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BY POSTING EMPLOYMENT OPPORTUNITIES ON JOBSEARCHDIGEST.COM (OR ANY OF ITS AFFILIATE WEBSITES), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT POST INFORMATION ON THIS SITE.
Jobsearchdigest.com (sometimes called “we” or “us”) allows employers, recruiters, and other parties to submit job opportunities and other information via our website for publication and/or promotion through a variety of channels including, but not limited to, the Jobsearchdigest.com website (the “Service”). This Job Posting Agreement governs your use of this Service.
1. Control of Information Released
In the course of your use of the Service, there may be an exchange of information between you, potential candidates, and other third parties. You understand and agree that you are responsible for any and all information submitted to the Service, that it may be posted, and that we are in no way responsible for the consequences of its release. Furthermore, we cannot be held responsible for communications from candidates or other third parties with you concerning job opportunities or other information that you submit to the Service.
2. Accuracy of Information; No Warranties
a. We make no guarantee of any kind, either expressed or implied about the Service, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose or non-infringement, regarding the quality, accuracy, or validity of the data and/or information posted via the Service. You agree that your use of the Service is on an “as-is”, “as available” basis. You acknowledge that your use of the Service is at your sole risk.
b. We make no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. We make no warranty regarding any goods or services purchased or information obtained through the Service (including via any links to third party web sites) or any transactions or agreements entered into through the Service.
c. You agree to (a) provide true, accurate, current and complete information about your postings and (b) maintain and update this information to keep it true, accurate, current and complete. You are solely responsible for all information exchanged with potential employees and other third parties resulting from your use of the Service, including, but not limited to, responsibilities and other information about the posted position, contact information, and salary. You shall indemnify and hold harmless Jobsearchdigest.com and other indemnified parties.
d. We reserve the right to remove any job posting or other submitted information from the Jobsearchdigest.com website and/or other locations as applicable if it contains inaccurate or inappropriate information, or if we determine in our sole discretion that it is in our best interests to do so. We will also purge old information from the Jobsearchdigest.com website and/or other locations from time to time as we may determine at our sole discretion.
3. Content
By submitting information, including but not limited to job and other information and data, trademarks, and other intellectual property ( the “Content”) to the Service, you grant us a perpetual, royalty-free, sub-licensable, non-exclusive right and license to 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 on the Jobsearchdigest.com website, and/or to incorporate it in newsletters and other works in any form, media, or technology now known or later developed. You warrant and represent that you are fully entitled to grant the aforesaid right and license.
4. No Endorsement
We do not verify, endorse nor otherwise vouch for any potential employee or other individual that you may come in contact with through the use of the Service. We make no representation concerning a prospective employee’s qualifications nor do we sanction or endorse them. In the event of a dispute between you and any prospective employee or other party, you shall indemnify and hold harmless Jobsearchdigest.com with such disputes.
5. Our Policies
The following are policies that you agree to follow:
a. Neither you, nor any of your agents, may use the service to recruit replacement workers in a labor dispute if it would be contrary to the provisions of a collective bargaining agreement or applicable law, or contrary to the provisions of any applicable employment agreements.
b. You may not resell or repost resumes or other information submitted to you by job candidates or other parties in connection with the Service. Such resale or reposting would violate the job candidate’s right to control how his or her resume is viewed.
c. You will only submit materials to the Service for which you have obtained appropriate copyright or other permission to upload such materials and to permit downloading by others for personal, noncommercial use.
d. You will not violate, plagiarize, or infringe on the rights of third parties, including, copyright, trademark, trade secret, privacy, personal, publicity, or proprietary rights.
Violations of any of these policies may result in the removal of your submission from Jobsearchdigest.com and/or other locations as applicable.
6. Modifications or Discontinuance
We may change the terms of this Agreement or modify or discontinue, temporarily or permanently, the Service at any time and without notice. You agree that we shall not be liable to you or any third party for any such modification or discontinuance of the Service. If we terminate the Service, we may immediately delete any or all of your Content.
7. Communications and Data
While we will take reasonable security precautions concerning electronic transmission of data or communications, we disclaim any liability for any loss of data resulting from accidental or deliberate deletion, interception, network or system outages, file corruption or any other reasons. You agree that we shall not be under a duty to inquire as to the authority or propriety of any information or instructions given to us by you and we shall be entitled to act upon any such information or instructions, and we will not be liable for any loss, cost, expense or other liability arising out of any such instructions.
8. Limitations of Liability
We and our subsidiaries, affiliates, shareholders, directors, officers, employees and licensors will not be liable (jointly or severally) to you or any other person as a result of your use of the Service for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the “excluded damages”), whether or not characterized in negligence, tort, contract, or other theory of liability, even if we have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
9. Indemnity
You agree to indemnify, defend, and hold us, and all of our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties including, without limitation, reasonable attorneys’ fees, in connection with any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service.
10. No Partnership, Agency, Etc.
You agree that you and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
11. No Endorsement.
Jobsearchdigest.com does not verify, endorse or otherwise vouch for any potential employer. Jobsearchdigest.com makes no representation concerning an employer’s qualifications nor does it sanction potential employers. In the event of a dispute between you and any potential employers, you shall indemnify and hold harmless Jobsearchdigest.com in any connection with such disputes.
12. General.
We may discontinue or change the Service, or its availability to you at any time. You may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate court located in San Diego, California. Any term, condition, or provision of this Agreement that is determined for any reason to be unlawful, invalid, void or unenforceable shall not affect any other portion of this Agreement.
