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Job Seekers - Terms of Use
This page states the "Terms and
Conditions" under which you may use LocalCareers.com
and its affiliate sites. Please read this page carefully. If you
do not accept the Terms and Conditions stated here, do not use this web
site and service. By using this web site, you are indicating your
acceptance to be bound by the terms of these Terms and Conditions.
LocalCareers/com Inc. (the "Company") may
revise these Terms and Conditions at any time by updating this page.
You should visit this page periodically to review the Terms and
Conditions, because they are binding on you. The terms "You" and "User"
as used herein refer to all individuals and/or entities accessing this
web site for any reason.
Use of Web Site
Content
The
Company authorizes you to view and access a single copy of the content
available on or from LocalCareers.com or its
affiliate sites (the "Web Site") solely for your personal,
noncommercial use.
The contents of
this Web Site, and of all other websites under the Company’s control,
whether partial or otherwise (the Website and such other websites are
sometimes collectively referred to as “LocalCareer.com
Sites”)
such as text, graphics, images, logos,
button icons, software and other Web Site content (collectively, “Web
Site Content”), are protected under both United States and foreign
copyright, trademark and other laws. All Web Site Content is the
property of the Company or its content suppliers or clients. The
compilation (meaning the collection, arrangement and assembly) of all
content on this Web Site is the exclusive property of the Company and
protected by U.S. and international copyright laws. Unauthorized use of
the Web Site Content may violate copyright, trademark, and other laws.
You must retain all copyright, trademark, service-mark and other
proprietary notices contained in the original Web Site Content on any
copy you make of the Web Site Content. You may not sell or modify the
Web Site Content or reproduce, display, publicly perform, distribute, or
otherwise use the Web Site Content in any way for any public or
commercial purpose. The use of the Web Site Content on any other web
site or in a networked computer environment for any purpose is
prohibited.
You shall not copy
or adapt the HTML code that the Company creates to generate any Web Site
Content or the pages making up any LocalCareer.com
Site. It is also protected by the Company’s copyright.
Acceptable Site Use
General Rules: Users may not use any LocalCareers.com
Site in order to transmit, distribute, store or destroy material,
including without limitation Web Site Content, (a) in violation of any
applicable law or regulation, (b) in a manner that will infringe the
copyright, trademark, trade secret or other intellectual property rights
of others or violate the privacy, publicity or other personal rights of
others, or (c) that is defamatory, obscene, threatening, abusive or
hateful.
LocalCareers.com Site Security Rules. Users are prohibited from
violating or attempting to violate the security of any
LocalCareers.com Site, including, without
limitation, (a) accessing data not intended for such user or logging
into a server or account which the user is not authorized to access, (b)
attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting
a virus to any LocalCareers.com Site,
overloading, "flooding", "spamming", "mailbombing" or "crashing", (d)
sending unsolicited e-mail, including promotions and/or advertising of
products or services, or (e) forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. The Company will investigate occurrences which may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses.
LocalCareers.com
Sites may be used only for lawful purposes by individuals seeking
employment and career information and employers seeking employees. The
Company specifically prohibits any use of the Web Site, and all users
agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or
information which is not your own accurate resume (living individual
seeking employment on a full-time or part-time basis on his or her own
behalf).
Posting any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other
business opportunity which requires an up front or periodic payment,
pays commissions only (except for postings that make clear that the
available job pays commission only and clearly describes the product or
service that the job seeker would be selling, in which case such
postings are permissible), requires recruitment of other members,
sub-distributors or sub-agents.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to
interfere with the proper working of any
LocalCareers.com
Site or any activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately
large load on any
LocalCareers.com
Site’s infrastructure.
If
you have a password allowing access to a non-public area of this Web
Site, disclosing to or sharing your password with any third parties or
using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search any
LocalCareers.com
Site other than the search engine and search agents available from the
Company on such
LocalCareers.com
Site and other than generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any
of the software comprising or in any way making up a part of any
LocalCareers.com
Site.
Aggregating, copying or duplicating in any manner any of the Web Site
Content or information available from any
LocalCareers.com
Site.
Framing of or linking to any of the Web
Site Content or information available from any
LocalCareers.com Site.
User Information.
When you register for the Web Site, you
will be asked to provide the Company with certain information including,
without limitation, a valid email address (your "Information"). In
addition to the terms and conditions that may be set forth in any
privacy policy on this Web Site, you understand and agree that the
Company may disclose to third parties, on an anonymous basis, certain
aggregate information contained in your registration application. The
Company will not disclose to any third party your name, address, email
address or telephone number without your prior consent, except to the
extent necessary or appropriate to comply with applicable laws or in
legal proceedings where such information is relevant. The Company
reserves the right to offer third party services and products to you
based on the preferences that you identify in your registration and at
any time thereafter; such offers may be made by the Company or by third
parties. Please see the Company’s Privacy Policy for further details
regarding your Information.
User Submissions.
As a user,
you are responsible for your own communications and are responsible for
the consequences of their posting. You must not, and by using any
LocalCareers.com Site you agree not to, do the
following things: post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post
it; post material that reveals trade secrets, unless you own them or
have the permission of the owner; post material that infringes on any
other intellectual property rights of others or on the privacy or
publicity rights of others; post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post a sexually-explicit image or
statement; post advertisements or solicitations of business, post chain
letters or pyramid schemes; impersonate another person; or post material
that contains viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines or engines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information.
The Company does not represent or
guarantee the truthfulness, accuracy, or reliability of communications
posted by users or endorse any opinions expressed by users. You
acknowledge that any reliance on material posted by other users will be
at your own risk.
The Company acts as a passive conduit
for the online distribution and publication of user-submitted
information and has no obligation to screen communications or
information in advance and is not responsible for screening or
monitoring material posted by users. If notified by a user of
communications which allegedly do not conform to these Terms and
Conditions, the Company may investigate the allegation and determine in
good faith and its sole discretion whether to remove or request the
removal of the communication. The Company has no liability or
responsibility to users for performance or nonperformance of such
activities. The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the Terms and
Conditions or the law and the right to remove communications which are
abusive, illegal, or disruptive. The Company may take any action with
respect to user-submitted information that it deems necessary or
appropriate in its sole discretion if it believes it may create
liability for the Company or may cause the Company to lose (in whole or
in part) the services of its ISPs or other suppliers.
By submitting content to any public or
non-public area of any LocalCareers Site,
including message boards, forums, contests and chat rooms, you grant the
Company and its affiliates the loyalty-free, perpetual, irrevocable,
sublicenseable (through multiple tiers), non-exclusive right (including
any moral rights) and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the
public, perform and display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any rights
that may exist in such content. You also warrant that the holder of any
rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted
to you the right to grant the license stated above. You also permit any
subscriber to access, display, view, store and reproduce such content
for personal use. Subject to the foregoing, the owner of such content
placed on the Web Site retains any and all rights that may exist in such
content.
Any hyperlinks contained in a job
posting submitted by Customer will be disabled when such job posting is
posted on a LocalCareers.com Site.
We appreciate hearing from our
customers and welcome your comments regarding our services and the
LocalCareers.com Sites. Please be advised,
however, that our policy does not permit us to accept or consider
creative ideas, suggestions, inventions or materials other than those
which we have specifically requested. While we do value your feedback on
our services, please be specific in your comments regarding our services
and do not submit creative ideas, inventions, suggestions, or materials.
If, despite our request, you send us creative suggestions, ideas,
drawings, concepts, inventions, or other information (collectively the
"Submission"), the Submission shall be the property of the Company. None
of the Submission shall be subject to any obligation of confidence on
our part and we shall not be liable for any use or disclosure of any
Submission. The Company shall own exclusively all now known or later
discovered rights to the Submission and shall be entitled to
unrestricted use of the Submission for any purpose whatsoever,
commercial or otherwise, without compensation to you or any other person
who submitted the Submission.
Registration and Password.
You are responsible for maintaining the
confidentiality of your information and password. You shall be
responsible for all uses of your registration, whether or not authorized
by you. You agree to immediately notify the Company of any unauthorized
use of your registration or password.
The Company’s Liability.
LocalCareers.com
Sites are only a venue. This Web Site acts as
a venue for employers to post job opportunities and candidates to post
resumes and does not screen or censor the listings offered. The Company
is not involved in the actual transaction between employers and
candidates. As a result, the Company has no control over the quality,
safety or legality of the jobs or resumes posted, the truth or accuracy
of the listings, the ability of employers to offer job opportunities to
candidates or the ability of candidates to fill job openings. In
addition, note that there are risks, including but not limited to the
risk of physical harm, of dealing with strangers, foreign nationals,
underage persons or people acting under false pretenses. You assume all
risks associated with dealing with other users with whom you come in
contact through the Web Site and/or the other
LocalCareers.com Sites.
Because user authentication on the
Internet is difficult, the Company cannot and does not confirm that each
user is who they claim to be. Because we do not and cannot be involved
in user-to-user dealings or control the behavior of participants on any
LocalCareers.com Site, in the event that you
have a dispute with one or more users, you release the Company (and our
agents and employees) from claims, demands and damages (actual and
consequential, direct and indirect) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control
the information provided by other users which is made available through
the Web Site and/or the other LocalCareers.com Sites. By its very
nature, other people’s information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when using this
Web Site and/or the other LocalCareers.com Sites.
The Web Site Content may contain
inaccuracies or typographical errors. The Company makes no
representations about the accuracy, reliability, completeness, or
timeliness of any LocalCareers.com Site or the Web Site Content. The use
of LocalCareers.com Sites and the Web Site Content is at your own risk.
Changes are periodically made to LocalCareers.com Sites and may be made
at any time.
You acknowledge and agree that you are solely responsible for the
form, content and accuracy of any resume or material contained therein
placed by you on the LocalCareers.com Sites. Employers are solely
responsible for their postings on LocalCareers.com Sites.
The Company is not to be considered to be
an employer with respect to your use of any LocalCareers.com Site and
the Company shall not be responsible for any employment decisions, for
whatever reason made, made by any entity posting jobs on any
LocalCareers.com Site.
THE COMPANY DOES NOT WARRANT THAT ANY LOCALCAREERS.COM
SITE WILL OPERATE ERROR-FREE OR THAT ANY LOCALCAREERS.COM
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF ANY LocalCareers.com SITE OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE
LOCALCAREERS.COM
SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON ANY LOCALCAREERS.COM
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE ANY LOCALCAREERS.COM
SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites.
The Web Site and certain other LocalCareers.com Sites contain links
to third party web sites. These links are provided solely as a
convenience to you and not as an endorsement by the Company of the
contents on such third-party Web sites. The Company is not responsible
for the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on such
third party Web sites. If you decide to access linked third party Web
sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under
these Terms of Use. You also agree not to make any unauthorized
commercial use of any LocalCareers.com Site.
Limitation of Liability.
The aggregate liability for the Company to you for all claims arising
from the use of the Materials or any LocalCareers.com Site is limited to
$100.
Termination.
The Company reserves the right, at its sole discretion, to pursue all
of its legal remedies, including but not limited to deletion of your
postings from this Web Site and the other LocalCareers.com Sites and
immediate termination of your registration with or ability to access
this Web Site and the other LocalCareers.com Sites and/or any other
service provided to you by the Company, upon any breach by you of these
Terms and Conditions or if the Company is unable to verify or
authenticate any information you submit to the Web Site or other
LocalCareers.com Site registration.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Material or
your breach of the terms of these Terms and Conditions. The Company
shall provide notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in defending any such
claim, suit or proceeding.
General.
The Company makes no claims that the Materials may be lawfully viewed
or accessed outside of the United States. Access to the Materials may
not be legal by certain persons or in certain countries. If you access
the Web Site from outside of the United States, you do so at your own
risk and are responsible for compliance with the laws of your
jurisdiction. These Terms and conditions are governed by the internal
substantive laws of Wisconsin, 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 Milwaukee,
Wisconsin. If any provision of these Terms and Conditions are
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 and Conditions, which shall remain
in full force and effect. No waiver of any term of these Terms and
Conditions shall be deemed a further or continuing waiver of such term
or any other term. Except as expressly provided in additional terms of
use for areas of the Web Site, a particular "Legal Notice," or Software
License or material on particular Web pages, these Terms and Conditions
constitute the entire agreement between you and the Company with respect
to the use of Web Site. No changes to these Terms and Conditions shall
be made except by a revised posting on this page. Employer/Company
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