Jobfinderusa.com

Jobfinderusa.com Terms and Conditions

Updated: August 23,2010 (Version: 1.1)

Welcome to jobfinderusa.com (“service”, the “site”), a division of Job Finder Publications. By using the jobfinderusa.com web site, you are agreeing to be bound by the following terms and conditions (“terms of use”). If you do not agree to these terms of use, you must cease use of the site.

Job Finder Publications reserves the right to update and change the terms of use from time to time without notice. Any new features, including the release of new tools and resources, shall be subject to the terms of use. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. You can review the most current version of this policy at any time at: http://www.jobfinderusa.com/terms

Violation of any of the terms below will result in the termination of your account. While Job Finder Publications prohibits such conduct and content on the site, you understand and agree that Job Finder Publications cannot be responsible for the content posted on the site and you nonetheless may be exposed to such materials. You agree to use the site at your own risk.

If you are a job seeker using the site, any terms in these Terms and Conditions or exhibits that are expressed to apply solely to employers do not apply to you.

If you are an employer using the site, you may have also entered into a Display Advertising Agreement with Job Finder Publications, in which case these terms of use are part of and incorporated into that agreement.

General rules

The site is intended for individuals seeking employment (“job seekers”) and for employers or recruiters seeking candidates for employment. You may only use this site in an honest manner for lawful purposes that are within Job Finder Publications's intended and acceptable uses of the site.
You must be 18 years or older, or the age of majority as that is defined in your jurisdiction, to use this site.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted. Resume postings must contain the accurate resume of a living individual seeking employment on his or her own behalf.
You must provide your legal first name, last name and a valid email address in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Job Finder Publications immediately of any unauthorized use of your account or password, or any other breach of security.
You may not use the site for any illegal or unauthorized purpose. You must not, in the use of the site, violate any laws in your jurisdiction.
You agree that you are solely responsible for the content of any document you post to the site and any consequences arising from such posting.

Users who are employers

For clients of our printed publication(s), once you place an order with us we will create and activate your account, in order to for you to use the site. Job Finder Publications hereby grants you a limited, terminable, non-exclusive right to access and use the site only for your internal business use seeking candidates (“job seekers”) for employment.
You may not post any jobs on the site for any competitor of Job Finder Publications or post jobs or other content that contains links to any site competitive with jobfinderusa.com.
Job postings must be individual openings for traditional, W-4 or 1099 employees.
Resume database access is restricted to employers with active postings, and additionally to resumes corresponding to the metropolitan areas in which your postings are listed.
The resume database is to be accessed and used solely by you, the employer.
You may not use the resume database in any way which, in Job Finder Publications’s reasonable judgment, adversely affects our business, prospects or the performance or function of the site
You may not use the resume database for any purpose other than as an employer seeking employees, including but not limited to using the information in the resume database to sell or promote any products or services, or take any other action that is misleading, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.
Job Finder Publications may terminate, update, alter or supplement all or any part of the resume database service at any time.
For online job credits, jobfinderusa.com accepts MasterCard, Visa, Discover and American Express. If you are an employer and wish to purchase online credits, please call (866) 500-8188.
Refunds: Once a job credit has been purchased, there are no refunds. If you choose not to expend your job credit on an online posting, you will still be charged in full.

House rules

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic or manual process to search or harvest information from the site or Services, or to interfere in any way with the proper functioning of the site and Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the site. Job Finder Publications reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site, or to any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means.
You may not use the site or any content for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Job Finder Publications or others.
Job Finder Publications does not pre-screen all content on the site, but Job Finder Publications reserves the right (but not the obligation) to refuse or remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of use.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Job Finder Publications customer, employee, member, or officer will result in immediate account termination.
You must not upload, post, host, or transmit unsolicited email, “spam” messages, or anything that may be harmful to other users of the site.
You must not transmit any worms or viruses or any code of a destructive nature.
Communications soliciting the employer's business by our competitors are prohibited.
Individuals and entities who access the site and have previously been terminated by jobfinderusa.com may not register for an account, nor may you designate any other individuals to use your account on your behalf.

Privacy

Job Finder Publications’s Privacy Policy applies to use of this site, and its terms are made a part of these terms of use by this reference. Additionally, by using the site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to jobfinderusa.com or other sites

This site may contain links to other independent third-party Web sites (“linked sites”). These linked sites are not under Job Finder Publications’s control, and Job Finder Publications is not responsible for and does not endorse the content of such sites. You will need to make your own independent judgment regarding your interaction with these linked sites.

Modifications to the site, and prices

Job Finder Publications reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. Job Finder Publications may make changes to any products or services offered on the site, or to the applicable prices for any such products or services, at any time, without notice.
Job Finder Publications shall not be liable to you or to any third party for any modification, price changes, suspension or discontinuance of the site.

Cancellation and termination

If you are a job seeker, you are solely responsible for canceling your account. You can permanently delete your account at any time by clicking on the “Delete my account” link, found on the lower right portion of your “My Account” page. This is a simple no questions asked cancellation link.
If you are an employer, you must request an account cancellation through email at: , or through mail at: PO Box 4844, Cary NC 27519. Once your information has been confirmed, your account will be cancelled per your request. All of your content will be immediately deleted from the site upon cancellation. This information can not be recovered once your account is cancelled.

Limitation of liability

You expressly understand and agree that Job Finder Publications shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Job Finder Publications has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; (v) or any other matter relating to the site.

Indemnity

You agree to indemnify and hold Job Finder Publications, its officers, directors, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Job Finder Publications by any third party due to or arising out of or in connection with your use of the site.

Disclaimer of Warranties

JOB FINDER PUBLICATIONS HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, THE QUALITY, TRUTH, ACCURACY OR LEGALITY OF THE CONTENT POSTED BY JOB SEEKERS, EMPLOYERS OR OTHERS. THE SITE, SERVICE, AND CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JOB FINDER PUBLICATIONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. JOB FINDER PUBLICATIONS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR SERVICE, OR THAT PROBLEMS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE.

JOB FINDER PUBLICATIONS IS NOT AN EMPLOYMENT AGENCY OR A RECRUITING FIRM, AND MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SITE OR SERVICES IN MEETING YOUR OBJECTIVES. JOB FINDER PUBLICATIONS DOES NOT GUARANTEE ANY RESULTS, AND IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS.

Controlling law and jurisdiction

This agreement is governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Wake County, North Carolina, and waive any objection to such jurisdiction or venue. Any claim under these terms of use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Job Finder Publications and you arising out of or in connection with your use of the site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation under the Commercial Rules of the American Arbitration Association, before resulting to arbitration, litigation or other dispute resolution procedure.

Miscellaneous

You agree that Job Finder Publications may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated or requested account deletions), (3) misleading Job Finder Publications of your business practices and/or services (4) discontinuance or material modification of the site or any service offered on or through the site, or (5) unexpected technical issues or problems.

You represent and warrant that the person accepting this agreement has full right and authority to enter into this agreement on Your behalf.

The failure of Job Finder Publications to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision. The terms of use constitutes the entire agreement between you and Job Finder Publications and govern your use of the site, superseding any prior agreements between you and Job Finder Publications (including, but not limited to, any prior versions of the terms of use). These terms of use shall not be interpreted or construed to confer any rights or remedies on any third parties. Questions about this policy should be sent to .