NEMNET Talent Acquisition Platform Terms of Use

1. Acceptance of Terms

2. Changes to These Terms

NEMNET reserves the right to modify, update, or replace these Terms at any time to reflect changes in our services, applicable laws, business practices, or technology. Any revised Terms will become effective upon posting to the Platform unless otherwise stated. The “Last Updated” date at the beginning of these Terms will indicate when changes were made. Your continued access to or use of the Platform after revised Terms become effective constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must discontinue use of the Platform. For material changes that significantly affect your rights or obligations, NEMNET may provide additional notice through email, account notifications, or other reasonable means.

3. About NEMNET

• Employment advertising and job posting services
• Candidate profiles and résumé databases
• Employer branding and organization profiles
• AI-assisted candidate matching and job recommendations
• Recruitment marketing services
• BlueList Bulletin and featured job promotions
• Employer subscriptions and membership programs
• Candidate and employer messaging tools
• Analytics and recruitment reporting
• API integrations with applicant tracking systems and career sites
• Employment and professional development forums, webinars, and networking events
• Future products, integrations, marketplace offerings, and related services

NEMNET provides technology and recruitment-related services to facilitate connections between employers and job seekers. NEMNET is not an employer, employment agency, staffing agency, professional employer organization, credentialing authority, background screening provider, or licensing agency unless expressly stated in a separate written agreement. Nothing contained on the Platform shall be interpreted as creating an employment relationship, agency relationship, partnership, joint venture, or guarantee of employment between NEMNET and any user.

4. Eligibility and User Accounts

• You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction.
• You have the legal capacity to enter into binding agreements.
• All information you provide is accurate, current, complete, and not misleading.
• You will promptly update your account information as necessary to maintain its accuracy.
• Your use of the Platform complies with all applicable federal, state, local, and international laws and regulations.

You are solely responsible for maintaining the confidentiality of your username, password, authentication credentials, and account information. You are also responsible for all activities conducted through your account, whether or not authorized by you. You agree to notify NEMNET immediately of any unauthorized access to, or suspected misuse of, your account. NEMNET reserves the right to suspend, restrict, or terminate any account that contains false information, violates these Terms, compromises Platform security, or is otherwise used in an unlawful or abusive manner.

5. Platform Users

The Platform serves a diverse community of users within the education sector. Depending on your role, different features, services, and responsibilities may apply.

Candidate Members

Candidate Members may use the Platform to:

• Create professional profiles
• Upload résumés, portfolios, certifications, and supporting documents
• Search and apply for employment opportunities
• Receive personalized job recommendations
• Participate in networking events and career development activities
• Communicate with prospective employers
• Manage employment preferences and application history

Candidates are solely responsible for the accuracy, completeness, legality, and currency of all information submitted through the Platform.

Employer Members

Employer Members may include independent schools, public school districts, charter schools, colleges and universities, nonprofit organizations, educational service providers, executive search firms, and other organizations seeking to recruit education professionals.

Employer Members may use the Platform to:

• Create employer profiles and showcase their organizations
• Post employment opportunities
• Search candidate profiles, subject to applicable subscription levels
• Communicate with candidates
• Purchase memberships, recruitment marketing services, and premium features
• Utilize AI-assisted recruiting tools and recruitment analytics
• Integrate external applicant tracking systems through approved APIs
• Access additional Platform services as they become available

Employers are solely responsible for evaluating applicants, verifying credentials, conducting interviews, performing reference and background checks, confirming employment eligibility, complying with applicable employment laws, and making all hiring decisions.

General Responsibilities

All users agree to use the Platform in a lawful, ethical, and professional manner. Users are responsible for ensuring that all information they submit is truthful and that their use of the Platform complies with these Terms and all applicable laws.

6. Candidate Accounts and Candidate Responsibilities

7. Employer Accounts and Employer Responsibilities

Employer Members may establish organization profiles and utilize the Platform to recruit, communicate with candidates, promote employment opportunities, and access recruitment tools available through their subscription or purchased services. Employer Members represent and warrant that they are authorized to act on behalf of their organization and that all employment opportunities posted through the Platform are legitimate, lawful, and accurately described.

Employers are solely responsible for all employment-related decisions, including but not limited to:

• Reviewing applications
• Evaluating candidate qualifications
• Conducting interviews
• Verifying educational credentials
• Confirming employment history
• Checking professional references
• Conducting criminal background checks where permitted by law
• Verifying identity and work authorization
• Confirming professional licenses and certifications
• Ensuring compliance with all applicable employment, labor, anti-discrimination, privacy, and licensing laws

NEMNET does not participate in hiring decisions and assumes no responsibility for the actions of employers or candidates before, during, or after the hiring process. Employers agree that candidate information accessed through the Platform shall be used exclusively for legitimate recruitment and employment purposes and shall not be sold, shared, distributed, licensed, or otherwise disclosed except as permitted by applicable law or with the candidate’s authorization.

8. Memberships, Subscriptions, and Paid Services

• Employer Memberships
• Job Posting Packages
• Premium Employer Profiles
• Resume Database Access
• Featured Jobs
• Featured Employers
• BlueList Bulletin Inclusion
• Recruitment Marketing Services
• API Integration Services
• Additional User Accounts
• Employer Branding Services
• Consulting and Professional Services
• Career Fairs, Conferences, and Events
• Other premium Platform services introduced by NEMNET

9. Platform Services and AI-Powered Features

• Candidate recommendations
• Job recommendations
• Resume matching
• Skill identification
• Profile completion suggestions
• Search ranking
• Employer recommendations
• Automated communications
• Analytics and reporting
• Workflow automation

10. User Content

11. Candidate Information and Employer Due Diligence

• Verification of educational credentials
• Employment verification
• Reference checks
• Criminal background investigations
• Identity verification
• Professional license verification
• Work authorization verification
• Any additional screening deemed appropriate by the employer

Likewise, candidates are responsible for evaluating prospective employers and determining whether employment opportunities align with their professional goals and expectations. NEMNET shall not be responsible for any employment relationship, hiring decision, workplace dispute, or other interaction between employers and candidates.

12. Acceptable Use Policy

• Submit false, misleading, fraudulent, or deceptive information.
• Misrepresent their identity or authority.
• Upload malicious software, viruses, or harmful code.
• Attempt unauthorized access to the Platform or other user accounts.
• Circumvent Platform security measures.
• Interfere with Platform operations or performance.
• Harvest, scrape, copy, or systematically download candidate or employer information without authorization.
• Sell, license, distribute, or commercially exploit Platform data.
• Use automated bots or scripts except through approved APIs.
• Violate intellectual property rights.
• Harass, threaten, or discriminate against other users.
• Post unlawful, defamatory, obscene, or otherwise prohibited content.
• Use the Platform for purposes unrelated to legitimate recruitment, employment, networking, or professional development.

NEMNET reserves the right to investigate suspected violations of these Terms and may suspend, restrict, or terminate accounts, remove content, deny access to services, or pursue any other remedies available under applicable law.

13. Intellectual Property

The Platform, including its software, source code, object code, databases, user interface, website design, graphics, logos, trademarks, service marks, trade names, text, images, videos, documentation, workflows, business processes, AI models, algorithms, reports, analytics, and all other content made available through the Platform (collectively, the “NEMNET Intellectual Property”), are owned by or licensed to NEMNET and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Except as expressly permitted by these Terms, no user may:

• Copy, reproduce, republish, distribute, or publicly display Platform content;
• Modify, translate, adapt, or create derivative works;
• Reverse engineer, decompile, disassemble, or attempt to discover source code;
• Remove copyright, trademark, or proprietary notices;
• Sell, sublicense, lease, or commercially exploit any portion of the Platform;
• Use Platform content to develop or train competing software, databases, artificial intelligence models, or recruitment services.

NEMNET grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purposes and in accordance with these Terms. Nothing contained in these Terms transfers ownership of any intellectual property rights to users.

14. Confidentiality and Data Use

Users acknowledge that the Platform contains confidential and proprietary information belonging to NEMNET, employers, candidates, and other users. Candidate profiles, résumés, contact information, employer profiles, job postings, messaging history, recruitment analytics, search results, and other non-public information obtained through the Platform are confidential and shall be used solely for legitimate recruitment, employment, professional networking, or other authorized Platform purposes.

Users shall not:

• Sell or distribute candidate information;
• Share candidate information with unauthorized third parties;
• Download or create competing candidate databases;
• Harvest employer contact information;
• Use Platform information for marketing unrelated to recruitment;
• Circumvent subscription limitations;
• Disclose confidential Platform functionality or proprietary business information.

NEMNET employs reasonable administrative, technical, and organizational safeguards to protect Platform data; however, no internet-based service can guarantee absolute security. Users are responsible for maintaining appropriate security measures within their own organizations when accessing Platform information.

15. Third-Party Services and API Integrations

The Platform may integrate with third-party products, services, websites, software applications, applicant tracking systems (“ATS”), human resource information systems (“HRIS”), payment processors, cloud hosting providers, email services, calendar applications, artificial intelligence providers, and other external technologies. These integrations are provided solely for user convenience.

NEMNET does not own or control third-party services and is not responsible for:

• Third-party system availability;
• Service interruptions;
• Data synchronization failures;
• Security incidents occurring within third-party systems;
• Changes made by third-party providers;
• Accuracy of third-party data.

Employers utilizing API integrations authorize NEMNET to receive, transmit, process, and synchronize job postings and related information from approved external systems. Employers remain solely responsible for reviewing imported information and ensuring that all job postings remain accurate, complete, current, and legally compliant. NEMNET does not guarantee uninterrupted synchronization between external systems and the Platform.

16. Privacy and Communications

NEMNET respects the privacy of its users. Collection, storage, use, disclosure, and protection of personal information are governed by the NEMNET Privacy Policy, which is incorporated into these Terms by reference.

By creating an account or using the Platform, users consent to receive communications relating to their account and Platform activities, including:

• Account notifications;
• Security alerts;
• Transaction confirmations;
• Application updates;
• Membership information;
• Platform announcements;
• Product updates;
• Customer support communications.

Where permitted by applicable law, users may also receive newsletters, marketing communications, event announcements, educational resources, and promotional materials. Users may opt out of non-essential marketing communications at any time through their account settings or by following unsubscribe instructions included in those communications. Operational, security, transactional, and legally required communications may continue regardless of marketing preferences.

17. Disclaimer of Warranties

18. Limitation of Liability

19. Indemnification

20. Suspension and Termination

21. Governing Law and Dispute Resolution

These Terms, and any dispute, claim, or controversy arising out of or relating to the Platform or these Terms, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Except where prohibited by applicable law, the parties agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located within the Commonwealth of Massachusetts, and each party irrevocably submits to the personal jurisdiction and venue of those courts. Nothing in these Terms shall prevent NEMNET from seeking temporary, preliminary, or permanent injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or other proprietary rights. Before initiating formal legal proceedings, the parties agree to make a good-faith effort to resolve any dispute through informal discussions. If a dispute cannot be resolved informally within a reasonable period, either party may pursue any remedies available under applicable law.

22. Miscellaneous

Entire Agreement

These Terms of Use, together with the NEMNET Privacy Policy and any additional service-specific agreements, order forms, subscription agreements, or policies expressly incorporated by reference, constitute the entire agreement between you and NEMNET regarding your use of the Platform and supersede all prior or contemporaneous understandings, communications, proposals, or agreements relating to the same subject matter.

Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.

Waiver

No waiver by NEMNET of any breach or default shall constitute a waiver of any preceding or subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of NEMNET.

Assignment

You may not assign, transfer, sublicense, or delegate your rights or obligations under these Terms without NEMNET’s prior written consent. NEMNET may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, financing transaction, or by operation of law.

Force Majeure

NEMNET shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, civil unrest, war, terrorism, governmental actions, interruptions of internet or telecommunications services, power outages, cyberattacks, or failures of third-party providers.

Electronic Communications

By using the Platform, you consent to receive communications electronically from NEMNET. You agree that electronic notices, disclosures, agreements, invoices, and other communications satisfy any legal requirement that such communications be in writing.

Relationship of the Parties

Nothing contained in these Terms shall be construed to create any partnership, joint venture, agency, franchise, fiduciary, employment, or other similar relationship between NEMNET and any user of the Platform.

Headings

Section headings are included solely for convenience and shall not affect the interpretation of these Terms.

Survival

The provisions relating to intellectual property, confidentiality, user obligations, payment obligations, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and any other provisions that by their nature are intended to survive termination shall remain in effect following the termination or expiration of these Terms.

23. Additional Policies

Your use of certain Platform features or services may also be governed by additional policies, guidelines, or separate agreements, including but not limited to:

• Privacy Policy
• Cookie Policy
• Employer Membership Agreement
• Payment and Refund Policy
• API Integration Agreement
• Recruitment Marketing Service Terms
• BlueList Bulletin Participation Terms
• PrepCheck Terms of Service
• Event Registration Terms
• Data Processing Agreement (where applicable)
• Accessibility Statement
• Copyright and Intellectual Property Policy
• Security and Responsible Disclosure Policy

In the event of a conflict between these Terms and a separate written agreement governing a specific product or service, the terms of the separate agreement shall control with respect to that product or service.

24. Contact Information

Acknowledgment