Mediabistro Job Board Terms of Service

These Job Board Terms of Service (the “Job Board Terms”) are a legally binding agreement between you (“Customer,” “you”) and CognoGroup, Inc., a Colorado corporation, doing business as Mediabistro (“Mediabistro,” “we,” “us”).

Mediabistro is a website owned and operated by CognoGroup, Inc.

By creating an employer account, purchasing a job posting plan, clicking an “I agree” checkbox, submitting an Order Form, posting a job, or otherwise accessing or using the Mediabistro job board and related services, you agree to these Job Board Terms. You also acknowledge that you have reviewed Mediabistro’s General Website Terms of Use and Privacy Policy, which are incorporated by reference.

If there is any conflict, these Job Board Terms govern employer job-posting subscriptions, except where an applicable Order Form expressly states otherwise.

If you are accepting these Job Board Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization, and “you” includes both you and the organization.

1. Definitions

• Job Board means the Mediabistro job board and related employer-facing tools that allow employers to publish job opportunities and receive applications.
• Services means the Job Board, employer account tools, application delivery options, and related services provided by Mediabistro.
• Employer Account means the account used to access and manage the Services.
• Plan means a subscription-based job posting package offered by Mediabistro.
• Subscription means the recurring arrangement under which Customer pays Subscription Fees for a Plan.
• Subscription Fees means the recurring fees charged in advance for a Plan.
• Billing Period means the recurring period (typically monthly) for which Subscription Fees are charged.
• Posting Credit means the right to publish one (1) job posting during a Billing Period, unless otherwise stated.
• Job Posting means any employment opportunity submitted for publication on the Job Board.
• Order Form means any written or electronic order, checkout flow, or invoice accepted by Mediabistro.
• Users means job seekers and other visitors toMediabistro.
• Customer Content means Job Postings and any other content submitted by Customer.
• User Data means personal data relating to Users that Customer receives through the Services.
• Term means the duration of an active Subscription, including renewals.

2. Order of Precedence

In the event of conflict, the following order applies:

1. Applicable Order Form
2. These Job Board Terms
3. General Website Terms of Use
4. Privacy Policy

3. Services and Access

3.1 Access

During an active Term, Mediabistro grants Customer a limited, non-exclusive, non-transferable right to access and use the Services in accordance with these Job Board Terms.

3.2 Availability

The Services are provided on an “as available” basis.Mediabistro does not guarantee uninterrupted availability and may suspend access for maintenance, updates, or operational reasons.

3.3 Changes to Services

Mediabistro may modify or discontinue features or Plans. If a Plan is materially reduced during a paid Billing Period, Mediabistromay issue a prorated credit for the unused portion of that Billing Period as Customer’s sole remedy, except as required by law.

4. Plans, Posting Credits, and Publication

4.1 Posting Credits

Unless otherwise stated:

• Each Plan includes a defined number of Posting Credits per Billing Period.
• Posting Credits expire at the end of the Billing Period if unused.
• Posting Credits do not roll over and are not redeemable for cash.

4.2 Job Posting Duration

Unless otherwise stated, Job Postings remain active for up to 30 days from publication. Posting duration is independent of Subscription length.

4.3 Review and Removal

Mediabistro may reject, edit, suspend, or remove any Job Posting at its discretion if it violates these Job Board Terms, applicable law, or Mediabistro content standards. Mediabistro has no obligation to publish any Job Posting. Removal or rejection of a Job Posting does not entitle Customer to any refund, credit, or other remedy except as expressly stated in these Job Board Terms or required by law.

4.4 No Performance Guarantees

Mediabistro does not guarantee applicant volume, response rates, time-to-hire, or hiring outcomes. Customer acknowledges and agrees that it has not relied on any statements, representations, projections, or assurances outside these Job Board Terms or an applicable Order Form when entering into a Subscription.Mediabistro makes no representations regarding hiring success, applicant suitability, or business outcomes.

5. Customer Responsibilities

Customer agrees to:

• Provide accurate and current account and billing information.
• Post only genuine, lawful job opportunities.
• Comply with all applicable employment, advertising, privacy, and anti-discrimination laws.
• Maintain the confidentiality of login credentials.
• Notify Mediabistro promptly of any unauthorized access.

6. Prohibited Uses

Customer will not:

• Post misleading, unlawful, or discriminatory job listings.
• Use the Services for spam, solicitation, or data harvesting.
• Infringe intellectual property or privacy rights.
• Attempt to interfere with or gain unauthorized access to the Services.
• Misuse User Data or circumvent intended application workflows.
• Circumvent, bypass, or attempt to bypass posting limits, Posting Credits, application workflows, paywalls, or access controls, including through manual or automated means.

7. User Data and Privacy

Customer is solely responsible for lawful handling of User Data received through the Services. Customer must implement reasonable safeguards and comply with all applicable data protection laws.Mediabistro’s data practices are described in its Privacy Policy.

8. Intellectual Property

Mediabistro retains all rights in the Services. Customer grantsMediabistro a non-exclusive, royalty-free license to use Customer Content solely to operate and promote the Services. Customer represents it has all necessary rights to grant this license.

9. Fees, Payments, and Auto-Renewal

9.1 Auto-Renewal

Plans renew automatically for successive Billing Periods unless cancelled before the end of the current Billing Period.

9.2 Authorization

Customer authorizes Mediabistro and its payment processors to charge the payment method on file for Subscription Fees, taxes, and other agreed charges.

9.3 No Refunds; No Proration

Except as required by law or expressly stated in an Order Form:

• All fees are non-refundable.
• There are no prorated refunds or credits for partial Billing Periods, unused Posting Credits, or unused time.
• Cancellation stops future billing only.
• Discretionary credits do not create an obligation to provide refunds.

9.4 Taxes

Fees exclude taxes. Customer is responsible for all applicable taxes, excluding taxes on Mediabistro’s net income.

9.5 Chargebacks

Mediabistro may suspend access during chargebacks or disputes and may submit evidence of acceptance and usage. Customer remains responsible for valid charges.

10. Cancellation

Customer may cancel via the Employer Account billing controls or any other method expressly made available by Mediabistro. Cancellation is effective at the end of the current Billing Period.

11. Suspension and Termination

Mediabistro may suspend or terminate access immediately for violations, misuse, security risks, or non-payment. Either party may terminate for a material breach that remains uncured after five (5) days’ written notice, except that payment obligations and no-refund provisions survive termination.

12. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Mediabistro DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mediabistro’S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER IN THE THREE (3) MONTHS PRECEDING THE CLAIM. Mediabistro WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

14. Indemnification

Customer will indemnify and hold harmless Mediabistro and CognoGroup, Inc. from claims arising from Customer Content, hiring decisions, User Data handling, or breach of these Job Board Terms.

15. Assignment

Customer may not assign without consent, except in connection with a merger or sale of substantially all assets. Mediabistro may assign freely.

16. Changes to These Terms

Mediabistro may update these Job Board Terms by posting a revised version and updating the Effective Date. Continued use after the effective date constitutes acceptance.

17. Governing Law and Dispute Resolution

These Job Board Terms are governed by the laws of the State of Connecticut, without regard to conflict-of-laws principles.

Binding Arbitration. Any dispute arising out of or relating to these Job Board Terms or the Services shall be resolved exclusively by binding arbitration administered in Connecticut, except that either party may bring an individual claim in small claims court in Connecticut if eligible.

The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

18. Entire Agreement; Severability; No Waiver

These Job Board Terms, together with incorporated documents, constitute the entire agreement regarding the Services. If any provision is unenforceable, it will be modified to the minimum extent necessary. Waivers must be in writing.

19. Relationship of the Parties

The parties are independent contractors. No partnership, agency, or joint venture is created.

20. Survival

Sections relating to fees, no refunds, intellectual property, customer content licenses, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution shall survive termination or expiration of these Job Board Terms.