|
|
| Terms & Conditions |
|
The Mobius Network, LLC/RecyclingJobs.com Terms and Conditions
1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the RecyclingJobs.com web site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. If you are an employer using the Site, you may have entered into a Service Agreement with The Mobius Network, LLC/RecyclingJobs.com, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of March 12, 2009.
2. Binding Agreement. These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by The Mobius Network, LLC/RecyclingJobs.com) form a binding agreement (the "Agreement") between you and The Mobius Network, LLC/RecyclingJobs.com. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
RecyclingJobs.com Web site or the "Site": includes www.RecyclingJobs.com in its entirety and its related sites owned or operated by The Mobius Network, LLC/RecyclingJobs.com 's, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
Content: includes all Text, Graphics, Design and Programming used on the Site.
Text: includes all text on every page of the Site, whether editorial, navigational, or instructional.
Graphics: includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
Design: includes the color combinations and the page layout of the Site.
Programming: includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
Document: refers to any posting to the Site, whether job or resume.
Services: means any services provided on the Site by The Mobius Network, LLC/RecyclingJobs.com or its agents.
User: refers to any individual or entity who uses any aspect of the Site.
Job Seeker: means a User who is accessing the Site to search for a job or in any other capacity except as an Employer.
Employer: means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.
"You" and "you": means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions
4. Acceptable Use of the Site.
4.1 General Use Rules. The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of The Mobius Network, LLC/RecyclingJobs.com’s intended and acceptable use of the Site. The Mobius Network, LLC/RecyclingJobs.com is the sole interpreter of the Site’s intended and acceptable use
4.2 License to Use by Users who are Job Seekers. The Mobius Network, LLC/RecyclingJobs.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. 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. Your use of the Site is a privilege. The Mobius Network, LLC/RecyclingJobs.com reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.3 License to Use by Users who are employers. The Mobius Network, LLC/RecyclingJobs.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. Users of the Resume Database please see our Resume Database Subscription Agreement Terms and Conditions, which are incorporated herein by reference, for further clarification. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Resume Database) provided by The Mobius Network, LLC/RecyclingJobs.com to any third party without the express written authorization of The Mobius Network, LLC/RecyclingJobs.com. 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. The Mobius Network, LLC/RecyclingJobs.com reserves the right to suspend or terminate your access and use at any time if The Mobius Network, LLC/RecyclingJobs.com determines that you are in breach of any of these Terms and Conditions.
4.4 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.
4.5 House Rules for Posting, Conduct and Security. You agree to comply with the "House Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A.
5. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of The Mobius Network, LLC/RecyclingJobs.com or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, The Mobius Network, LLC/RecyclingJobs.com reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. The Mobius Network, LLC/RecyclingJobs.com design logo and certain other names or logos are service marks or trademarks of The Mobius Network, LLC/RecyclingJobs.com, and all related product and service names, design marks and slogans are the service marks or trademarks of The Mobius Network, LLC/RecyclingJobs.com. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by The Mobius Network LLC’s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
6. Disclaimers and Limitations on The Mobius Network, LLC/RecyclingJobs.com 's Liability.
6.1 Allocation of Responsibility The Mobius Network, LLC/RecyclingJobs.com assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. The Mobius Network, LLC/RecyclingJobs.com acts as a portal 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 Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, The Mobius Network, LLC/RecyclingJobs.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. The Mobius Network, LLC/RecyclingJobs.com has no liability or responsibility to Users for performance or nonperformance of such activities. The Mobius Network, LLC/RecyclingJobs.com may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by The Mobius Network, LLC/RecyclingJobs.com. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 No Guaranty of Results. The Mobius Network, LLC/RecyclingJobs.com is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. The Mobius Network, LLC/RecyclingJobs.com does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.
6.4 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE MOBIUS NETWORK, LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) The Mobius Network, LLC/RecyclingJobs.com makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) The Mobius Network, LLC/RecyclingJobs.com makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COMIS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN The Mobius Network, LLC/RecyclingJobs.com 'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM, THE AMOUNTS ACTUALLY PAID BY YOU TO THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that The Mobius Network, LLC/RecyclingJobs.com will be entitled to equitable relief upon a breach of this agreement by you.
7. Payment of Services upon Termination of Service Agreement. If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM, The Mobius Network, LLC/RecyclingJobs.com shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
8. Links to Other Sites. The Mobius Network, LLC/RecyclingJobs.com contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by The Mobius Network, LLC/RecyclingJobs.com of the contents on such third-party web sites. The Mobius Network, LLC/RecyclingJobs.com 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.
9. Amendments to this Agreement and Changes to Site. The Mobius Network, LLC/RecyclingJobs.com may revise this Agreement s at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by The Mobius Network, LLC/RecyclingJobs.com unless The Mobius Network, LLC/RecyclingJobs.com agrees to them in a signed writing specifically including those new or different terms. The Mobius Network, LLC/RecyclingJobs.com may change the Site at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless The Mobius Network, LLC/RecyclingJobs.com (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. The Mobius Network, LLC/RecyclingJobs.com shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11. User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through The Mobius Network, LLC/RecyclingJobs.com’s on-line operations only. Please note, as set forth in the Privacy Policy, that The Mobius Network, LLC/RecyclingJobs.com may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, The Mobius Network, LLC/RecyclingJobs.com reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users. The Mobius Network, LLC/RecyclingJobs.com will release information to law enforcement and government agencies only if they have a valid subpeona issued by a court of law with legal jurisdiction.
12. Questions and Notices. Questions concerning the use of the Site should be directed to info@RecyclingJobs.com. Notices shall be sent, for The Mobius Network, LLC/RecyclingJobs.com, to the email address listed on the Site, and, for you, to the address submitted by you or such other address as The Mobius Network, LLC/RecyclingJobs.com reasonably determines is an appropriate address for you.
13. General. The Mobius Network, LLC/RecyclingJobs.com contact information is listed on the Site. The The Mobius Network, LLC/RecyclingJobs.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access The Mobius Network, LLC/RecyclingJobs.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of California. The sole relationship between You and The Mobius Network, LLC/RecyclingJobs.com is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by The Mobius Network, LLC/RecyclingJobs.comin a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and The Mobius Network, LLC/The Mobius Network, LLC/RecyclingJobs.com Exhibit A -House Rules regarding Posting, Conduct and Security
The Mobius Network, LLC/RecyclingJobs.com is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at The Mobius Network, LLC/RecyclingJobs.com’s discretion. The Mobius Network, LLC/RecyclingJobs.com reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.
A1. Posting Rules:
(a) Your Document may not contain: (i) URLs or links to Web sites (to advertise your company or Web site.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Job postings must be individual openings for traditional, W-2 or 1099 employees.
(e) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(f) The Mobius Network, LLC/RecyclingJobs.com is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at The Mobius Network, LLC/RecyclingJobs.com’s discretion.
A2. Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify The Mobius Network, LLC/RecyclingJobs.com immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Alert@RecyclingJobs.com.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time during the term of this agreement The Mobius Network, LLC/RecyclingJobs.com comes to the understanding that you: (i) misled The Mobius Network, LLC/RecyclingJobs.com of your business practices and/or services, or (ii) purchased services that do not represent your precise business, The Mobius Network, LLC/RecyclingJobs.com reserves the right to terminate this agreement.
(g) The Mobius Network, LLC/RecyclingJobs.com is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.
A3. Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) 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.
(b) Violation of these Security Rules may result in civil or criminal liability. The Mobius Network, LLC/RecyclingJobs.com 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.
The Mobius Network, LLC/RecyclingJobs.com Resume Database Subscription Agreement
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. BY INDICATING ON THE CREDIT CARD PURCHASE PAGE THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM ("RECYCLINGJOBS.COM") FOR THE FULL SUBSCRIPTION TERM.
The Mobius Network, LLC/RecyclingJobs.com owns and operates a website located at www.RecyclingJobs.com (the "Site"), pursuant to which it offers Employers and recruiters a limited subscription to The Mobius Network, LLC/RecyclingJobs.com’s subscribers-only online Resume Database (the "Resume Database"). This Agreement provides the terms and conditions of such subscription.
RESUME DATABASE TERMS AND CONDITIONS
1. Access Authority and Conditions. Subject to compliance with each of the terms of this agreement, The Mobius Network, LLC/RecyclingJobs.com agrees to permit You a limited, personal, terminable, non-transferable, non-exclusive right to access The Mobius Network, LLC/RecyclingJobs.com Resume Database via the Site for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively "Resumes") solely for Your use. Following are certain requirements and limitations regarding such access:
1.1 The Resume Database is to be accessed and used solely by You. Upon Your successful registration for Resume Database subscription, You will be provided with a unique password that will permit You to access the Resume Database. You may not provide Your password or otherwise permit access to the Resume Database to any third party. You may download, one at a time, up to either 50 Resumes per day or 300 Resumes per day (per Resume Database user seat) depending on the Resume Database product purchased for Your use in accordance with the terms of this Agreement. Please note that the term "download" shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii) printing a Resume; (iv) copying a resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that results or could result in Your use of a Resume or any of the information contained therein. You agree to protect and keep Your password confidential, to change Your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on Your network and individual computer(s).
1.2 You may not use the Resume Database in any way which, in The Mobius Network, LLC/RecyclingJobs.com’s sole judgment, adversely affects The Mobius Network, LLC/RecyclingJobs.com’s business, business prospects, the performance or function of the Site or the Resume Database, or interferes with the ability, of other subscribers to access the Resume Database. Further, Your use of the Resume Database may not interfere or violate, in any manner, the privacy election of The Mobius Network, LLC/RecyclingJobs.com Job Seekers.
1.3 You may use Your subscription to the Resume Database only for seeking candidates for employment, You are specifically prohibited from using information contained in the Resume Database to sell or promote any products or services or to take any other action that is, in The Mobius Network, LLC/ RecyclingJobs.com’s sole judgment, inconsistent with Site Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation.
1.4 The Mobius Network, LLC/RecyclingJobs.com may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to The Mobius Network, LLC/RecyclingJobs.com Resume Database, The Mobius Network, LLC/RecyclingJobs.com does not convey any interest in or to the Resume Database or any other The Mobius Network, LLC/RecyclingJobs.com property or services. All right, title and interest in and to the Resume Database is and shall remain in Mobius Network, LLC/RecyclingJobs.com 2. Subscription Period. This Agreement shall commence as of the date you click "I accept", agreeing to be bound by the terms of this Agreement (the "Effective Date") and shall continue for the duration of the Subscription Period selected and prepaid in full by You ("Subscription Period"), unless terminated earlier by The Mobius Network, LLC/RecyclingJobs.com as provided herein. You may not cancel this Agreement for any reason during the Subscription Period.
3. Disclaimer of Warranties. THE RESUME DATABASE SUBSCRIPTION AND USE OF THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM RESUME DATABASE ARE PROVIDED "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE RESUME DATABASE. THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COMRESUME DATABASE IS GIVEN OR ASSUMED BY THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE RESUMES. THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM DOES NOT WARRANT THAT YOUR USE OF THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM RESUME DATABASE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
4. Limitation of Liability. IN NO EVENT WILL THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY TO ACCESS THE RESUME DATABASE) ARISING HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE MOBIUS NETWORK, LLC/RECYCLINGJOBS.COM’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU.
5. Indemnification. You will, at Your sole cost and expense, indemnify and hold Mobius Network, LLC/RecyclingJobs.com, and its affiliates and its assigns and their respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including attorneys’ fees and expenses) arising out of or related to Your use of the Resume Database or any breach of the terms hereof in any manner. You shall permit The Mobius Network, LLC/RecyclingJobs.com to participate in any such action to the extent that, in Mobius Network, LLC/RecyclingJobs.com's judgment, The Mobius Network, LLC/RecyclingJobs.com may be prejudiced thereby, and You shall not settle any such action without the prior written consent of Mobius Network, LLC/RecyclingJobs.com 6. Amendments. The Mobius Network, LLC/RecyclingJobs.com reserves the right to modify the terms and conditions of this Agreement or provide additional usage requirements or limitations in its sole discretion at any time by posting a revised version hereof on the Site or by otherwise making such revised terms available for review by You. Any such modifications will supersede all prior versions after the revised version has been posted on the Site or otherwise made available as described above. Your continued use of the Resume Database after posting or availability constitutes Your agreement to the revision.
7. Authority. You represent and warrant that the person accepting this Agreement has full right and authority to enter into this Agreement on Your behalf.
8. Controlling Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The exclusive jurisdiction for any action relating to this Agreement shall be a federal or state court in El Dorado County, California, and the parties consent to such jurisdiction.
9. Force Majeure The Mobius Network, LLC/RecyclingJobs.com shall not be liable or responsible for any delay or failure in performance if such delay or failure is due to causes beyond its control.
10. No Assignment. You may not assign this Agreement or any of Your rights hereunder. Any such attempted assignment shall be null and void.
11. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto. | |
|
|
