Boomerang New Mexico's Terms and Services

Each time you access or use Boomerang New Mexico's website and any software, service, feature, product, program and element provided by or on behalf of Boomerang New Mexico on or in connection with such services or websites (collectively, the "Site"), including, but not limited to, any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the "Agreement") then in effect with the following entity or entities:

- STEM Boomerang, LLC., 201 Coal Ave SE, Albuquerque, New Mexico, 87102, USA

Any references to "Boomerang New Mexico" or "we" in this Agreement shall mean the applicable entity as set forth above.

The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search ("Job Seekers"), by individuals and/or organizations seeking information related to hiring or human resources or seeking to make available information regarding employment openings, on their behalf or other's behalf, including but not limited to agencies purchasing for multiple parties ("Employers"). You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as an employee or other representative of an Employer, you are agreeing to this Agreement on behalf of yourself and such Employer, as applicable, and you represent and warrant that you have the authority to bind such Employer, as applicable, to this Agreement. If you are using assistive technology to access the Site and you need help, you can us at info@stemboomerang.org. You acknowledge that Boomerang New Mexico owns a copyright in the Site, and Services, including in compilations of information available through any of the foregoing.

We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

Please note that Boomerang New Mexico is owned by a private parent company STEM Boomerang, LLC.

This Agreement hereby incorporates by this reference any additional terms and conditions posted by Boomerang New Mexico through the Site, or otherwise made available to you by Boomerang New Mexico.

Boomerang New Mexico General Terms of Service

Last updated: March 15th, 2021

A. Terms of Service for Job Seekers

1. Job Ads or Job Listings

Boomerang New Mexico, which is free to those individuals searching for employment openings ("Job Seekers"), may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites ("Job Listings" or "Job Ads"), through Boomerang New Mexico's search results or otherwise through the Site. Searching for Job Ads on Boomerang New Mexico is free for Job Seekers. Job Ads are created and provided by third parties over whom Boomerang New Mexico exercises no control; you acknowledge and understand that Boomerang New Mexico has no control over any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. If you leave the Boomerang New Mexico Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. However, you acknowledge and agree that Boomerang New Mexico has no control over such an Employer or its website. Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. Boomerang New Mexico has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result for any or no reason. You understand and agree that Boomerang New Mexico has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Boomerang New Mexico assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, Company Pages, screener questions and responses, and assessments. While Boomerang New Mexico may be compensated by employers who post Job Ads, helping keep Boomerang New Mexico job search free for Job Seekers, all Job Ads are considered advertising. You are not permitted to use Boomerang New Mexico's Site or its content other than for non-commercial purposes. For purposes of this Section A of the Boomerang New Mexico General Terms of Service, all references to "you" or "your" shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker.

2. Resumes and Recommended Jobs

By uploading a public resume through the Site, you are requesting and authorizing Boomerang New Mexico to make available your resume to third parties, such as Employers, that Boomerang New Mexico believes may have an interest in your resume. By uploading a resume on Boomerang New Mexico, Boomerang New Mexico may share with you Job Ads that match the contents of your public Resume. Applying for such Job Ads does not guarantee job interviews or hiring. Even where Boomerang New Mexico highlights items or a Job Ad is shared with you, Boomerang New Mexico assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. Boomerang New Mexico assumes no responsibility and disclaims all liability for the resume or application information you post, send or receive through the Site. It is your responsibility to review your resume to ensure it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information. To protect your privacy, Boomerang New Mexico may mask or hide your contact information, such as your email address, from your resume or application, for example, and may substitute it with an alias.

Boomerang New Mexico may also automatically send you recommended jobs via the email address you use to create a Boomerang New Mexico account or apply to a job. Boomerang New Mexico may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself (including in your Resume), searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in your user profile on the Site.

3. Applying to Jobs Through Boomerang New Mexico

Any resume or application information that you submit through the Site, including Personal Data included in a resume, is subject to this Agreement and to Boomerang New Mexico's Privacy Policy. Once you provide information to an Employer (whether in the form of a job application, resume, email, or otherwise), Boomerang New Mexico does not have control over the Employer's use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. Boomerang New Mexico may use your application materials to determine whether you may be interested in a Job Listing, and Boomerang New Mexico may reach out to you about such Job Listing. Boomerang New Mexico may store such information regardless of whether a Job Listing has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, Boomerang New Mexico in its sole discretion may impose limits on your ability to apply to Job Listings or to other Boomerang New Mexico services. In addition, when you indicate your interest in a Job Listing through Boomerang New Mexico Apply or by RSVPing to a hiring event you are sending your resume and application information to Boomerang New Mexico, and you are requesting and authorizing Boomerang New Mexico to make available such application information to the applicable Employer(s) for such Job Listing(s).

You acknowledge and agree that Employers may request that Boomerang New Mexico assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to Boomerang New Mexico into one document, and you agree that in doing so, Boomerang New Mexico assembles these application materials on your behalf. When you apply for a job on Boomerang New Mexico you agree to Boomerang New Mexico's performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. Additionally, you consent to your application and any responses sent to you by the Employer through Boomerang New Mexico being processed and analyzed by Boomerang New Mexico according to this Agreement and Boomerang New Mexico's Privacy Policy.

When you apply to a job using Boomerang New Mexico Apply, Boomerang New Mexico will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. Boomerang New Mexico also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. However, Boomerang New Mexico may alert you when any of the above events occur. Please note that Job Ads may expire between the time you submit your application and from the time it is received. Boomerang New Mexico has no responsibility for expired Job Ads or for delivering applications prior to a Job Ad's expiration. In addition, we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third-party sites, including but not limited to Applicant Tracking Systems (ATSs). You may contact the Employer directly to find alternative methods of application if you do not wish to apply through Boomerang New Mexico. By using the Boomerang New Mexico Apply system, you fully consent to the above.

If you require alternative methods of screening or application you must approach the Employer directly to request such as Boomerang New Mexico is not responsible for the Employer application process.

By using Boomerang New Mexico, you agree that Boomerang New Mexico is not responsible for the content of the Employer's job application, messages, screener questions, skills assessments or their format or method of delivery, and that Boomerang New Mexico does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Boomerang New Mexico does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. Boomerang New Mexico cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. Boomerang New Mexico may inform Job Seekers that an Employer's requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and Boomerang New Mexico does not guarantee that updating a resume or application will result in any job offer. Boomerang New Mexico does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. Boomerang New Mexico cannot make any guarantee regarding health and safety measures in an Employer's hiring or interviewing process. Boomerang New Mexico recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. Boomerang New Mexico does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

Boomerang New Mexico may use your application materials (including resumes and responses to screener questions) and the recency of your activity on Boomerang New Mexico to determine whether the words of any Job Seeker's resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. You agree and consent that Boomerang New Mexico may differentiate those matching resumes and screener questions from those that do not match, and present them to Employers as matches or not matches. Boomerang New Mexico may also use such information in order to improve the Site or any other Boomerang New Mexico product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). By using Boomerang New Mexico and answering screener questions, you acknowledge that Employers may have instructed Boomerang New Mexico to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that Boomerang New Mexico has no discretion in the transmission of these rejections. Boomerang New Mexico may offer Employers the ability to activate a feature on their account instructing Boomerang New Mexico to send a message on the Employer's behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer, unless the Employer indicates to Boomerang New Mexico their interest in your application. You acknowledge and agree that Boomerang New Mexico has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer's decision to not take an action on your application on Boomerang New Mexico within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by Boomerang New Mexico (for example, calling or emailing you directly instead of through a Boomerang New Mexico Relay Service) are not visible to Boomerang New Mexico, and would not by themselves prevent an Employer Assist rejection notice from being sent.

When you search for jobs on the Boomerang New Mexico Job Search app and proceed to apply for a job, including jobs on third party sites, Boomerang New Mexico may suggest information from your Boomerang New Mexico profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.

4. Communications and Other Actions on the Site

When you view, send, store or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, Boomerang New Mexico may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Boomerang New Mexico product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When an Employer views, sends, stores or receives materials through or using the Site, Boomerang New Mexico may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. Boomerang New Mexico may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online on Boomerang New Mexico, and you hereby consent to Boomerang New Mexico taking such actions.

If you have turned on browser push notification and wish to turn them off, you may do so by visiting the settings on your browser.

You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer's (in the event you applied for a job) activity on or use of the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. Boomerang New Mexico disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

5. Salary, Career, Hiring and Other Information Provided by Boomerang New Mexico

Boomerang New Mexico may provide some information and content to users for informational purposes only. For example, Boomerang New Mexico may provide you with data regarding estimated salaries for a given Job Listing, or number of applies to a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by Boomerang New Mexico is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Boomerang New Mexico may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Boomerang New Mexico, including from Boomerang New Mexico affiliates. These figures are given to Boomerang New Mexico users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

Similarly, career-related or hiring-related information provided by Boomerang New Mexico is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Boomerang New Mexico may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Boomerang New Mexico is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, Boomerang New Mexico may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

Boomerang New Mexico may offer, as part of the Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of Boomerang New Mexico and that Boomerang New Mexico is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. Boomerang New Mexico does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, Boomerang New Mexico will have no liability arising from any discussion you have with such a third party.

6. Your Job Seeker Data

As a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and Boomerang New Mexico knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on Boomerang New Mexico, information you provide directly to Boomerang New Mexico including desired salary or past experience, or any of your other behavior on the Site. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have a Boomerang New Mexico account, you agree that Boomerang New Mexico may associate this data with your Boomerang New Mexico Profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Boomerang New Mexico. You also agree that Boomerang New Mexico may contact you based on this observed behavior on behalf of Employers or Boomerang New Mexico itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, Boomerang New Mexico may publicly display the fact that you have recently used the Boomerang New Mexico Site to correspond with a third party. In addition, uploading your resume means that Boomerang New Mexico may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, please do not upload your resume.

7. Boomerang New Mexico Hiring Platform

Boomerang New Mexico Hiring Platform is a platform designed to automate and streamline Employer hiring and employment decision-making processes by allowing users access to data about the Job Seeker and Employer. You acknowledge and understand that Employers select the method and manner that Boomerang New Mexico Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES BOOMERANG NEW MEXICO AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER'S USE OF BOOMERANG NEW MEXICO. BOOMERANG NEW MEXICO DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER'S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. Boomerang New Mexico has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that Boomerang New Mexico is not an employment agency. By using Boomerang New Mexico Hiring Platform, you understand that Boomerang New Mexico is not procuring employees for Employer or opportunities for Job Seekers. Boomerang New Mexico merely provides Boomerang New Mexico Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.

8. Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site ("Dispute") will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of New Mexico, United States of America, if you are located in the United States. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Bernalillo County, New Mexico, U.S.A., if you are located in the United States. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Bernalillo County, New Mexico, U.S.A, if you are located in the United States of America.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

9. Class Action Waiver

By using the Site and in return for the services offered by Boomerang New Mexico, you acknowledge that Boomerang New Mexico can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Boomerang New Mexico as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Boomerang New Mexico regarding your use of the Site. Additionally, as a Job Seeker, your use of job search on the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 8 above.

B. Terms of Service for Employers

The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other's behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the Boomerang New Mexico General Terms of Service, all references to "you" or "your" shall mean you, the individual or organization accessing this Site in your capacity as an Employer.

1. Employer Accounts

When you create a Boomerang New Mexico account, you agree that this Agreement, the terms associated with any Boomerang New Mexico service you are using, and all of Boomerang New Mexico's policies, including the Boomerang New Mexico Privacy Policy and Cookie Policy, apply to you.

As an Employer, your account is for business use and not for personal use. Boomerang New Mexico is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a Boomerang New Mexico account, you agree to receive mandatory email updates regarding anomalous activity to your Boomerang New Mexico account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

In some instances, multiple users may be linked to the same account ("Company Account"). A Linked Account is created when the primary account owner(s) ("Admin(s)") of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality ("Roles") within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to Boomerang New Mexico that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Boomerang New Mexico from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys' fees and costs) that result from the sharing of this data and access to your account. You agree that Boomerang New Mexico assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using an Employer Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Boomerang New Mexico party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Boomerang New Mexico party identified in the first paragraph of this Agreement with respect to such new territory.

If your Boomerang New Mexico employer account has a credit card on file to pay for one Boomerang New Mexico product or service, Boomerang New Mexico may charge that card for any additional products or services you order.

2. Employer Services

You also agree that, as a service to Job Seekers, Boomerang New Mexico may use a function for use in connection with your Job Listings, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through Boomerang New Mexico, and that Boomerang New Mexico will send applications to the email address you provide us with. When you use Boomerang New Mexico candidate management tools, including but not limited to your Employer Dashboard, you acknowledge and agree that Boomerang New Mexico may make available functions allowing you to take actions regarding the Job Seeker, viewing a resume and rejecting a candidate. You agree that by using such candidate management tools, you are instructing Boomerang New Mexico to assemble the candidate's application materials, resume, answers to screener questions, assessment responses and other information you provide to Boomerang New Mexico into one document. You further agree that Boomerang New Mexico is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention requirements. By using these tools, you are providing information to Boomerang New Mexico and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to any information shared through Boomerang New Mexico being processed and analyzed by Boomerang New Mexico according to this Agreement and Boomerang New Mexico's Privacy Policy. Boomerang New Mexico may store such information regardless of whether a job vacancy has been filled.

You are responsible for the contents of your emails, Company profile that you create, any Job Listings that you post and agree that Boomerang New Mexico is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that Boomerang New Mexico may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. Boomerang New Mexico further does not guarantee delivery, your receipt of the Job Seeker's emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Boomerang New Mexico for any damages resulting therefrom.

Boomerang New Mexico may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Boomerang New Mexico may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker's resume. When you use Boomerang New Mexico's candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to "rejected". If you choose such option, you acknowledge that Boomerang New Mexico has no discretion in the transmission or storage of rejection notices.

You agree that Boomerang New Mexico may take action to try to identify and reduce spam applications. Boomerang New Mexico does not verify the identity of any Job Seekers who apply to your job listing, nor does Boomerang New Mexico know a Job Seeker's motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker's qualifications or interest in your job listing. You agree that Boomerang New Mexico assumes no responsibility for the communications between you and the Job Seeker, which communications are yours' and the Job Seekers' sole responsibility.

You shall indemnify, defend and hold harmless Boomerang New Mexico, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created by you, or any Job Listing posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). Boomerang New Mexico may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at Boomerang New Mexico's discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Boomerang New Mexico product, Boomerang New Mexico reserves the right to suspend or terminate your use of the Boomerang New Mexico Site. Boomerang New Mexico may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Boomerang New Mexico incurs collecting such late payments.

When you view, store or receive materials (including Job Listings, resumes) through or using the Site, Boomerang New Mexico may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Boomerang New Mexico product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, Boomerang New Mexico may inform a Job Seeker that you have taken an action, for example, with regards to a Job Ad, Job Seeker's Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to Boomerang New Mexico taking such actions.

Boomerang New Mexico, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, "Responsive Employer" or "Active Employer" or "Hired on Boomerang New Mexico". Employers may also request that Boomerang New Mexico add such labels. Boomerang New Mexico shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that Boomerang New Mexico does not have sufficient data to determine if an Employer qualifies.

3. Job Match

Boomerang New Mexico may use Job Seekers' application materials (including resumes) and the recency of their activity on Boomerang New Mexico to determine whether the words of their resume and answers to profile questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that Boomerang New Mexico may differentiate those matching resumes and profile questions from those that do not match, and present them to you as matches or not matches. Boomerang New Mexico may also use such information in order to improve the Site or any other Boomerang New Mexico product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).

4. Salary, Applies or Other Information Provided by Boomerang New Mexico

Boomerang New Mexico may provide some information and content to users for informational purposes only. For example, Boomerang New Mexico may provide Job Seekers with data regarding estimated salaries for a given Job Listing, or provide you with estimated applies to your Job Listing. All such figures provided by Boomerang New Mexico are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. Boomerang New Mexico may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Boomerang New Mexico, including from Boomerang New Mexico affiliates. These figures are given to Boomerang New Mexico users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Boomerang New Mexico may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and Boomerang New Mexico does not guarantee their accuracy. Boomerang New Mexico reserves the right to change the method of measuring such figures at any time.

5. Communication through Boomerang New Mexico

You may receive messages, emails or email notifications corresponding with your or a Job Seeker's activity on or use of the Boomerang New Mexico Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through Boomerang New Mexico. Boomerang New Mexico disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Specifically, if you post a Job Listing directly on Boomerang New Mexico, applications are sent only to your Boomerang New Mexico dashboard; any other notifications you may receive are provided solely as a courtesy to you.

6. Company Pages

When you post a Job Ad directly on Boomerang New Mexico, Boomerang New Mexico may automatically generate for you a Company Page. You understand that Boomerang New Mexico may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize Boomerang New Mexico to claim such Company Page for you on your behalf, which will be marked as a "Claimed Profile" and allows you to edit and add information to the Company Page. Company Pages allow User Content (as defined below) to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Boomerang New Mexico may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Boomerang New Mexico as well as those indexed by Boomerang New Mexico. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.

7. Governing Law and Dispute Resolution

This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of New Mexico, if you are located in the United States.

You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Boomerang New Mexico. If you intend to propound discovery seeking user information from STEM Boomerang, LLC., you agree to do so pursuant to a valid federal, New Mexico or New Mexico domesticated request, addressed to and properly served at our registered agent in New Mexico at STEM Boomerang LLC., c/o STEM Boomerang, 201 Coal Ave SE, Albuquerque, NM 87102. You further agree to submit to the personal jurisdiction of the appropriate Texas state or federal courts for such discovery proceedings.

8. Class Action Waiver

By using the Site and in return for the services offered by Boomerang New Mexico, you acknowledge that Boomerang New Mexico can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Boomerang New Mexico as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Boomerang New Mexico regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 7 above.