Legal FAQ & Requests to Remove Content

Why won't ESLwatch remove a review after being informed that the review contains false facts?

When it comes to whether or not the substance of the reviews on ESLwatch are true or false, it is often impossible for us to make that determination. We do not remove content in these circumstances, as we do not feel that we can act as the finder of fact. ESLwatch's general position is that a review is valid from the standpoint that it is one person's personal experience and understanding

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Why won't ESLwatch remove a review after being informed that the review represents a breach of an employee or candidate contractual obligation (such as confidentiality or non-disparagement)?

Our Terms of Use prohibit users from posting content that violates contractual obligations. This means that when users accept our Terms of Use by submitting content, they are representing to us that they are not violating a binding contractual obligation. When it comes to determining whether or not the author of the post is violating a binding obligation, it is often impossible for us to

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Will ESLwatch consider evidence offered to substantiate that a review is false or was posted in breach of a contractual obligation?

We are not well suited to determine the accuracy, completeness, or authenticity of evidence supplied by an interested party objecting to a particular post. And evidence supplied by an interested party is nearly always open to some degree of dispute. We do not want to find ourselves censoring the viewpoints expressed on our site when we cannot be certain it is warranted.

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How do you verify the information is really from employees and job candidates?

Since we're unable to fully verify the identity of an anonymous user. We require all users to validate their email address before their posts are made available to the community. This verification process allows us to put measures in place to identify suspicious users and/or posts. And all of these, combined with active community moderation and our commitment to review every post, allow us

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Can ESLwatch be held liable for the content of the reviews hosted on its site?

ESLwatch cannot be held liable for the user-generated content we host on our US based site. In 1996, the US Congress â recognizing the threat to the development of the internet if web platforms were held responsible for the accuracy of every piece of content posted by their users â enacted Section 230 of the Communications Decency Act,

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Does ESlwatch waive its immunity under the CDA by moderating content to decide whether or not to display a post?

No. A website's decision whether or not to display a post does not, by itself, amount to participation in the creation of that content and thus does not constitute a waiver of immunity. In addition, the CDA specifically provides (in 47 U.S.C. §230 (c)(2)): "No provider or user of an interactive computer service shall be held liable on account of â (A) any action voluntarily taken in

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What if an Employer believes a posting violates ESLwatch's Guidelines but ESLwatch will not remove the post?

ESLwatch's Guidelines are recommendations for how users can write reviews so that other members of our community will find them credible and useful. They also represent an effort to encourage a certain quality of discourse on our site. But while the Guidelines help inform our decision on whether or not to remove a particular post, they do not operate as a guarantee that we will remove a

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Does ESLwatch breach of its own Terms of Use by declining to remove content that an employer believes to be a violation of those terms?

No. Our Terms of Use make clear that the user alone is responsible for what they post on our site. Moreover we are normally not in a position to determine whether a particular piece of content is actually "Prohibited Content" as defined by our Terms of Use. Given the important free speech principles involved, we may defer to the relevant court to make that determination. Lastly, Section 4.3

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What happens if, despite the CDA, someone sues ESLwatch for a claim arising from the user-generated content hosted by ESLwatch?

Every party filing a lawsuit has a duty to review the facts and the law before they file suit so that they can demonstrate that the lawsuit was filed in good faith. ESLwatch conducts its business so that we do not run afoul of any exceptions to our CDA immunity from liability for third party content. If someone chooses to ignore the clear application of CDA immunity to ESLwatch and attempts

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Can ESLwatch be sued outside the United States?

We operate our website and host all our content within the USA. Proper jurisdiction for a lawsuit is in the U.S. For suits filed outside the U.S., the SPEECH Act precludes enforcement in the US of foreign defamation judgments that are contrary to (1) the US Constitution's First Amendment protections for

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How does ESlwatch respond to civil subpoenas requesting identifying information of our users?

Subpoenas request the identifying information of individuals exercising their qualified First Amendment privilege of anonymous free speech, and because our users have an expectation that we will safeguard their privacy when they post on our site, we do not simply hand over this information upon receipt of a civil subpoena. We require the party requesting this information to make the proper

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Why does ESlwatch have this policy regarding demand letters and subpoenas?

If ESlwatch were to comply with demand letters requesting the removal of content where we cannot independently determine a violation of our Terms of Use, or if we released the identifying information of a user promptly upon receipt of a civil subpoena (or left it solely to our users to challenge such subpoenas), the resulting chilling effect on free speech would undermine the utility of our

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Does ESlwatch remove negative reviews for employers, individuals who donate to ESlwatch supporting our efforts?

No. We apply the same standard of review for all content on ESlwatch. We take this policy extremely seriously. If we decline to remove a negative review before an employer supports our efforts, that employer would not have any better luck convincing us to remove the review once they have donated (no matter how much they spend with us). Furthermore, we believe each employer has the

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How do employers manage their reviews on ESlwatch?

In our experience, those companies that recognize the value of social media, notwithstanding their concerns about individual reviews, benefit from the decision to manage their reviews through meaningful engagement with our website. Employers can flag reviews on our site that they feel violate our terms. Those reviews will be given a second look by the content moderation team to see

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Copyright Policy (DMCA)

Modified 01/03/2017 Copyright Policy. ESLwatch has adopted the following policy towards copyright infringement on ESLwatch in accordance with the Digital Millennium Copyright Act (the "DMCA"). It is our policy to terminate review privileges of any User who repeatedly infringes copyright upon prompt

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Solicitors / Lawyer advice when sending emails to ESLwatch

We have had numerous emails from companies and individuals pretending that they are a solicitor or lawyer. As ESLwatch has had a number of fraudulent emails we have a policy that we will only respond to legitimate emails from legal representatives. If you are a solicitor or lawyer make sure that you send the following: A domain email address, if you work for a

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