User Agreement

USER AGREEMENT

This User Agreement is legally binding and governs your use of the Whitsy website and all related web and mobile services including those from third parties that are incorporated or used in conjunction with the Whitsy website and service.  Whitsy, the Whitsy website, related services and all content, software, databases and materials related to Whitsy are properties of Magic Wand Research, LLC, although will be referred to herein simply as “Whitsy.”

If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Whitsy website or related services. These Terms of Use are effective as of August 29, 2012.  Your continued use of the Whitsy website or services after this effective date signifies your acceptance of this User Agreement.  By accessing or using the Site you signify that you have read, understood, and agree to be bound by this User Agreement. Whitsy has the sole discretion to terminate your use of the Whitsy websites and services for any violation of these terms of use or for violations of any laws, regulations or policies.  Whitsy reserves the right to modify the terms of use and this user agreement from time to time in our sole discretion by updating this posting or any linked information.  We may make such revisions without prior notice to you, so please check back often for updates.  Unless otherwise provided in such revision, the revised User Agreement or Terms of Use, or part thereof, will take effect when they are posted.  By using the Whitsy website or related services you are agreeing to use the websites and services at your own risk.

DEFINITIONS

A “bid” an “interview bid,” and an “offer” are the same and are defined as terms of an employment agreement, including but not limited to a salary range, that either a job seeker user sends to an employer user or an employer user sends to a job seeker user when interested in an job post or candidate.  The “bid,” “offer” or “interview bid” does not have to close in the system, and is an offer for an interview or to start negotiations in the event that the users do not choose to interview.  The terms of a “bid,” “offer” or “interview bid” are not binding; however, if users decide to enter a final agreement the terms of the last bid will govern the agreement between the parties.

 “Accept” through Whitsy means accepting an offer to interview under the terms contained in the last bid negotiated.  Accepting a bid does not mean that the users will enter into a final agreement.  Only after a final offer is made and accepted by all parties does a final agreement form between the parties.

“Reject” in Whitsy means to decline to entertain an offer or bid. Once an offer is rejected, the bid is closed, however, employers may continue communications through the messaging system and may open a new bid under a different job name and restart the negotiation process with the same job seeker.

“No response” in Whitsy can occur when either the job seeker user does not respond to an original bid or a negotiated bid.  In the event that “no response” is given, the bid will expire causes the bid to expire within 120 days in the system.

“Final offer” or “final hiring offer” will mature into a binding agreement between users, wherein the terms agreed upon prior to an interview, including salary or job title, would only take effect once both employer and job seeker users make a decision on the final candidate or to work for the employer, respectively, either after the interview process, or after the employer makes the final hiring offer in the event that the parties enter an employment agreement without engaging in interviewing. The final hiring agreement will be pursuant to the terms agreed upon through bidding prior to the interview process.

GENERAL RULES OF USE

The Whitsy website and services are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Whitsy's intended and acceptable use of the site and services.  Whitsy is the sole interpreter of the website and services intended and acceptable uses. Whitsy is a job site that operates under the laws of the United States, including discrimination laws, labor laws and all other state and federal laws, regulations and ordinances. As such, illegal jobs are not allowed to be posted or negotiated on the Whitsy website.  Further, potential employers and employees using the Whitsy website and related services must not act in any manner, provide any content, and / or request any information that is in violation of any law, regulation or ordinance.

In order to use the Whitsy website and related services you must be at least 16 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Whitsy website and services under the supervision of a parent, legal guardian, or other responsible adult.  You will not use the Whitsy website and / or related services for any purpose or in any manner that is prohibited by these Terms of Use or by any applicable law, ordinance or regulation.

Use of the Whitsy website or services does NOT create an employment relationship between you and Whitsy.  Whitsy is NOT your employer.

Rules of Use of the Whitsy Bidding System

(a) Bids must include a salary range based on the information presented in a job seeker’s profile or an employer’s posted jobs, website, or profile. Employer users are encouraged to include a max bid amount on their job posts so job seeker users are aware of what the maximum amount an employer will pay as a base salary for a particular job; however, employer users may choose to leave this information empty and receive a broader range of bids from job seeker users.

(b) The Whitsy site and services can be used for bidding for full time jobs as well as for part time, contractor, intern and seasonal positions.  Jobs can be permanent or temporary.  Job seekers can be active seekers or passive seekers, wherein active seekers actively look for and apply to positions, and passive seekers are not actively looking but have profiles on Whitsy and can be contacted by employers.

(c) Users agree that bids for full time jobs are for annual BASE salary and are not required to include bonuses, benefits or any additional compensation.  However, these compensation aspects can be negotiated separately.  All bids must comply with all state and federal labor laws, rules and regulations.

(d) Users agree that bidding through the Whitsy website is for the chance to interview.  Bids are NOT hiring offers, however, if after both parties agree to an employment relationship, the terms of the bid will govern their agreement.  All terms of bids must comply with all state and federal laws, rules and regulations. Employer users can place bids on multiple job seekers for the same job/position and likewise, job seeker users can place bids on multiple jobs. An employer can place bids on multiple job seekers for the same job, and can negotiate and accept and negotiate multiple bids for the same job. These bids are not binding until a final hiring offer is made to a chosen job seeker, in which case it has to be within the accepted bid range. When employers do not respond to other bids, even after an interview, these bids will expire automatically in 120 days of interview date, or last communication in the system, whichever comes first.

(e)  Any bid in the system (on candidates and / or jobs) can be accepted, negotiated or rejected by the user receiving the bid. If bid is accepted the amount that was negotiated last will be registered as the accepted bid.  If a bid is rejected by either side, the bid will be automatically closed in the system. The bids are binding for final negotiations for a final offer, if both sides choose to enter into a hiring contract and create an employment agreement among them. 

(f) All employment agreements entered into through the use of the Whitsy website and / or related services must comply with all laws, regulations, and ordinances, including all labor laws. As Whitsy is not an employer, Whitsy has no responsibility to ensure that all job postings comply with all state and federal laws, regulations and ordinances.  As an employer, you must ensure that your job posting is complaint with all rules, laws, and regulations.  Whitsy reserves the right to terminate all services of users that do not comply with rules, laws, and regulations, including labor laws.

(g) Job seekers and employers can communicate in a private setting about bids, interviews and offers through the Whitsy messaging system.  Users must NOT abuse the messaging system.  If any user spams another with repeat messages or follow ups the messaging system will be closed by site administrator to that user. Employers can communicate with any job seeker through the message system for relevant information that is missing from the job seekers profile, to reschedule an interview and to send relevant documents regarding the job or company; however, employers are prohibited from using the message system as an interview tool without bidding, and /or asking users for their names and/or contact information before they placed a bid on them. Further, employers are prohibited from asking contact information from users who chose to keep their names confidential until a bid is made.  Job seekers may use the message system to respond to employers inquiries; however job seekers are prohibited from revealing their contact information prior to receiving or placing a bid on the employer’s jobs. Whitsy reserves the right to monitor the messages, edit, delete and/ or close the message system for users who violate these terms.

(h) Job seekers and employers can use the online interview system, through the Whitsy website or related services.  Users must NOT abuse the online interviewing system.  If any user spams another with repeat messages or follow ups, access to the online interview system will be disabled or terminated for that user.

 (i) After a job seeker places a bid on a job, this job seeker can only communicate with the specific employer about this bid if and when the this employer responds to that bid. If an employer does not respond, the job seeker cannot follow up. After a job seeker’s bid is rejected by an employer, the bid is closed and this specific job seeker cannot re-bid on the same job for a period of 30 days. When a job seeker places a bid on a job, as long as this bid is still "open" (was not rejected or closed), the job seeker cannot place an additional bid or re-bid on the same job.

(j) Any bid that has no response from either user at any point in the negotiation process will expire automatically in 120 days.

(k) If an employer bids on a job seeker, the employer can edit bids and / or re-bid on the same job seeker at any time, and can send messages to the job seeker through the message system, as long as they do not spam the job seeker and/ or abuse the system.  Such system abuse will result in termination of system services at the sole discretion of Whitsy.

(l) Employers can make their final hiring offers either offline, or online, before or after interviews. If employer users make a "final offer" online through the Whitsy website, this final offer is the final hiring offer and is a binding contract between the accepting job seeker and employer, as much as it would be presented offline. The terms of the agreement are between the parties and NOT Whitsy.  Whitsy is not responsible for any breaches by either party, however, Whitsy reserves the right to terminate services or withhold future services of a breaching party.

(m) Final offers are for base salary, and can be negotiated only within the accepted bid range. If/ when a job seeker has accepted a final hiring offer, the contract is binding and the job seeker is the employee of the employer making the offer, in the position offered. Employers/ recruiters that are bidding and/ or making final offers on behalf of companies/ organizations are the legal authorized representatives of these organizations.

(n) Employers are not obligated to respond to any bids. However, if a posted job has been filled, employers must communicate it to Whitsy, so the ad will be taken off the board or will have a ‘filled’ status.

(o) Whitsy.com and or Magic Wand Research, LLC and their owners and/ or operators are not responsible for any uploaded information or data on the Whitsy site.

(p) Users cannot upload any pornographic images or use any insulting, foul language in the site, in any of the features.  Users must NOT post any content violating any intellectual property rights of any other author/ creator, and must not upload any proprietary information of any kind, to the Whitsy website.  All materials posted on Whitsy and use of all Whitsy services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. The site will remove any messages that contain inappropriate content or content that violates any intellectual property laws or the rights of others.  Further Whitsy reserves the right to terminate services of any user that posts offensive material, proprietary material or material that violates another’s intellectual property rights.

(q) The Whitsy website and its owners and operators are not responsible for results or outcomes, for users' behavior offline and on the site, and for users' final offers being within the range of any bid. Whitsy and its owners and operators are not responsible for any fake 'offer', or bids / offers that do not come from the employers, or come from a person not authorized by the employer. Any unauthorized bids or offers are nullified and Whitsy reserves the right to terminate services for any user making unauthorized bids or bids violating this Whitsy Terms of Use.

(r) All users must be who they represent.  Third parties may not enter into an employment agreement on behalf of another user without written authorization to do so from the user entering into an agreement or placing a bid or offer.  If a user claims to be another job seeker and enters into a bid with an employer on behalf of a third person without written authorization from the job seeker, their bids and / or offers will be void. Any unauthorized bids or offers are nullified and Whitsy reserves the right to terminate services for any user making unauthorized bids or bids violating this Whitsy Terms of Use.

WHITSY PRIVACY RULES

(a) No personal contact info can be exchanged between users before the first bid. Resumes can be posted in profiles without contact info. Job seeker users can keep certain information confidential until a bid is accepted, such as the job seeker user’s name.

(b) Any information, including salary, negotiations, messages, interview materials, background information or contact information exchanged by two users should be kept private, and cannot be revealed or made public to any other user in the system or outside.

WHITSY INTELLECTUAL PROPERTY

The website and related services, the Whitsy materials and all right, title and interest in and to the website(s) and Whitsy materials are the sole property of Whitsy or its licensors, and are protected by United States and foreign copyright, trademark, patent and other laws. The system and method of Whitsy are patent pending. 

Except for the limited licenses expressly granted to you in this Terms of Use, Whitsy reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute any of the Whitsy content or materials, nor may you use them in any other way for public or commercial purpose.   You agree not to copy any materials from the site, any database, concept or idea to the fullest extent as permitted by law.

Any code that Whitsy creates to generate or display any Whitsy content or the pages making up the Whitsy website is protected by Whitsy’s copyright.  You are prohibited from:

 (1) copying, aggregating, duplicating or adapting any content or information available on the Whitsy website(s), including, but not limited to, software and the HTML code used to generate web pages on the Whitsy website and the patent pending method and system of Whitsy and Magic Wand Research, LLC;

(2) uploading photos, backgrounds, fonts, video links, examples of work/ portfolios/ articles, logos, designs, or etc. in violation of any intellectual property rights of any other author or creator;

(3) posting or uploading any proprietary information of any kind, to the Whitsy website;

 (4) “Whitsy” and the Whitsy design logo and certain other names or logos are service marks or trademarks of Whitsy, and all related product and service names, design marks and slogans are the service marks or trademarks of Whitsy. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Whitsy’s trademarks, service marks and copyrights. Any code to generate or display content on the Whitsy website is also protected by Whitsy’s copyright.

LICENSE TO USE WHITSY BY JOB SEEKERS

Whitsy hereby grants you a limited, terminable, non-exclusive right to access and use the Whitsy website and related service sites only for your personal use seeking employment opportunities for yourself. You agree that you are solely responsible for the content of any materials you post and any consequences arising from such posting. Whitsy reserves the right to suspend or terminate reserves the right to suspend or terminate your access and use at any time if Whitsy determines that you are in breach of these Terms of Use.

LICENSE TO USE WHITSY BY EMPLOYERS

Whitsy hereby grants you a limited, terminable, non- exclusive right to access and use the Whitsy website and related service sites only for your internal business use seeking candidates for employment. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Whitsy to any third party without the express written authorization of Whitsy. You agree that you are solely responsible for the content of any materials you post and any consequences arising from such posting. Whitsy reserves the right to suspend or terminate reserves the right to suspend or terminate your access and use at any time if Whitsy determines that you are in breach of these Terms of Use.

DISCLAIMERS

Whitsy assumes no responsibility for any content or materials posted by users, for the activities, omissions or other conduct of users. Nothing on the Whitsy website shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise.

THE WHITSY WEBSITE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WHITSY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WHITSY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, OF ANY CONTENT POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. 

WHITSY DOES NOT WARRANT THAT THE WHITSY SITE WILL BE ERROR-FREE OR THAT THE WEBSITE SERVERS ARE FREE OF COMPUTER VIRUSES. IF YOUR USE OF THE WEBSITE DIRECTLY OR INDIRECTLY RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WHITSY IS NOT RESPONSIBLE FOR THOSE COSTS.

WHITSY DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS MADE THROUGH THE WHITSY WEBSITE.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WHITSY WEBSITES AND THE MATERIALS YOU POST OR ACCESS ON THE WHITSY WEBSITE. IN NO EVENT SHALL WHITSY (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAREERBUILDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN WHITSY’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.

CALIFORNIA RESIDENTS

By using the Whitsy website and / or related services, California resident users agree to waive California Civil Code Section 1542, which states, “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.”

CANCELLATION

If you would like to cancel your subscription and not be charged for renewal, you must cancel before your renewal date, or your subscription will autorenew.

To cancel your subscription, click on the link below:

Unsubscribe from Whitsy (NEEDS HYPERLINK)

ORDERS FOR PRODUCTS AND SERVICES

We may make certain products and / or services only available to users and members. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Whitsy. You agree to pay all applicable local sales tax, use tax, or other applicable government taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due immediately upon demand by us with a certified check or money order.

TERMINATION

Whitsy may discontinue your access to the Whitsy website and / or related services or suspend or terminate, without notice or liability, your account membership and/or your access to and use of the Website and / or services, for any violation of these Terms of Use or for any other use of the services or the Website that Whitsy, at its sole discretion, deems improper.

AVAILABILITY OUTSIDE THE U.S.

Whitsy makes no claims that the website and related services may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of Your jurisdiction. If You access the Whitsy website from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by Whitsy in Whitsy's sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms of Service and the Privacy Policy.

GOVERNING LAW

These Terms of Use are governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Pennsylvania State.

SEVERABILITY; WAIVER.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, Whitsy's failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect Whitsy's ability to enforce such term at any point in the future.