Terms of USe

Agreement between user and Kushie Jobs

TERMS OF USE


Introduction


Welcome to Kushie Jobs powered by emeraldcityjobs.net (the “Website”), a service of Emerald City Jobs, Inc. (“We,” “Our,” the “Company”). This page states the “Terms and Conditions” (“Terms”) under which You (“You,” “Your,” “User,” “Users”) may use the Website. Please read this page carefully. 


These Terms constitute a binding agreement between You and the Company and are deemed accepted by You each time that You access, browse, or use the Website. If You do not accept the Terms stated here, do not access, browse, or use the Website.


The Company reserves the right to update these Terms at any time, without notice. You are responsible for visiting this page periodically for updates or changes, as they are binding on You. Users who violate these Terms may have their access to the Website suspended or terminated, at the Company’s sole discretion.


1. Content


All the jobs contained in the Website's search results, or linked from those results, have been provided by external websites over whom the Website exercises no control. The Website automatically indexes all the jobs from external sources and assumes no responsibility for the content of any job listing.


2. Service


The Company provides the Website search platform for personal (non-commercial) job seekers. If You wish to make commercial use of the Company’s platform, You must enter into an agreement with the Company.


3. Indexing of the Website


The Company does not allow the automatic indexing/crawling of the Website's search results outside of the rules provided by Our robots.txt file. (See the kushiejobs.com/robots.txt)


4. Liability


The Company is not liable for any kind of physical, financial or psychological damage caused by the use of the Website. If You find content on the Website that could be potentially harmful, please contact us. Our team will investigate and take action to fix the problem swiftly.


If You are a California resident, You waive California Civil Code Section 1542: “[a] general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”


The Company encourages You to keep a back-up copy of any of Your User content. To the extent permitted by law, in no event shall the Company be liable for the deletion, loss, or unauthorized modification of any User content. The Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Website, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the Terms agreed to by the provider.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.


5. Guarantee


The Company’s team works hard to maintain a high quality of indexed jobs. Because the Company indexes a lot of content, the We cannot guarantee the validity and genuineness of all the jobs indexed on the Website. If You find any jobs that look "spammy", "fishy" or "expired", please contact us. The Company’s team will investigate and take action to fix the problem swiftly.


6. Eligibility


You must be at least 18 years old to use or view the Website. Use of the service is void where prohibited. By using or viewing the Website, You represent and warrant that You have the right, authority, and capacity to enter into this agreement, to abide by all the Terms, that You are at least 18 years old, and are interested in and wish to have access to content regarding cannabis. Please note that some positions are for those 21 and over – please read the job requirements BEFORE applying.


7. Representations and Warranties


By using and/or viewing the Website, You represent and warrant under penalty of perjury the following:


1. That You are an adult, at least 18 years of age.

2. That You will not permit any person(s) below 18 years of age to have access to any of the materials contained within this site.

3. That You are aware of applicable state and local laws governing medical and recreational cannabis activity in the jurisdiction in which You are either seeking employment or posting employment opportunities.



Security Measures


1. Protection


The Company continuously tests the system for potential breaches, and has dedicated resources to monitor its servers for any potential intrusions or hack attempts. SSL is used when necessary, and there are strict access control policies within Our organization. Firewall is used on sensitive servers and anti-virus programs are run regularly. No system is 100% secure, so the Company dedicates resources to ensure that We minimize the risk of leaks, breaches, or hacks.


2. Links


As a search engine, most clicks will forward Users to the source website. We diligently try to remove sources containing malware, excessive advertising, phishing strategies, or any other method potentially harming Our users or degrading their job search experience. If You run into a link that contains any of these qualities, please contact us. We will investigate and take action swiftly.


3. Cookies


The Website uses cookies. “Cookies” are text-based files that a server (the Website) and a browser (You) share to keep track of certain events or preferences. 


Cookies are temporary and anonymous, and can be deleted from Your browser at any point.


Privacy


The following Privacy Policy describes how the Website collects, handles, and processes Your data when You use or interact with Our websites and services. When this policy mentions “the Website,” “We,” “Us,” or “Our,” it refers to the Company, which is in charge of collecting, handling, and processing Your information. The Website is a job aggregator that indexes all cannabis-related jobs available online so You can find every job listed online on one single website.


1. INFORMATION WE COLLECT


In order for Us to better serve Our Users, there are two categories of information We collect:


1.1 Long-term Data


“Long-term Data” refers to any data We collect to offer You a better job seeking and application experience. “Long-term Data” includes the following:


Creation of Account. When You apply for a job through the Website’s platform, We save Your first name, last name, email address, cover letter, and last uploaded resume (i.e. most recently uploaded attachment) and associate it with an Account, so You can easily apply for subsequent jobs without having to re-enter Your application information every time.


We also collect Your job search history (jobs viewed, jobs added to favorites, jobs applied for, keywords and location typed in the search bar) to give You better and more personalized results so that You are able to find jobs You are interested in faster and easier.


In order to keep You logged into Your account as You navigate Our Website, We also collect and store cookies that are purged the second You log out.


Traffic Quality. We collect IP addresses and information on the device, operating system, and browser used to access Our jobs. This information is stored separately from all other information and is anonymized so that it cannot be tied to any other information that can be used to identify You as an individual. This helps Us guarantee that Our traffic is genuine and acts as proof that real people, and not robots, click on Our jobs.


Email Alerts. When You subscribe to the Website’s Email Alerts service (also commonly referred to as “Job Alerts”), We collect Your email address, as well as the keyword(s) and location typed in the search bar or displayed on the job posting from which You subscribed to email alerts. That way, We can email You personalized job listings related to Your job search.


You may manage alerts or unsubscribe at any given time by clicking on the “Unsubscribe from Job Alert” link at the bottom of any email alert. You can then click on the “Delete” button next to the alert You wish to remove.



1.2. Short-term Data


"Short-Term Data" refers to any information that is requested by an employer in order for a job seeker to successfully apply for the employer's job, aside from the information already mentioned above in the "Long-Term Data" section.


Some of the most common examples of “Short-Term Data” are proficiency level with certain programs; level of fluency with certain spoken or written languages; other skill assessments; or external links, such as portfolio links.


When You apply for jobs and submit Your application to employers directly through the Website, We act as an intermediary between You and the employer. We collect this data temporarily in order to automatically transmit it to the employer on Your behalf.


1.2.1 Important Notice


Once an application is transmitted to an employer, the Website cannot reverse the process or retrieve any data that was already transmitted to the employer’s end.


When You apply to a job using the Website, You understand and agree that Your application information is sent to the employer and that once Your application is transmitted, the process cannot be undone since a copy of Your information will already have reached the employer’s end.


2. HOW WE USE INFORMATION


Content Customization. We use the information We collect to provide a personalized and simplified job seeking and application experience, whether it is showing You job listings tailored to Your needs, sending You customized email alerts, or offering You a one-stop platform where You can apply to all the jobs You are interested in with Your application data being automatically and transparently transmitted to the employers.


Services Improvement. We use an anonymized version of Your IP address to see how different users interact with Our services so that We can better improve them.


2.1 How long do We keep Your information?


“Long-term Data” (see 1.1) is stored in Our system for as long as We need it to successfully provide Our services—or until You wish to purge it (see 5.3). For example, in the case of Email Alerts, We need to store Your email address so that We can send You the alerts You have subscribed to. You can access, manage, and purge “Long-term Data” by logging into Your Website account (see 6.1).


“Short-term Data” (see 1.2) is stored in Our system for up to 10 days before being automatically purged. We keep it in case the transmission of Your information to the employer has failed and We need to retransmit it to them. You may also purge Your “Short-term Data” at any time by logging into Your the Website account (see 6.1).


2.2 How is Your information stored?


Information We collect is transferred to, processed, and stored in California. Protecting Your privacy and personal information of chief importance to Us. We have a team assigned on all data security matters and are continuously working on new features to keep Your information secure. The Website is committed to handling and processing Your data in the most secure way and places great importance on the way Your information is being handled and processed.


3. HOW WE SHARE INFORMATION


We only disclose the information We collect from You as described below:


We may share Your anonymized IP address to Our partners or clients, but We will never share any other “Long-term Data” or “Short-term Data” to any other third parties. The reason why We share this information with Our partners is for traffic quality assurance. This information acts as proof that real people, and not robots, click on their content.


We never use the personal data We collect through the Website for direct marketing purposes.


We will never sell any of Your information to advertisers or third parties. 


4. CONSENT


We only collect and process Your personal data where You have given Us explicit consent to do so.


4.1 Withdrawing consent


You have the right to withdraw Your consent at any time. The withdrawal of Your consent does not affect any processing that has already taken place before the withdrawal. Please note that the withdrawal of Your consent may prevent You from further using some of Our services.


5. YOUR RIGHTS

5.1 Right of access


You have the right to know whether Your personal data is being processed and, where that is the case, access to the personal data. We can provide a copy of the personal data undergoing processing upon Your request (see 5.5), unless it affects the rights and freedoms of others.

If You have concerns about the purposes of Your data processing, the categories of personal data concerned, the parties to whom it is disclosed, or the period of time during which We store Your data, please contact us and We will gladly clarify any doubts You may have on the matter.


5.2 Right to rectification


You can modify most personal information We collect from You by logging into Your account (see 6.1). If You were in a situation where You would not be able to edit the information You would wish to correct, please contact us with detailed information on the data You wish to rectify so We can address Your issue in a timely manner.


5.3 Right to erasure


You have the right to obtain the erasure of Your personal data without undue delay and may do so by logging into Your account (see 6.1).


The Website has the obligation to erase said data when it is no longer necessary in relation to the purposes for which it was collected or otherwise processed. 


We will also erase Your personal data if You withdraw consent on the processing of Your data (see 4.1) or object to its processing (see 5.6).


5.4 Right to restriction of processing


You have the right to restrict the processing of Your personal data for a period enabling Us to verify the accuracy of Your data. You may also choose to restrict the processing of Your data rather than completely erasing it from Our system, in which case You will need to contact us.


5.5 Right to data portability


You have the right to receive a copy of the personal data You have provided Us, in the event where this data can be traced back to You, as an individual. You may request a copy of Your personal data by contacting us. You also have the right to transmit said data to another party.


5.6 Right to object


You have the right to object to the processing of Your personal information and may do so at any time by contacting us.


6. MANAGING YOUR INFORMATION


You have control over the information You choose to give Us. Further, you may access, edit, or purge Your information at any time.


6.1 Accessing, editing, and erasing Your information


Account Information. If You wish to access or edit Your account information, You may do so by logging into Your account. If You would rather delete all information associated with Your account (whether “Long-term Data” or “Short-term Data”), You may do so by logging into Your account, clicking on the “Settings” section, and then on “Purge my account information”. All “Long-term Data” and “Short-term Data” associated with Your account will be removed from Our system permanently, including data associated with any email alerts You may be subscribed to.


Email Alerts. If You wish to access or edit Your alerts, You may do so by clicking on the “Manage job alert settings” in the “Improve alert” section of any email alert. You will then be able to edit or remove individual alerts by clicking on the “Improve alert” button which allows You to change keywords and location or to improve relevancy.


If You would rather unsubscribe, You may do so by clicking on the “Unsubscribe from Job Alert” link located at the bottom of any email alert. You can then click on the “Delete” button next to the alert You wish to remove.


7. EMPLOYERS


When posting a job on the Website, employers are required to enter their email address in order for Us to communicate with them throughout their recruitment process (e.g. sending You applications from candidates applying for jobs You posted, notifying You when Your job needs to be activated or was deactivated).


As We do with all Our users’ information, We only collect and process employers’ personal data where You have given Us explicit consent to do so. We also encrypt email addresses provided by employers through Our job posting tools and never share this information with third parties, except if You choose to sponsor the job You posted, in which case Your email address will be shared with __________, a service We use to safely conduct all payments processed using the Website’s job posting tools.


When sponsoring a job on the Website, employers are required to enter additional information, including credit card information such as name on card, card number, expiration date, and CVC number (the user’s “Payment Details” or “Payment Information”). All Payment Details are securely and automatically transmitted to Stripe Inc. to ensure no sensitive Payment Information gets stored in Our servers.


Should employers wish to exercise any rights detailed in the above policy, they may do so by contacting us.


Publisher


Our policies are in place to help ensure a positive experience for all parties involved in Our Publisher and API programs. All publishers are required to adhere to the following terms. If You, as a publisher, fail to comply with any of these terms without permission from the Website, We reserve the right to suspend and close Your account and cancel any scheduled payments immediately without further notice or official notification. Once Your account is disabled, You may be ineligible for further participation in Our publisher program.

Because Our policies are subject to change at any time, please check the current page for update. It is Your responsibility to keep up with, and adhere to, the policies listed here. Exceptions to these policies are permitted only with authorization from the Website.


What do publishers do?


Publishers are third-party entities from whom the Website buys traffic, as part of Our traffic acquisition strategy. They publish Our content on their website and send their visitors to Our pages in exchange for a click-based rate which may vary depending on numerous factors, including the publisher’s country or exposure.


Our relationship with publishers is primary a partnership – as in, all parties involved shall benefit from it. Publishers must guarantee that they will bring quality traffic to Our website, meaning all users browsing their websites must show genuine interest when clicking on Our links and, hence, must agree to being redirected on Our website and browse Our content. Any publisher that does not follow this guideline may be exposed to severe consequences, such as account cancellation or disabling.


Invalid and misleading traffic – what is it and how do We prevent it?


the Website treats policy violations and invalid traffic very seriously in order to protect job seekers, publishers, and advertisers. We pay close attention to traffic behavior by analyzing all clicks to determine whether they fit a pattern of use that might artificially drive up an advertiser’s costs or a publisher’s earnings.


More specifically, We sample part of the traffic to measure what We call “Intent of Apply” (IOA) which corresponds to the percentage of people who show genuine interest in applying on a given job. This is the most accurate indicator of users’ IOA as it requires them to fill out a quick form, showing they are interested in applying for the job they are reading about. The industry average is 10%, meaning for every 100 visitors, 10 are usually willing to fill the form in order to access the employer’s website. If a publisher’s IOA rate goes under a certain percentage, it triggers a quality assurance (QA) process, where We look for any invalid or misleading traffic sources, such as:


•Adult content websites;

•Malicious websites;

•Malware websites;

•Pop-under traffic;

•Iframed traffic; and

•Bulk unrelated traffic.


If the majority of Your traffic comes from any of the aforementioned channels We will consider it as invalid, as it does not bring quality traffic to Our website and interferes with Our site navigation. Please be advised that We will consider this as a violation of Our agreement and will proceed to suspend or close Your account without further notice. We will also cancel any scheduled payment and reimburse all other parties impacted by Your traffic, if any.


Certain content is prohibited on this Website including but not limited to the following:


1.That which is implicitly or explicitly offensive, such as User content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;

2. That which harasses, incites harassment or advocates harassment of any group or individual;

3. That which involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;

4. That which promotes or endorses false or misleading information or illegal activities subject to applicable local and state laws of the jurisdiction where the job opportunity is located (collectively, “Illegal Activity”) or conduct that is abusive, threatening, obscene, defamatory or libelous;

5. That which promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protected devices, or providing or making available pirated music or other media or links to pirated music or other media files;

6. That which contains restricted or password only access pages, or hidden pages or images;

7. That which displays or links to pornographic, or sexually explicit material of any kind;

8. That which provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner or solicits personal information from anyone under 18; 

9. That which provides instructional information about Illegal Activities prohibited by these Terms; 

10. That which solicits passwords or personal identifying information from other Users; and

11. That which contain images depicting the consumption of cannabis or cannabis products.


Additional Terms


Links to Other Sites


The Website contains links to third party Websites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If You decide to access linked third-party Websites, You do so at Your own risk.


No Resale or Assignment.


You agree not to resell or assign Your rights or obligations under these Terms.


Disclaimer of Warranty.


TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, THE COMPANY IS NOT RESPONSIBLE FOR THESE COSTS.THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.


Disclaimer of Consequential Damages.


TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnification.


You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, arising from or relating to, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) User content or other material You provide to the Website, (ii) Your use of any Website content, (iii) Your breach of these Terms; or (iv) any relationships or transactions originated or facilitated through the Website, User content, or otherwise. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.


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. No change to these Terms shall be made except by a revised posting on this page. Any waiver of any provision of this agreement will be effective only if in writing and signed by the Company. Failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. This agreement, together with any amendments and any additional agreements You may enter into with the Company in connection with the Website, shall constitute the entire agreement between You and the Company concerning the Website. Any communication between You and a Company employee shall not constitute an amendment or alteration of this agreement. 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. Except to the extent applicable the law provides otherwise, this agreement, any access to or use of the Website will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions. Any dispute arising under this agreement shall be settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service (“JAMS”) located in Orange County, California. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees.


CONTACT INFORMATION


Kushie Jobs welcomes your questions or comments regarding this Terms of Use. If you believe that Kushie Jobs has not adhered to this Statement, please contact us at:


Email Address: hello@kushiejobs.com

Telephone: (720) 721-4255


Last Updated: January 28, 2019

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