Terms of Use
Posted: 5/20/2024
Welcome! Your use of this Website including any browsing or use, or our services are subject to these Terms of Use, as may be amended from time to time (“Agreement”). You are welcome to register on our Website to receive our email updates and other promotions in your job search. There is no charge for this registration. Please remember that we collect several types of information about and from you which is listed in our posted Privacy Policy so please review this information!
Please read this Agreement carefully. Your access and use of our Website and/or any services will constitute your acceptance and create a legally binding and enforceable agreement between us. In addition, You are subject to and are bound by the posted Privacy Policy which is incorporated herein as though fully set forth.
Please note that this Agreement has a Binding Arbitration Provision and Waiver of Class Action. Please review the Agreement in its entirety.
Services.
We provide informational publications and feeds from third party websites to job seekers. Some of the articles are provided by us and other articles and blogs are from third party publications. All articles express opinions that are unique to the author and are not necessarily our opinions or recommendations. As such, we present a compilation of articles from many different sources. Where a third party provides them, at the bottom of each article, we place the original source of the article and blog so you may easily link to the same for further information. From time to time we may provide different or new services. Any new service shall be covered by this Agreement. To support our publication and services, we may also present advertisements and links to third party sites, which compensate us for advertising space. We do not control the privacy practices nor publications of these third parties. Please note, you will exit this Website if you click on one. We are no longer responsible for collection practices once you exit our Website. Please review their terms and privacy policies, as they will differ from those presented here.
The use of our Website and the general public Services is free. You are only responsible for any fees and costs associated with the device and service you use to access the Internet. You are not required to register with us to view public content. If you wish to receive email notifications of new postings, then you are required to register your email and name with us and we will treat this information as described in our Privacy Policy. Please note that if you do register with us, you will also received third party marketing offers from advertisers supporting our publication.
Finally, we are not an agent for any potential employer or agency to whom you are introduced. We are not responsible or liable for any kind of losses or damages whatsoever arising out of your interaction with third-party potential employers or agencies. We do not pre-approve or vet any third-party potential employers or agencies and your use of our system and introduction is AS IS with all risks associated therewith accepted by you.
We are not responsible for any communications or other marketing material you may receive from any potential employer. Other than your email when making the introduction, we do not provide any potential employer or agency your information. We are not responsible for the loss of any of your data or information including personal information, which may occur intentionally, accidently, or negligently. Furthermore, We are not liable for any errors or inaccuracies in any posted material.
Restrictions.
You may only use our Website and services for lawful purposes and in accordance with this Agreement. You shall not use our Website or services to abuse, harass, or impersonate any person or entity. You may not provide or use a password, email address, or any other information belonging to anyone else. You may not use our Website or Service to post or disseminate any material that is libelous, defamatory, harassing, obscene, or that infringes on the intellectual property or privacy rights of any other person or entity or otherwise violates any rights of any third-party, including, without limitation, non-public information about third-party individuals or organizations.
Tracking Technology.
You agree that we may use data capture and other tracking tools to track, analyze, and compile any data or information resulting from your use of our Website and services. We may share such data as set forth in our Privacy Policy. You further agree that we may use cookies to track usage trends and patterns in order to better understand and improve our Website and Services.
Intellectual Property and License.
All content and software used on our Website and services, such as text, graphics, logos, button icons, and images, as well as the compilation thereof, is our intellectual property and is protected by U. S. and international copyright laws. You agree to honor all copyright notices, legends, or other restrictions contained in any such content and will not make any changes thereto. This includes trade names, logos, service marks, and our trademarks (collectively “Intellectual Property”). You agree not to display the Intellectual Property or use them in any manner without our prior express written permission. Intellectual Property belonging to third-parties that appears on our website or in our Services are licensed and remain the property of their respective owners.
You may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale of, create derivative works from, or in any way commercially exploit the content, or any portion thereof, of our Website, services, or Intellectual Property or those of third-parties with whom we have a license, without the express written consent of the owner of such intellectual property. You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the content made available to You on or Website or through our Services, except for your personal, non-commercial use. We do not grant You any licenses, express or implied, to the intellectual property except as expressly authorized by this Agreement.
You grant us an irrevocable, royalty-free, and fully sub-licensable license to use, distribute, edit, publish, display, and otherwise use any content you provide to use including communications of any nature to us. Registered Users expressly authorize us to distribute and/or license any content provided to us without further compensation of any type.
Third-Party Content.
We distribute content (including text, photos, and graphics) appearing on our website which is provided by third-parties. Any opinions, advice, statements, services, offers, or other information or content expressed by third-parties, including those made in articles or opinion pieces are provided to us for placement on our Website. The intellectual property rights remain at all times by the authors and not ours. We do not guarantee the accuracy, completeness, or usefulness of any content, nor are we liable for any loss or damage caused by your reliance on information contained therein even if such information was obtained through our Website or Services.
Our Website and Services are provided for general informational purposes only. We are not employers nor an employment agency. We do not guarantee the quality or accuracy of the information accessed through our Website. The Service is not intended to be nor is it providing professional advice or a substitute for seeking professional advice from an appropriate professional. Therefore, Users should not use the Service for the purpose of seeking professional advice. If a User is seeking professional advice, he or she should consult with an appropriate professional.
Our Website and services will contain links to third-party content, websites and third-party resources. We do not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or make a purchase with a third-party Site. We make no representations regarding any such site, cannot guarantee such sites' practices regarding data privacy, and does not necessarily approve or endorse the information, products, or services contained on or accessible through such sites. You agree your linking to, and use of other parties’ sites is solely at your own risk.
Amendments to this Agreement and Termination of Website or Services.
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Website or services (or any part thereof) by posting the amended agreement on this page without further notice to you. You may experience interruptions in use of our Website or services due to scheduled and unscheduled downtime for maintenance or for other purposes, during which time you may not be able to access our Website or services.
You agree that we are not liable to you or any third-party for any modification, suspension, interruption, or discontinuance of our Website or services. We are not liable for any loss of data or transmissions as a result of any suspension or discontinuation of our Website or services or for any down time resulting from a scheduled or unscheduled maintenance period irrespective of whether it is cause by our actions or third-party conduct outside of our control.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT OUR WEBSITE AND SERVICES AND ALL CONTENT IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR PARENT OR AFFILIATED COMPANIES, LICENSORS, CONTRACTORS, OR AGENTS MAKE ANY WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY EMPLOYMENT, OBTAINED BY YOU THROUGH THE SERVICES, WILL MEET YOUR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR UPLOAD CONTENT.
YOU EXPRESSLY AGREE THAT ANY CONTENT DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE UPLOAD OF ANY SUCH MATERIAL. YOU EXPRESSLY AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability.
YOU EXPRESSLY AGREE THAT IN NO EVENT WILL WE, OUR PARENT, OR AFFILIATED COMPANIES, LICENSORS, AGENTS, OR CONTRACTORS BE LIABLE UNDER ANY THEORY OF LAW FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) ANY LOSS OF PROFIT, GOOD WILL, OR OTHER INTANGIBLE ASSETS; (C) THE INABILITY TO USE SERVICE; (D) THE USE OF SERVICE; (E) THE LOSS OF DATA; OR (F) ANY OTHER MATTER.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OR ACCESS TO OUR WEBSITE, THE CONTENT PLACED THEREON, AND SERVICE, AND EXPRESSLY WAIVE ALL CLAIMS OR CAUSES OF ACTION AGAINST US OUR PARENT COMPANY, ITS MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES.
Indemnification.
You agree to defend, indemnify, and hold us harmless from and against all claims, losses, obligations, liabilities, expenses, damages, and costs, including reasonable attorney's fees, resulting from: (A) Your use of the Website and/or Service; (B) any violation of this Agreement; (C) Your violation of any third-party right, including but not limited to any intellectual property right; and (D) any activity related to your account.
Copyright Infringement Claims.
We respect the intellectual property rights of others. If notified of a violation of another party’s intellectual property rights, we will remove the offending content. If you believe your work has been copied in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information:
?Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
?Identification of the claimed infringing material reasonably sufficient to permit us to locate the material on the site;
?Information reasonably sufficient to allow us to contact you, such as an address, telephone number, and, if available, an email address;
?A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or by law;
?A statement by you, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
?Your physical or electronic signature.
Please send your demand through our Contact Us page.
We will be in contact with you within thirty (30) days of receipt of your notice or sooner if possible. We appreciate your authorship and ownership of your intellectual property, and we will work with you to address all of your concerns.
Binding Arbitration and Waiver of Class Action Participation and Damages.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), or the Website, including but not limited to alleged violations of state or federal statutory or common law rights or duties (collectively “Dispute”) shall be solely and exclusively resolved by binding arbitration as follows: Either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in the county and state of the defending party, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Each party to pay for their respective costs and fees associated with the Arbitration. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
Termination.
Either We or You may terminate this Agreement at any time and without notice. In the event your account is not utilized for six (6) consecutive months, we will terminate the account without further notice. Without limiting the foregoing, we may, in our sole discretion and without liability, disable or terminate your password or use of our Services for any reason. Termination may be made without prior notice, and we may immediately deactivate or delete your account and all related information. Sections of this Agreement which by their nature limit our liability shall survive termination of this Agreement.
Entire Agreement.
This Agreement constitute the entire agreement between Us and You with respect to Your use of our Website and Services and supersedes all previous written or oral agreements between Us and You with respect to the subject matter hereof.
Governing Law and Statute of Limitations.
This Agreement shall be governed by the laws of the State of Texas, without regard to the conflicts of laws principles thereof. The parties consent to the jurisdiction of any state or federal courts located in Texas. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, to the address as set forth below, or to the address provided by a Registered User in the account information field. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES WAIVES THE RIGHT TO A JURY TRIAL IF ANY SUIT OR PROCEEDING ARISES OUT OF OUR WEBSITE, SERVICES, OR THIS AGREEMENT. The parties agree that any claim or cause of action arising out of the Website or Services or Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary.
Waiver and Severability.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, this shall not affect the validity and enforceability of the remaining terms.
Assignment.
You agree that you shall not assign or transfer any rights or remedies provided you pursuant to this Agreement in whole or in part and any purported assignment or transfer shall be void. We may assign any of our rights or remedies at any time without notice to you.
ELECTRONIC SIGNATURE.
When you visit our Website or use or Services, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email, or by posting notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that this Agreement has been electronically signed by you.