemnify Ninja Gig for any damages resulting therefrom. In addition, Ninja Gig may, on your behalf, send out reminder emails to Job Applicants you wish to interview. Ninja Gig may also send emails to Job Applicants on your behalf indicating that your Job Listing is potentially a match for the Job Applicant’s resume. Ninja Gig is not responsible for the content of your emails, application form, screener questions or their format, and disclaims all liability for such content, including as to whether such content is legal. Ninja Gig further does not guarantee delivery, your receipt of the Job Applicant’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable. When you use screener questions, you may be given the option to instruct Ninja Gig to send out rejection notices if the Job Applicant has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your Employer dashboard. You further acknowledge that Ninja Gig 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 Applicant may not have answered the screener questions accurately. You agree that Ninja Gig may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. Ninja Gig does not verify the identity of any Job Applicants who apply to your job listing, nor does Ninja Gig know a Job Applicant’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Applicant’s qualifications or interest in your job listing. You agree that Ninja Gig Apply is presented to you without warranty and Ninja Gig assumes no responsibility for the communications between you and the Job Applicant, which communications are yours’ and the Job Applicants’ sole responsibility. If you do not feel comfortable contacting a Job Applicant through Ninja Gig’s relay functions, do not use the Ninja Gig relay functions and please contact the Job Applicant via the personal information provided in such Job Applicant’s resume or application or by whatever method you so choose. By using any automated phone screen product, you agree that you are requesting Ninja Gig to send a Job Applicant a telephone number, which the Job Applicant 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 Ninja Gig. You also agree that you are only asking Ninja Gig to record the Job Applicant’s answers to your screening questions and that Ninja Gig will forward you the recording of the answers to your questions. You consent to Ninja Gig listening to and analyzing the recording in accordance with Ninja Gig’s Privacy Policy. When you respond to or contact a Job Applicant who has used Ninja Gig Resume, or Ninja Gig Apply, you are providing information to Ninja Gig and requesting and authorizing us to make available such information to the applicable Job Applicant. Additionally, you consent to Job Applicants’ applications and any responses sent by you (including offer letters) through Ninja Gig being processed and analyzed by Ninja Gig according to this Agreement and Ninja Gig’s Privacy Policy. Ninja Gig shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Career Page that you create, any Job Listings that you post, and any messages that you send through Ninja Gig Apply or otherwise, including any questions for Job Applicants. You agree that Ninja Gig may reject or remove any Job Listing, any part of any Career Page, or any questions for Job Applicants for any or no reason. You shall indemnify, defend and hold harmless Ninja Gig, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Career Page created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Applicants contained in any of the foregoing). Ninja Gig may provide analytics data regarding your Employer account to anyone at your company at Ninja Gig’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Ninja Gig product, Ninja Gig reserves the right to suspend or terminate your use of that Ninja Gig product as well as any other Ninja Gig product, including but not limited to those Ninja Gig products where you do not have an unpaid invoice or account balance. Ninja Gig merely facilitates job postings and does not play a role in creating or endorsing the content; we are an intermediary. Under the Section 230 of the Communications Decency Act (CDA) you are responsible for content you generate and post, including how that content is displayed on other platforms. By posting jobs on our platform you agree to be responsible for compliance with applicable laws and legality of your content and job postings.

1(c) Regardless of whether you are an Employer or Job Applicant, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Ninja Gig may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Ninja Gig product or service (including to provide better search results and other listings for Job Applicants and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, Ninja Gig may also inform a Job Applicant that an Employer has taken an action with regards to a Job Applicant’s Resume or application such as opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application, and you hereby consent to Ninja Gig taking such actions. Ninja Gig assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Ninja Gig to do so.

1(d) Regardless of whether you are an Employer or Job Applicant, Ninja Gig may use application materials (including resumes and responses to screener questions) and the recency of your activity on Ninja Gig to determine whether the words of any Job Applicant’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. Regardless of whether you are an Employer or Job Applicant, you agree and consent that Ninja Gig may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. Ninja Gig may also use such information in order to improve the Site or any other Ninja Gig product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Applicants and Employers).

1(e) Regardless of whether you are an Employer or Job Applicant, Ninja Gig may provide certain categories of information to you for informational purposes only. For example, Ninja Gig may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer.  These figures provided by Ninja Gig are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy.  With respect to information regarding estimated applies, if you are an Employer participating in the Ninja Gig Ads Program, please note that this is not the information you are purchasing from Ninja Gig and you are not charged per apply. Ninja Gig 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 Ninja Gig. These figures are given to Ninja Gig users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

1(f) Regardless of whether you are an Employer or Job Applicant, Ninja Gig may provide certain types of career-related or hiring-related information on its Site. All information contained in any Ninja Gig career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Ninja Gig 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, Ninja Gig is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. As a user of the Site, Ninja Gig may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, 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.

1(g) Regardless of whether you are an Employer or Job Applicant, Ninja Gig may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. Ninja Gig may match a Job Applicant’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Applicant would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event Ninja Gig determines that a Job Applicant matches the Employer’s hiring criteria, Ninja Gig may connect such matching Job Applicant and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Applicant taken directly from the Job Applicant’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Applicant or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Applicant express interest in each other, you agree Ninja Gig may provide the Employer with an email address for the Job Applicant either provided by Ninja Gig or the Job Applicant and, if you are a Job Applicant, you consent to this. Regardless of whether you are an Employer or Job Applicant, by submitting the completed questionnaire, you agree and consent to Ninja Gig (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Job Applicants to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires.

1(h) If you are a Job Applicant, you take a variety of actions on our Site. For example, you search for jobs, and Ninja Gig knows and stores the titles of jobs you search for and click on, where those jobs are located, any information, including salary interest or experience of which you have informed Ninja Gig, or 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 Ninja Gig, or any of your other behavior on the Ninja Gig site, when you use Ninja Gig. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Ninja Gig account or an Ninja Gig-hosted resume, you agree that Ninja Gig may use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Ninja Gig. You also agree that Ninja Gig may contact you based on this observed behavior for Employers or for Ninja Gig itself. Please note, although information may be sent to you by a third party through the Ninja Gig system, the aforementioned behavior does not include information relayed to you. However, Ninja Gig may publicly display the fact that you have recently used the Ninja Gig Site or the fact that you have recently used the Ninja Gig system to correspond with a third party. In addition, if you set your Resume to public, this means that Ninja Gig 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 private.

1(i) If you are a Job Applicant, please note that Ninja Gig may automatically send you recommended jobs via the email address you use to create an Ninja Gig account or apply to a job. Ninja Gig may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Ninja Gig.

1(j) Screening Tools:  Ninja Gig may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and employee assessments. Ninja Gig is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Ninja Gig, 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 Ninja Gig.  You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a "disparate impact". You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Ninja Gig does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You the Employer agree to indemnify Ninja Gig for any and all claims arising out of an Employer’s  use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a "disparate impact".

1(k) Regardless of whether you are a Job Applicant or an Employer, any emails or email notifications corresponding with any actions you take on the Site through the Ninja Gig Apply process are provided solely as a courtesy. Ninja Gig 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. Further, if you are an Employer and you posted a Job Listing directly on Ninja Gig, applications are sent only to your Ninja Gig 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 applicant has not answered screener questions correctly, although these applications will be sent to your Ninja Gig dashboard.

1(l) Ninja Gig may offer beta test products which have different pricing models for posting your Job Listing, including but not limited to payment for candidates you deem to be qualified.  These beta test products may be offered in limited quantities, in limited locations, and for limited job categories in order to gauge interest. If you purchase the beta test product in which you receive a certain number of qualified candidates for a price, please note that any "money back" offer requires that you notify Ninja Gig within thirty days that the candidates you receive do not meet your qualifications.  Ninja Gig reserves the right to offer "money back" either via a refund or simply not invoicing you for payment.  Ninja Gig further reserves the right to change the terms or parameters of any beta test product at any time.

1(m) When you post a Job Ad directly on Ninja Gig, Ninja Gig may automatically generate for you a Company Page. You authorize Ninja Gig to claim such Company Page for you on your behalf, which will be marked as a "Claimed Profile" and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Ninja Gig may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Ninja Gig as well as those indexed by Ninja Gig. You agree that you are solely responsible for any content you put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. Ninja Gig may additionally offer Ninja Gig Company Pages Premium, which includes certain features accessible only on a subscription basis and to be charged as indicated in an insertion order. Ninja Gig reserves the right to change or remove these features at any time, in Ninja Gig’s sole discretion. Additionally, these features may include analytics or other figures, which Ninja Gig does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose.

2. External Sites

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

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

Specifically, Ninja Gig may provide you with access to a link on Ninja Gig to Applicant Pro’s background check services. If you choose to use this link and these services, you are contracting directly with Applicant Pro and Ninja Gig is not a party to this contract. If you choose to order a Applicant Pro background report, either on yourself if you are a Job Seeker or on a candidate if you are an Employer, please note (and you acknowledge) that Ninja Gig cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by Applicant Pro to you or to any Applicant Pro client. Ninja Gig operates solely as a technical conduit, allowing the transmission of background checks sent by Applicant Pro to you. Further, you agree to fully indemnify and defend Ninja Gig for any claims arising out of your use of Applicant Pro’s services or a background check provided to you by Applicant Pro.

If you are a candidate and an Employer using Ninja Gig requests that you conduct a background check through Applicant Pro or any other background check service, and you grant such permission, please note you are contracting directly with your prospective Employer and Applicant Pro. Ninja Gig is not a party to this contract. If you choose to allow an Employer to allow Applicant Pro (or any other party) to conduct a background report for you, please note (and you acknowledge) that Ninja Gig cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by Applicant Pro to any Employer. Ninja Gig operates solely as a technical conduit, allowing a link for the transmission of background checks sent by Applicant Pro to the Employer but has no part in the assembly of this report. Further, you agree to fully indemnify and defend Ninja Gig for any claims arising out of your agreement to allow a background check to be conducted by Applicant Pro or any background check company.

If you are a Job Seeker and you conduct a background check on yourself through Applicant Pro or any other background check service, please note you are contracting directly with Applicant Pro. Ninja Gig is not a party to this contract. If you choose to allow Applicant Pro (or any other party) to conduct a background check report on you, please note (and you acknowledge) that Ninja Gig cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store the background check reports provided by Applicant Pro. Ninja Gig operates solely as a technical conduit, allowing you to conduct a background check on yourself through Applicant Pro, but has no part in the assembly of this report. Further, Applicant Pro may provide you a link for the transmission of the background check to an Employer, and Ninja Gig has no access to this link or your transmission of the link. Finally, if you access a self-conducted background check on Applicant Pro through Ninja Gig, you acknowledge and agree that the fact that you have completed such background check will appear on your Ninja Gig profile, including but not limited to the date on which you completed such background check. You agree to fully indemnify and defend Ninja Gig for any claims arising out of your agreement to allow a background check to be conducted by Applicant Pro or any background check company.

3. Use of Site

You are not permitted to use Ninja Gig’s Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Ninja Gig reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Job Seeker or Employer, or if you wish to purchase Ninja Gig services that utilize the Site, you must have a prior written agreement with Ninja Gig to do so, or have accepted Ninja Gig’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

4. User Content

Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as "User Content"). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Ninja Gig does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Certain elements of Ninja Gig job search results pages may appear to be content produced by Ninja Gig, but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Ninja Gig shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that 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 encourages or causes spamming or flooding.

You are prohibited from posting or requesting any User Content containing official identification information (whether your own or of another person), such as 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 or requesting such identification information may lead to identity theft and other adverse consequences. Ninja Gig may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Ninja Gig reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although Ninja Gig has no obligation to do so, Ninja Gig may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Ninja Gig’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that Ninja Gig deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Ninja Gig immediately so that we may have the opportunity to consider its removal. For clarity, Ninja Gig does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any Ninja Gig policy will always remain within the sole discretion of Ninja Gig.

Ninja Gig reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, 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 Ninja Gig may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on Ninja Gig that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement.

Without limiting the generality of the foregoing, Ninja Gig reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Applicants. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Applicants 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 implicitly excludes certain classes of Job Applicants 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 that directly or indirectly discriminate against Job Applicants or otherwise violate applicable law.

Please note: Section 230 of the U.S. Communications Decency Act provides that:

(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).

5. License to User Content and Feedback

Only to the extent permitted by law, if you post content or submit material to Ninja Gig, including but not limited to photographs or material you submit for a job solicitation hosted on Ninja Gig, you grant Ninja Gig a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Ninja Gig website or its publisher partners, maintaining the Ninja Gig website and promoting Ninja Gig without restriction. Furthermore, you grant to Ninja Gig, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such User Content or Ninja Gig marketing materials, or actions by Ninja Gig to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Ninja Gig for association with a particular Job Listing, Ninja Gig shall not post such content anywhere other than the Employer(s)’s Job Listing.

You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does 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 or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Ninja Gig 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 Ninja Gig 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. There may be a charge for answering and executing such a request; please contact Ninja Gig for more details.

At your discretion, you may provide feedback and related materials to Ninja Gig concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Ninja Gig 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. You agree that Ninja Gig may disclose any or all Feedback to any third party in any manner, and you agree that Ninja Gig may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Ninja Gig under any fiduciary, confidentiality or other obligation, and that we are 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. You further acknowledge that, by accepting any Feedback, Ninja Gig does not waive any rights to use similar or related ideas previously known to Ninja Gig, or developed by its employees, or obtained from sources other than you.

6. Site Rules

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

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

• Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to:
  • sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
  • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
  • data mining any Ninja Gig property;
  • sending messages to users who have asked not to be contacted;
  • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
  • using Ninja Gig Resume contacts in violation of Ninja Gig policy, as determined by Ninja Gig, including, for example, as indicated by low response rates from those persons contacted.
• Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Ninja Gig may block the transmission of such content.
• Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
• Conduct or forward pyramid schemes or similar programs.
• Transmit content that may be harmful to minors.
• Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
• Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Ninja Gig.
• Violate the legal rights (such as rights of privacy and publicity) of others.
• Promote or encourage illegal activity.
• Interfere with other Ninja Gig users’ enjoyment of the Site.
• Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
• Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Ninja Gig account.
• Modify, adapt, translate, or reverse engineer any portion of the Site.
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
• Reformat or frame any portion of the web pages that are part of the Site without Ninja Gig’s explicit written permission.
• Contact other Ninja Gig users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Ninja Gig considers detrimental to its users.
• Create multiple Ninja Gig accounts without permission.
• Create multiple Ninja Gig accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
• Bypass any limitations or suspensions of functionality.
• Provide false information.
• Scrape the Ninja Gig Resume database
• Scrape or otherwise replicate any Ninja Gig content for competitive purposes

Ninja Gig reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Ninja Gig) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Ninja Gig reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you consent to Ninja Gig enforcing these rules or attempting to prevent spam or anomalous activity, which may result in a temporary or permanent suspension or termination of your account or use of certain functions of the Site, including but not limited to the email relay function, for some users, with or without notice, and Ninja Gig shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Ninja Gig reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. Ninja Gig further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming Ninja Gig or its users, or otherwise conducting fraudulent activity on Ninja Gig by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to Ninja Gig. Ninja Gig reserves the right to turn over any information gathered via such investigations to the police or other third party if Ninja Gig has a good faith belief that you are using the Site in violation of these terms.

7. Registration; Contact Information

Some areas of the Site, including areas that may permit you to set up an Ninja Gig account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Ninja Gig account may receive access to information regarding your Ninja Gig account. If you are an Employer, your account is for business use and not for personal use.  Ninja Gig is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Ninja Gig account, you agree to receive mandatory email updates regarding anomalous activity to your Ninja Gig 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.

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) ("Admin(s)") of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality ("Roles") within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to Ninja Gig 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 Ninja Gig 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 and access to your account. You agree that Ninja Gig assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access.

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

You agree that Ninja Gig may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Ninja Gig account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Ninja Gig or that Ninja Gig may otherwise obtain from third-party sources. By providing Ninja Gig with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give Ninja Gig a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or contact Ninja Gig Customer Support. You may also revoke your consent by terminating the Agreement through closing your Ninja Gig account.  By enabling two step verification, you verify that you are the owner of the phone number you provided.

8. Disclaimer of Warranties

Ninja Gig disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Ninja Gig search results (including Jobs Listings) or otherwise made available on the Site by Ninja Gig or third parties (including User Content), regardless of whether paid for or used for free. Ninja Gig disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Ninja Gig for informational purposes only, including but not limited to, Ninja Gig Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Ninja Gig for the aforementioned information. Ninja Gig disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Ninja Gig further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Ninja Gig be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Ninja Gig be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Ninja Gig’s Site.

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

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

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

9. Limitation of Liability

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

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

10. Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Ninja Gig 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 Ninja Gig 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 Ninja Gig 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 Ninja Gig Copyright Notice, 578 West 2050 North, West Bountiful, Utah, 84310, USA (copyright @ ninjagig.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

11. Governing Law and Dispute Resolution

If you are a Job Applicant: this Agreement and any dispute arising out of or in connection with this Agreement ("Dispute") will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Utah, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Davis County, Utah, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Davis County, Utah, U.S.A.

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 an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement 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 Utah, USA. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Davis County, Utah, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in Davis County, Utah, U.S.A.

If you are neither a Job Applicant or Employer as defined in this Agreement and are not using the Site as intended by Ninja Gig, this Agreement 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 Davis County, Utah, U.S.A.

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Ninja Gig. If you intend to propound discovery seeking user information from Ninja Gig LLC., you agree to do so pursuant to a valid federal, Utah or Utah domesticated request, addressed to and properly served at our registered agent in Utah at Ninja Gig, LLC, 578 West 2050 North, West Bountiful, UT 84087. You further agree to submit to the personal jurisdiction of the appropriate Utah state or federal courts for such discovery proceedings.

12. Class Action Waiver

By using the Site and in return for the services offered by Ninja Gig, you acknowledge that Ninja Gig can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Applicant) agree not to sue Ninja Gig 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 Ninja Gig regarding your use of the Site. Additionally, as a Job Applicant, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above.

13. Filtering

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

14. Information or Complaints

If you have a question or complaint regarding the Site, please use our Ninja Gig Help Center. Please note that communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15. Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and program specific terms, program specific terms will govern with respect to the specific program, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Ninja Gig. This Agreement, together with any amendments and any additional agreements you may enter into with Ninja Gig in connection with the Site, shall constitute the entire agreement between you and Ninja Gig concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Ninja Gig employee shall not constitute an amendment or alteration of this Agreement.

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

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

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

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

You may not assign or delegate any of your rights or obligations hereunder without Ninja Gig’s prior written consent and any such attempt is void. Ninja Gig may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Ninja Gig may assign any agreement between you and Ninja Gig to any related Ninja Gig entity by informing you of such assignment. Ninja Gig and you are not legal partners or agents, but are independent contractors.

16. Apple-Specific Terms

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. ("Apple", and such mobile application, the "App"). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Ninja Gig in accordance with the "Information or Complaints" section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Ninja Gig’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

17. The Ninja Gig Apps

By using any of the Ninja Gig Apps, you agree that all of the terms and conditions found herein apply to your use of the Ninja Gig App.  Additionally, you agree that the Ninja Gig App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications.  By downloading and using the Ninja Gig App, you are asking Ninja Gig to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your Ninja Gig Resume.  You further acknowledge that your use of the Ninja Gig Apps may require use of your data plan from your cellular provider.  You are responsible for payment of all data usage accrued based on your use of the Ninja Gig App, and Ninja Gig disclaims all responsibility for such data usage. In addition, if you allow Ninja Gig Apps to utilize location services, the Ninja Gig Apps may suggest to you and collect from you certain information based on your geographic location.

18. Use of Site by Minors

The Site is not for use by anyone under the age of 16. To use the Site you agree that you must be the minimum age (described in this paragraph below) or older.

The minimum age for these purposes shall be 16, however if local laws require that you must be older in order for Ninja Gig to lawfully provide the services in the Site to you then that older age shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use Ninja Gig under the supervision of your parent, legal guardian or responsible adult. Ninja Gig adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ ninjagig.com (remove spaces when sending email).

Last Updated: January 01, 2018

By using or accessing Ninja Gig’s websites ("Site"), you are consenting to Ninja Gig’s use of Cookies as outlined below. All references to Job Applicant and Employer are defined as provided for in the Ninja Gig Terms of Service Introduction.

For the purposes of this Cookie Policy, "Ninja Gig" or "we" means Ninja Gig, LLC and its subsidiaries.

Introduction: What is a cookie?

This Cookie policy helps to explain the occasions when and why cookies may be sent to visitors to the Site (referred to in this policy as "we", "us" or "our"). "Cookies" are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow the Site to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on the Site regardless of whether you are logged in to your account or not.
Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Site.

Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Site, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Site to help customize your Ninja Gig web experience. We may associate personal information with a cookie file in those instances.

How Ninja Gig uses cookies

Like most websites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Site for the following purposes:

Managing cookies in your browser

Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete and manage any cookies that have been installed in the cookie folder of your browser by following the instructions provided by your particular browser manufacturer.

• Google Chrome
• Internet Explorer
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Android Browser
• Opera
• Opera Mobile

If your browser is not listed here, consult the documentation that your particular browser manufacturer provides. You may also consult your mobile device documentation for information on how to disable cookies on your mobile device. If you disable all cookies, you may not be able to take advantage of all the features of this Site. Please note that if you have not cleared your cookies or cache, the contents of which may affect autofill functions on the Ninja Gig site and you are responsible for any such actions.

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

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

Third-Party Cookies

The following cookie table lists a selection of the third party cookies used on Ninja Gig. Although we may update this list periodically, please be advised that the names of cookies, pixels and other technologies are subject to change.

Changes To Our Cookie Policy

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