Terms & Conditions

D. Terms of Service for All Users

The following terms and conditions apply to all Job Seekers, Employers, Publishers, and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. For purposes of this Section of the BARBRI General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in any capacity.

1. Accessing 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 BARBRI 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, BARBRI may provide you with links to 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 not BARBRI.

Pages on our Site may embed content and information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy. Information on Company Pages includes publicly available information and/or information provided by the respective company and/or may come from third parties.

Please note that while this Agreement describes BARBRI’s services generally, services may differ by availability, and you should check the Site to see which services, if any, are available to you.

2. Using our Site

When you use the Site, you agree to BARBRI knowing, processing, analyzing, storing, and recording any and all activities you take on the Site and any and all interactions and communications you have with, on, or through the Site, including, but not limited to, knowing, processing, analyzing, and recording which areas of the Site you visit (including without limitation URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. BARBRI collects data from users visiting our Site in private browsing mode, “incognito mode,” or similar modes. You agree that BARBRI may use third-party vendors to create, store, process, analyze, and record any and all such interactions, activities, and communications made with, on, or through our Site, and that such vendors’ activities are an extension of the Site. By using the Site, you authorize BARBRI and such vendors to make any connections with wires, lines, cables, or instruments, including with communication systems, that may be made in connection with the Site. The Site cannot work as BARBRI intends it to work unless BARBRI undertakes such activities. If you do not want your actions to be processed, analyzed, or recorded this way, do not use the Site.

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. BARBRI 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 Jobseeker or Employer, or if you wish to purchase BARBRI services that utilize the Site, you must have a prior written agreement with BARBRI to do so or have accepted BARBRI’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.

Occasionally, BARBRI may test improvements to our Site and services. Such tests may affect, but are not limited to, the ad delivery system, audience, ad performance, ad placement, profiles, resumes, resume search, job search, recommendations, alerts, and formatting. You agree that BARBRI may conduct such tests, which are meant to improve the effectiveness of our services, without giving notice to you. You agree to pay all charges that appear in the applicable Insertion Order or other agreement during such tests.

BARBRI may offer suggestions, recommendations, or information to users that may support or improve their experience on BARBRI Sites. You understand that these offers are provided as a courtesy and without a warranty, and your use of such information is at your sole discretion. BARBRI assumes no responsibility and disclaims all liability for any actions you take based on any information provided by BARBRI.

3. User Content

Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like 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, or any materials that a user submits to BARBRI, including where it is stated that such materials may be posted on the Site or a third party website, including, but not limited to, mobile apps, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. 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. Once updated by the user, it may take a few days for the change to User Content to be reflected. 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. BARBRI does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of BARBRI job search results pages may appear to be content produced by BARBRI but are actually a reproduction of user-generated search queries. Job Listings or other User Content may be reformatted or include words such as “Powered by BARBRI.” Such content retains its status as User Content despite reformatting or addition of “Powered by BARBRI” or a similar phrase. 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 BARBRI 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 (other than Job Advertisements permitted by this Agreement), 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 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 such identification information may lead to identity theft and other adverse consequences. BARBRI 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. BARBRI 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 BARBRI has no obligation to do so, BARBRI may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in BARBRI’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 (other than Job Advertisements permitted by this Agreement), or that BARBRI deems in its sole discretion to be inappropriate. BARBRI may limit your use of the Site, including but not limited to, your ability to contact other Employers or Job Seekers. If you believe that any User Content violates this Agreement or our policies, please contact BARBRI immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that BARBRI does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any BARBRI policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on BARBRI, will always remain within the sole discretion of BARBRI. You agree that BARBRI has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that BARBRI is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content in its search results or other listings and may exclude or remove any User Content from publication for any or no reason.

BARBRI 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 BARBRI 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. When you post on BARBRI confidentially or otherwise your identity may be discoverable by legal request, including, but not limited to, requests from the government or law enforcement.

Without limiting the generality of the foregoing, BARBRI reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching 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 Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law.

4. License to User Content and Feedback

Only to the extent permitted by law, you grant BARBRI a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, 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 BARBRI website or its publishers or third party sites, maintaining the BARBRI website and promoting BARBRI and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with BARBRI’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, BARBRI’s exercise of these rights, you hereby waive any and all rights to such compensation.

Furthermore, you grant to BARBRI, its affiliates, and sublicensees a license to use your name, username, and/or trademarks and logos in connection with (i) any such User Content, (ii) any BARBRI marketing materials containing or incorporating such User Content, or (iii) any actions by BARBRI to promote or publicize such User Content (e.g., Job Listings), including without limitation the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice, or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from BARBRI’s exercise of its rights pursuant to the license granted hereunder.

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 BARBRI 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 BARBRI 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 BARBRI for more details.

At your discretion, you may provide feedback and related materials to BARBRI 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 BARBRI 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 BARBRI may disclose any or all Feedback to any third party in any manner, and you agree that BARBRI 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 BARBRI 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, BARBRI does not waive any rights to use similar or related ideas previously known to BARBRI, or developed by its employees, or obtained from sources other than you.

5. Rules for Using Our Site

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by BARBRI, unless you have been specifically allowed to do so in a separate, written agreement with BARBRI. 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 BARBRI, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade, or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your BARBRI account and ability to use the Site. You agree that you are solely responsible for (and that BARBRI 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 BARBRI may suffer) of any such breach.

You agree that you shall not transmit to BARBRI 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 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 the Site, or any content, service, or property provided by BARBRI “BARBRI 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 Resume Search contacts in violation of BARBRI policy, as determined by BARBRI, 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. BARBRI 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 BARBRI.
• Violate the legal rights (such as rights of privacy and publicity) of others.
• Promote or encourage illegal activity.
• Interfere with other 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 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 BARBRI’s explicit written permission.
• Contact other users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics BARBRI considers detrimental to its users.
• Create multiple accounts without permission.
• Create multiple 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 Resume Search database
• Scrape or otherwise replicate any BARBRI content for competitive purposes
• Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Listings.

BARBRI reserves the right to use any User Content (including the content of messages or material sent through or to the Site or BARBRI) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. BARBRI 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 agree to BARBRI enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to BARBRI’s message relay, or of your use of any other functions of the Site, with or without notice. BARBRI shall not be responsible or liable for any such suspension or termination, including any consequences thereof.

We reserve the right to not deliver any message, including, but not limited to, job applications, that BARBRI suspects to be malicious or spam, for fraud mitigation, or for any reason. This includes but is not limited to messages with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code. BARBRI further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming BARBRI or its users, or otherwise conducting fraudulent activity on BARBRI by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to BARBRI. BARBRI reserves the right to turn over any information gathered via such investigations to the police or other third parties if BARBRI has a good faith belief that you are using the Site in violation of these terms.

You may not use the Site, or otherwise exchange services or money with BARBRI, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, BARBRI may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.

6. Registering with and Contacting BARBRI

Some areas of the Site, including areas that may permit you to set up an account with BARBRI, 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 BARBRI account may receive access to information regarding your BARBRI account. You are advised to safeguard important data and to not upload confidential information on the Site. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. BARBRI encourages you to enable two-factor authentication on your account. If you do not enable two-factor authentication on your account, please be aware that you are proceeding at your own risk. If someone obtains unauthorized access to your account, they may have the ability to contact users or take other actions through your account, and BARBRI may have only limited ability to remedy such situations.

You agree that BARBRI may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your BARBRI 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 BARBRI or that BARBRI may otherwise obtain from third-party sources. By providing BARBRI with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly consent to receiving communication via such mobile number. If you are a Job Seeker who provided your phone number in connection with your job application, you agree the Employer may contact you at that number. When you give BARBRI a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To stop receiving text messages at any time, reply to the text with STOP or contact BARBRI Customer Support. For clarity, you agree and understand that texting STOP in response to a BARBRI SMS alert will unsubscribe you from BARBRI SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed, such as Text2Apply and Hiring Events. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from BARBRI. You may also revoke your consent to receive text messages by terminating the Agreement through closing your BARBRI account. By enabling two step verification, you verify that you are the owner of the phone number you provided. Revoking consent by replying STOP or terminating the Agreement does not apply to a phone number that an Employer already has that you provided as part of a job application. Once an Employer has your phone number, you agree that BARBRI is not responsible or liable for the manner in which the Employer uses the number.

7. Disclaimers of Warranties

BARBRI 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 BARBRI search results (including Jobs Listings) or otherwise made available on the Site by BARBRI or third parties (including User Content), regardless of whether paid for or used for free. BARBRI disclaims any responsibility or liability for the accuracy, content, completeness, or reliability of information provided by BARBRI for informational purposes only, including but not limited to, BARBRI Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying BARBRI for the aforementioned information. BARBRI disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments, or material (including User Content). BARBRI does not guarantee that the Site will always be error free, safe, or secure. BARBRI 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 BARBRI 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 BARBRI 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 BARBRI’s Site.

BARBRI 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 BARBRI as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will BARBRI 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, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE BARBRI AND THE SITE AT YOUR OWN RISK. BARBRI 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, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. BARBRI 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, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. BARBRI 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 BARBRI. BARBRI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

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.

8. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL BARBRI 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 BARBRI 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 BARBRI 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 BARBRI TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall BARBRI or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) nonperformance of third parties; and (m) other events beyond the control of BARBRI.

9. 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 BARBRI 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 BARBRI 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 BARBRI 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 BARBRI Copyright Notice, 12222 Merit Drive, Suite 1340, Dallas, Texas, USA (legal@BARBRI.com). 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.

10. Governing Law and Dispute Resolution

If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by BARBRI, 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 Dallas County, Texas, U.S.A.

11. Severability and Reformation

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

12. 12. Questions or Complaints

If you have a question or complaint regarding the Site, please use our BARBRI Help Center.

13. Miscellaneous

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

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. or other 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, sanctions, 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; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using BARBRI. If (a), (b), or (c) applies to you, you may not use the Site or Services, and BARBRI may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. 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 BARBRI’s proprietary rights in them.

You understand and acknowledge that BARBRI or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. BARBRI 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.

In the event of any irreconcilable conflict between these BARBRI General Terms of Service will otherwise govern.

Any waiver of any provision of this Agreement will be effective only if in writing and signed by BARBRI. This Agreement, together with any amendments and any additional agreements you may enter into with BARBRI in connection with the Site, shall constitute the entire agreement between you and BARBRI 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 BARBRI employee shall not constitute an amendment or alteration of this Agreement.

Any notices to BARBRI must be sent to the applicable BARBRI 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. Notice to you may be affected 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.

You may not assign or delegate any of your rights or obligations hereunder without BARBRI’s prior written consent and any such attempt is void. BARBRI may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, BARBRI may assign any agreement between you and BARBRI to any related BARBRI entity by informing you of such assignment. BARBRI and you are not in a legal partnership, agency relationship, or employment relationship. When BARBRI provides the Site or any related services to you, BARBRI does so solely in its capacity as a service provider.