Terms of Service

FUSION TERMS OF USE

 

Effective Date: May 27, 2021

 

The website or mobile application (collectively, the “Site”) from which you are accessing these Terms of Use (“Terms”), including the websites located at https://fusionrl.com/, http://www.findatruckerjob.com/, https://www.findanursingjob.com/, https://talenize.com/ and https://hire.fatj.com/ is operated by Fusion Recruiting Labs, Inc. and its subsidiaries and affiliates (together, “Fusion,” “we,” “us,” and “our”). These Terms apply to all contents, information, products, and services made available on the Site. You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site and confirm that you are not located outside the United States. We currently only accept business and Site visitors within the United States. If you are using the Site on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity. In these Terms, we refer to job applicants using our Site as “Job Applicants” and companies posting jobs on or through this Site as “Company” or “Companies.”

 

These Terms are in addition to any other agreements you may enter into with Fusion for products or services. In the event of a conflict between these Terms and any other agreement between you and Fusion, the terms of the other agreement shall govern.

 

Please review THESE TERMS carefully. By using THE Site, you acknowledge that you accept the TERMS set forth herein. If you do not accept such TERMS, you may not access the Site.

 

Binding Arbitration
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND FUSION MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST FUSION TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. Please review Section 12 for the details regarding your agreement to arbitrate any disputes with FUSION.

 

Privacy
Please review our (“Privacy Policy”) which describes how we use and collect information through the Site.

 

Job Applications
If you are a Job Applicant, by using the Site, you acknowledge that Fusion does not have control over the quality, accuracy, completeness, veracity or legality of content provided by Companies.

 

By submitting a job application, you consent to our sharing your resume together with any additional information you provide to us during the application process with the Company or Companies with whom you are applying. This means that you give us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license (and right to sub-license) of any rights, including intellectual property rights, in your resume and any additional information you provide to us, to share or otherwise use such resume and additional information as we reasonably require to fulfil the services we provide to you, subject to our Privacy Policy. Fusion does not guarantee that any Company will receive, access, read or respond to any job application, or that there will be no mistakes in the transmission of the data. However, Fusion may alert you when any of the above events occur.

 

You shall not submit any resume or other information through the Site which: (i) contains any sensitive personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iii) otherwise violates these Terms.

 

UserAccounts
You may be required to register for an account to use parts of the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Fusion has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information provided at the end of these Terms. Fusion will not be liable for losses, damages, liability, expenses, and fees incurred by Fusion or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

 

While Fusion endeavors to make the Site available twenty-four (24) hours a day, we will not be liable if for any reason it is unavailable at any time or for any period.  Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control. Fusion reserves the right to terminate or suspend your access to all or part of the Site for any or no reason, including any violation or suspected violation of these Terms.

 

Ownership of Site
The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Site Content”) are the property of us or our licensors, as applicable. The Site and Site Content are protected by United States and international copyright and trademark laws. The Site Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. You shall not remove or alter any copyright notice or any other proprietary notice on the Site or on any Site Content. “FatJ” and “FindaTruckerJob.com” and all other names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Fusion or its licensors, clients, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms. All rights not expressly granted herein are reserved to us and our licensors.

 

License
Fusion grants you a non-exclusive, non-transferable, revocable, limited license to use the Site subject to these Terms and Fusion’ policies made available on the Site. Neither the Site nor any related Site Content may be reproduced, copied, framed, linked to or otherwise exploited for any commercial purpose without the express prior written consent of Fusion.

 

User Submissions and Feedback
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is your responsibility. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in Fusion’s Privacy Policy, you agree that any Submission provided by you is provided on a non-proprietary and non-confidential basis. You hereby grant to Fusion a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Fusion agrees to use any personally identifiable information contained in any of your Submissions in accordance with Fusion’s Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When you provide Submissions, you agree that those Submissions shall not be in violation of these Terms. These Terms do not require Fusion to monitor, police or remove any Submissions or other information submitted by you or any other user.

Any suggested improvements and feedback that you provide regarding the Site are not confidential information, and you grant to Fusion an unrestricted, irrevocable, fully paid-up, and non-exclusive right to use such suggestions and feedback for any purpose.

 

CopyrightPolicy
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 the materials posted on the Site infringe your copyright, you (or your agent) may send Fusion a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged 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);
Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Fusion to locate the material on the Site;
Your name, address, telephone number, and email address (if available);
A statement that you have 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
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 Fusion a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices must be sent to Fusion’ designated copyright agent at the contact information provided at the end of these Terms.

 

Security and Restrictions on Use
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) accessing or using the Site or any portion thereof without authorization; or (iv) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or harmful.

 

You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
For sending or storing any unlawful material or for deceptive or fraudulent purposes;
To send or store any unsolicited, harassing, profane or hate-related or violent content, or any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights;
To send or store any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity;
To access another user’s account, impersonate any person or entity, or falsify or manipulate headers or identifiers to disguise the origin of any content transmitted through the Site;
In any manner that could disable, overburden, damage, or impair the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site; or
Otherwise attempt to interfere with the proper working of the Site.
 

Communications
By creating an account with us, “quick applying,” submitting a job application or signing up to receive free job alerts, you electronically agree to accept and receive communications from us [and/or the Companies to whom you submit a job application], including via email, postal mail, text message, calls, push notifications to the cellular telephone number and any other contact information you provide to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Fusion [and/or the Companies to whom you submit a job application], including but not limited to communications concerning job opportunities you may be interested in, special offers and promotions or information about your account. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. You may opt-out of receiving emails regarding job alerts or marketing communications by following the opt-out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing marketing@fusionrl.com. You may also opt-out of receiving text messages from Fusion and/or our customers to whom you submit a job application by replying “STOP” from the mobile device receiving the messages.

 

Links to Third Party Sites
The Site may contain links to third-party websites, applications and advertisements. Please understand that those third-party websites, applications and advertisements have different terms of use and privacy policies, and that Fusion does not endorse or control and is not responsible for the content of such websites or the privacy practices of such third parties. The information collected by such third-party websites is not covered by the Privacy Policy.

 

Changes to Terms
The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

 

Agreement to Arbitrate
In consideration of and as a condition of your use of the Site, you and Fusion (collectively, “the parties”) agree as follows (the “Arbitration Agreement”):

 

Applicability; Exclusions; Court and Jury Trial Waiver

The parties agree that any and all covered disputes (as defined below) that either party has the legal right to sue for in court, whether now or in the future, shall be subject to final and binding arbitration under the arbitration provisions set forth below. This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all covered disputes, regardless of when the dispute first arose or arises and irrespective of the time period(s) involved in the dispute. The term “covered disputes” means all disputes and claims between the parties, including any disputes or claims: arising out of or relating to these Terms; relating to the relationship between the parties; arising under any state, federal, or international law(s) of similar import, and all other claims or disputes under federal, state, and local statutes and laws, municipal ordinances, executive orders, contract, tort, public policy, or common law (judge-made law).

 

The parties intend to require arbitration of all covered disputes that can lawfully be arbitrated. It is understood by the parties that the term “covered disputes” shall cover and include all such disputes not only between the parties to these Terms but also all disputes or claims against any of your heirs, executors, personal representatives, and assigns, and all such disputes or claims not only against Fusion but also against any and all of its affiliates, subsidiaries, and parents collectively and its and their predecessors and successors and any of its and their collective officers, agents, employees, members, shareholders, directors, managers, and attorneys.

 

Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding

Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute including, but not limited to, issues regarding the non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, any issues regarding arbitrability of the parties’ dispute, statute of limitations, and all other issues regarding the application, interpretation, and implementation of these Terms. The arbitrator’s decisions shall be final and binding. The parties agree that a court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator or to confirm an arbitration award, and any such proceeding shall not itself be deemed a covered dispute.

 

Selection and Authority of Arbitrator; Full Remedies Available; Enforceability

The parties agree that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures as they exist at the time of the Terms’ execution. To the fullest extent permitted by law, the arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions of these Terms. The arbitrator shall have the authority to apply any federal, state, local, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the covered dispute. If there are any ambiguities in these Terms, it is the parties’ intent that all ambiguities be resolved in favor of arbitration. If any provision of this Arbitration Agreement is unenforceable, the remainder of this Arbitration Agreement shall remain in full force and effect.

 

Class and Collective Action Waiver; No Consolidated or Joint Actions

The parties agree that all covered disputes brought against each other will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any covered dispute or any claim or issue in a covered dispute on any basis other than on an individual basis and may not proceed or direct the parties to proceed on a class or collective action basis or consolidate or join one or more covered disputes pertaining to you with any other individual’s or entity’s covered dispute(s). The provisions in this Arbitration Agreement mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any covered dispute, and each party agrees to opt-out of or be severed from any such action or proceeding.

 

Fees, Award

The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, Fusion will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (ii) where the arbitrator determines that it is appropriate or necessary based on your financial resources, Fusion shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law. The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law. Either party may request that a transcript and/or recording of the hearing be made.

 

Disclaimer and Limitation of Liability
WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SERVICE IS PROVIDED BY FUSION ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUSION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE, OR THE SERVICES PROVIDED THROUGH THE SITE. THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FUSION IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER FUSION NOR ITS AFFILIATES, and each of ITS respective officers, directors, employees, agents, representatives IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY JOB APPLICANT OR FUSION CUSTOMER. NEITHER FUSION NOR ITS AFFILIATES, and each of ITS respective officers, directors, employees, agents, representatives WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY JOB APPLICANT OR FUSION CUSTOMER. If you have a dispute with one or more JOB APPLICANTS OR FUSION CUSTOMERS, you agree to waive and release FUSION (including FUSION’ affiliates, and each of OUr respective officers, directors, employees, agents, representatives) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes. WITH respect to the foregoing waiver and release, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, which states:

 

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL FUSION OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE SITE IS [ONE HUNDRED DOLLARS ($100.00)]. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

 

Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Nothing in these Terms will limit any liability that cannot be limited or disclaimed under applicable law.

 

Indemnification
You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from: (i) any violation by you of these Terms, including any violation of any applicable laws, rules or regulations; (ii) any dispute or issue between you and any third party, including any job applicant or Fusion’s customer; or (iii) from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

 

Miscellaneous
These Terms shall be governed by the laws of New Jersey, and, except as set forth in Section 12 of these Terms, you agree to submit to the exclusive jurisdiction of the courts of New Jersey in respect of any disputes arising under or in connection with these Terms. Notwithstanding any provision of these Terms, Fusion may seek equitable, including injunctive, in any court of competent jurisdiction in the event of any breach or threatened breach of these Terms by you.

 

The Site is controlled and operated from within the United States. Without limiting anything else, Fusion makes no representation that the Site, Site Content, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited.

 

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

 

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account, block your access to the Site and block IP addresses.

 

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

 

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

 

How toContactUs
If you have any questions, comments or notices regarding these Terms, please contact us at:

 

280 Highway 35 South

Ste. 302

Red Bank, NJ 07701

 

Email marketing@fusionrl.com.

 

 

Fusion’s original Terms of Use included this language providing consent to receive communication from Companies. The consent language on the FusionRL short form would not give Companies the ability to send automated texts in compliance with applicable law. The hiring company would need to ask for consent when it interfaces with the applicants, whether in the long form job application or some other place. So, either the consent on the short form needs to be changed or we should revise this so that the hiring Company itself will get its own consent on the long form. Please let us know how you would like to proceed.