TERMS OF SERVICE AND AGREEMENT
This page states the "Terms of Service" under which you (the “Employer”) may use MyJobSearcher.com. Please read this page carefully. If you do not accept the Terms of Service stated here, do not use this web site and service. By using this web site, Employer is indicating acceptance to be bound by the conditions of these Terms of Service. MyJobSearcher.com may revise these Terms of Service at any time by updating this posting. Employer should visit this page periodically to review the Terms of Service, because they are binding on you. The term "User" as used herein refers to all individuals and/or entities accessing this web site for any reason.
Fees: Employer acknowledges acceptance of the fee(s) set forth on our site or through our Wholesale partner, and Employer understands that MyJobSearcher.com will charge applicable fees in advance of ad publication. Employer may be deleted from the Site if MyJobSearcher.com does not receive payments when due. MyJobSearcher.com will not be bound by any provision, waiver or alteration, printed or otherwise, amending this document. MyJobSearcher.com may modify, suspend or terminate your services at any time for any reason without notice, and shall not incur liability in any manner as a result of such action, except to refund any unused pre-paid subscription.
If Employer should default on any payment and MyJobSearcher.com is forced to seek other collection options, including but not limited to, an outsourced collection agency and/or legal representation, Employer will be responsible for any such fees incurred by MyJobSearcher.com plus interest that will accrue at a rate of 2.5% per month or the highest amount allowed by law. (If Employer is purchasing a quarterly or semi-annually flex agreement Employer hereby agrees that if an installment of jobs is activated early, the entire installment will be invoiced at that time.)
Employer recognizes that the resell of ads to other parties is prohibited. Employer can act as a purchasing agent and purchase individual ads or ad packages for their clients.
Services and Guarantees: MyJobSearcher.com Job Postings are provided "as is" and we make no warranties, expressed or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement, responses, or otherwise. MyJobSearcher.com is not liable for any direct or indirect, consequential, special or punitive damages or losses Employer may incur in connection with or relating to the use of MyJobSearcher.com. Any liability shall be limited to the fee for a single job posting. Employer will defend, indemnify, and hold MyJobSearcher.com harmless from all claims, liabilities, losses and expenses (including reasonable attorneys fees), relating to any acts, or failures to act, by Employer, or materials or information transmitted by Employer in connection with the MyJobSearcher.com.
MyJobSearcher.com is consistently updating and improving its partner network. MyJobSearcher.com reserves the right to add or remove a partner site from the posting network, at its sole discretion. MyJobSearcher.com does not guarantee the services, software, or results, provided by its partner network. MyJobSearcher.com is not liable for agreements entered into between an Employer and a job board partner.
MyJobSearcher.com reserves the right to remove jobs and accounts at any time for any reason.
Confidentiality: Each party will keep the specific terms of this Agreement confidential and not disclose them to any third party (other than to its attorneys and accountants) without the other party’s prior written consent, except as required by law.
MyJobSearcher.com may disclose Employer’s Personal Information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with the legal process served on MyJobSearcher.com. As such, we cannot ensure that Employer’s Personal Information will not be disclosed to third parties. For example, we may be legally obligated to disclose information to the government or third parties under certain circumstances, or third parties may circumvent our security measures to unlawfully intercept or access transmissions or private communications.
No Resale or Unauthorized Commercial Use: Employer agrees not to resell or assign Employer rights or obligations under these Term of Use. Employer also agrees not to make any unauthorized commercial use of the Web Site.
Copyrights and Intellectual Property: The contents of the MyJobSearcher.com web site, such as text, graphics, images, logos, button icons, software and other "Material," are protected under both United States and foreign copyright, trademark and other laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the MyJobSearcher.com and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. Employer must retain all copyright, trademarks, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. Employer may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material 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 MyJobSearcher.com creates to generate its pages. It is also protected by the MyJobSearcher.com copyright.
As a user, Employer is responsible for Employer’s own communications and are responsible for the consequences of Employer’s posting. Employer must not, and by using this Web Site agrees not to, do the following things: post material that is copyrighted, unless Employer is the copyright owner or has the permission of the copyright owner to post it; post material that reveals trade secrets, unless Employer owns them or has 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.
MyJobSearcher.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. Employer acknowledges that any reliance on material posted by other users will be at Employer’s own risk.
MyJobSearcher.com 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, MyJobSearcher.com may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. MyJobSearcher.com has no liability or responsibility to users for performance or nonperformance of such activities. MyJobSearcher.com 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. MyJobSearcher.com 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 MyJobSearcher.com or may cause MyJobSearcher.com to lose (in whole or in part) the services of its ISPs or other suppliers.
MYJOBSEARCHER.COM DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MYJOBSEARCHER.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MYJOBSEARCHER.COM, 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. MYJOBSEARCHER.COM 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 MYJOBSEARCHER.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB 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 THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYJOBSEARCHER.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination: MyJobSearcher.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Employer postings from this Web Site and immediate termination of Employer’s registration with or ability to access the Web Site and/or any other service provided to Employer by MyJobSearcher.com, upon any breach by Employer of these Terms and Conditions or if MyJobSearcher.com is unable to verify or authenticate any information Employer submits to the Web Site.
Indemnity: Employer agrees to defend, indemnify, and hold harmless MyJobSearcher.com, 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 Employer’s use of the Material or Employer’s breach of the terms of these Terms and Conditions. MyJobSearcher.com shall provide notice to Employer promptly of any such claim, suit, or proceeding and shall assist Employer, at Employer’s expense, in defending any such claim, suit or proceeding.
Newsletters: If Employer wishes to subscribe to MyJobSearcher.com email communications, MyJobSearcher.com will use Employer’s name and email address to send the newsletter. Out of respect for Employer’s privacy, MyJobSearcher.com will provide Employer a way to unsubscribe. Please see the "Choice and Opt-out" section.
Internet Protocol Address: Like most websites, MyJobSearcher.com collects Internet Protocol ("IP") addresses from all visitors to the Web Site. An IP address is a number that is automatically assigned to a user’s computer when the Internet is used. MyJobSearcher.com uses IP addresses to help diagnose problems with our server, administer our Web site, analyze trends, track users' movement, gather broad demographic information for aggregate use in order for MyJobSearcher.com to improve the Web site, and deliver customized, personalized content.
Use of "Cookies": Again, like most websites, MyJobSearcher.com may use cookies to enhance a user’s experience on our Web Site. Cookies are pieces of information that some Web Sites transfer to the computer that is browsing that Web Site and are used for record-keeping purposes. Use of cookies makes Web-surfing easier by performing certain functions such as saving a users passwords and user’s personal preferences regarding use of the particular Web Site. MyJobSearcher.com links the information we store in cookies to any personally identifiable information users’ enter into their account settings on MyJobSearcher.com. This link is only used internally for site usage tracking.
As the use of cookies is considered industry standard, users’ browser is probably set to accept cookies. However, if user prefers not to receive cookies, user can alter the configuration of user’s browser to refuse cookies. If user chooses to have the browser refuse cookies, our MyJobSearcher.com will not function properly.
If user’s personally identifiable information changes, or if user no longer desires our service, user may correct, update, or deactivate it by making the change on the MyJobSearcher.com member information page or by emailing our MyJobSearcher.com Customer Support at Contact Us or by going to our contact us page.
Security
MyJobSearcher.com has implemented and follows industry standard measures to protect against unauthorized access to and unlawful interception or processing of Personal Information. MyJobSearcher.com also protects account information by placing it on a secure portion of the Web site that is only accessible by certain qualified employees of MyJobSearcher.com. Unfortunately, no data transmission over the Internet is 100% secure. While MyJobSearcher.com strives to protect users Personal Information, we cannot ensure or warranty the security of any such Personal Information.
General: MyJobSearcher.com makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If a user accesses the Web Site from outside of the United States, user does so at user’s own risk and is responsible for compliance with the laws of user’s jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of Indiana, Lake County, without respect to its conflict of laws principles. In the event either party brings any legal action to enforce the terms and conditions of this agreement, the parties agree that the Superior or Municipal Court of Indiana, Lake County, shall be the sole venue for bringing such action. 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.
Employer will ensure that all of Employer’s employees and representatives using, or otherwise having access to, the system do so only in strict accordance with these terms.
