1. Introduction.Please read this page carefully.
It contains the terms and conditions (the "Terms and Conditions")
governing your access to and use of the Igottajob.com Web Sites and the
Services (as each are defined below) provided by Igottajob.com, LLC or one of
its divisions (collectively, "Igottajob.com"). If you do not accept
these Terms and Conditions or you do not meet or comply with their provisions,
you may not use the Igottajob.com Web Sites or Services. These Terms and
Conditions are effective as of February 13, 2015.
2. Binding Agreement.These Terms and Conditions
(as they may be amended from time to time by Igottajob.com), together with your
Service Activation Agreement (if applicable), form a binding agreement (the
"Agreement") between you and Igottajob.com. Your access to or use of
the Igottajob.com Web Sites or Services indicates your acceptance of these
Terms and Conditions. You are agreeing to use the Sites at your own risk.3.
Certain Definitions.\The following definitions apply to this Agreement:
3.1 "Igottajob.com Materials" includes
any materials, methodologies, implementation plans or other intellectual
property used during the provision of Services.
3.2 "Igottajob.com Web Site" or the
"Site" (collectively, the "Igottajob.com Websites" or the
"Sites") means any web site under Igottajob.com's control, whether
partial or otherwise and includes such Site's Content, Text, Graphics, Design,
Programming, Igottajob.com Materials and Services (as applicable in each
context).
3.3 "Content" includes all Text,
Graphics, Design and Programming used on the Sites.
3.4 "Design" includes the color
combinations and the page layout of the Sites. "Programming" includes
both client-side code (HTML, JavaScript, etc.) and server-side code (Active
Server Pages, VBScript, databases, etc.) used on the Sites.
3.5 "Document" refers to any posting to
a Site, whether job or resume.
3.6 "Employer" means a person or entity
that is accessing a Site to post a job or utilizing the Services for any reason
related to the purpose of seeking candidates for employment.
3.7 "Employer Materials" includes any
brochures, emails, sample job postings, web site content, career fair material,
audio, videos, photographs, logos, trademarks, service marks, domain names,
documents or other materials provided by Employer, if any, for use in
connection with the Services.
3.8 "Graphics" includes all logos,
buttons, and other graphical elements on the Sites, with the exception of paid
advertising banners.
3.9 "Job Seeker" means a User who is
accessing a Site to search for a job or in any other capacity except as an
Employer.
3.10 "Services" means any services
provided by Igottajob.com or its agents described herein and specified more
fully in the Service Activation Agreement.
3.11 "Text" includes all text on every
page of the Sites, whether editorial, navigational, or instructional.
3.12 "User" refers to any individual or
entity that uses any aspect of the Sites.
3.13 "You" or "you" means the
person who (or the entity on behalf of whom you are acting) that is agreeing to
these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use
of the Sites and Services.
4.1 General Use Rules. The Sites are intended for
individuals seeking employment and for employers or recruiters seeking
candidates for employment. You may use the Sites only for lawful purposes
within the stated context of Igottajob.com's intended and acceptable use of the
Sites. Igottajob.com is the sole interpreter of the Sites' intended and
acceptable use.
4.2 Igottajob.com Intellectual Property Rights.
The Sites, the Igottajob.com Materials and all right, title and interest in and
to the Sites and Igottajob.com Materials are the sole property of Igottajob.com
or its licensors, and are protected by United States and foreign copyright,
trademark and other laws. Except for the limited licenses expressly granted to
you in these Terms and Conditions, Igottajob.com reserves for itself and its
licensors all other rights, title and interest. Without limitation on the
foregoing, you may not reproduce, modify, display, sell, or distribute the
Content or Igottajob.com Materials, or use them in any other way for public or
commercial purpose. Notwithstanding anything to the contrary contained herein,
this prohibition includes: (a) copying or adapting the HTML code used to
generate web pages on the Sites (b) using or attempting to use engines, manual
or automated software, tools, devices, agents, scripts, robots or other means,
devices, mechanisms or processes (including, but not limited to, browsers,
spiders, robots, avatars or intelligent agents) to navigate, search, access,
"scrape," "crawl," or "spider" any web pages or
any Services provided on the Sites other than the search engine and search
agents available from Igottajob.com on such Igottajob.com Sites and other than
generally available third party web browsers (e.g., Internet Explorer, Firefox,
Safari) and (c) aggregating, copying or duplicating in any manner any of the
Content or information available from any of the Igottajob.com Sites, without
the express written consent of Igottajob.com. The use of the Content on any
other web site or in a networked computer environment for any purpose is
strictly prohibited. The Igottajob.com Materials are not considered to be works
for hire and you may duplicate such Igottajob.com Materials only for the
purposes outlined in the Service Activation Agreement. "Igottajob.com,"
"Personified", the Igottajob.com design logo and certain other names
or logos are service marks or trademarks of Igottajob.com, and all related
product and service names, design marks and slogans are the service marks or
trademarks of Igottajob.com. In addition, the "look" and
"feel" of the Sites (including color combinations, button shapes,
layout, design and all other graphical elements) are also protected by Igottajob.com's
trademarks, service marks and copyrights. Any code that Igottajob.com creates
to generate or display the Content or the pages making up the Sites is also
protected by Igottajob.com's copyright. You must retain all copyright,
trademarks, service mark and other proprietary notices contained on the Content
or Igottajob.com Materials on any authorized copy you make of the Content or Igottajob.com
Materials. All other product and service marks contained on the Sites are the
trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. Igottajob.com
hereby grants you a limited, terminable, non-exclusive right to access and use
the Sites 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 Sites solely for your personal, noncommercial use. You agree
that you are solely responsible for the content of any Document you post to a
Site and any consequences arising from such posting. Your use of the Sites is a
privilege. Igottajob.com reserves the right to suspend or terminate that
privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. Igottajob.com
hereby grants you a limited, terminable, non-exclusive right to access and use
the Sites 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 Sites solely for your personal use directly related to
searching for and recruiting job prospects. Igottajob.com also grants you a
limited, terminable, non-exclusive license to use the Igottajob.com Materials
and Services for your internal use only. You may not sell, transfer or assign
any of the Services or your rights to any of the Services provided by Igottajob.com
to any third party without the express written authorization of Igottajob.com.
You agree that you are solely responsible for the content of any Document you
post to a Site and any consequences arising from such posting. Igottajob.com
reserves the right to suspend or terminate your access and use at any time if Igottajob.com
determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents
warrants and covenants that any Employer Materials provided by Employer for use
in connection with the Services will not violate any laws or regulations or
third-party proprietary rights, including, without limitation, copyright, trademark,
obscenity, rights of publicity or privacy, and defamation laws. Employer hereby
grants Igottajob.com a non-exclusive, worldwide, royalty-free license to use
the Employer Materials and to hyperlink to Employer's website in connection
with the Services.
4.6 Use of Aggregate Data. You understand and
agree that Igottajob.com owns and has the right to collect, extract, compile,
synthesize, and analyze Aggregate Data. Igottajob.com may use such Aggregate
Data for any lawful business purpose without a duty of accounting to you,
provided that the data and information is used only in an aggregated and
anonymized form so that it cannot be identifiable as relating to you, your
Company or to any other Job Seekers. "Aggregate Data" means de-identified
aggregated data or information regarding Job Seekers' educational or career
history (including, by way of example and not limitation, aggregate data
relating to Job Seekers' occupation, location, salary, education and
experience).
4.7 Other Specific Rules Regarding Site Usage. You
represent, warrant and agree that you (a) are at least 13 years of age or
older, and if under the age of 18 or the age of majority as that is defined in
your jurisdiction, you will only use the Sites and Services under the
supervision of a parent, legal guardian, or other responsible adult and (b)
will not use (or plan, encourage or help others to use) the Sites 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 Sites
complies with these Terms and Conditions and all applicable laws. 4.8 User
Submissions. Igottajob.com welcomes your comments regarding the Services and
the Sites and appreciates hearing from you. Please note, however, that Igottajob.com
does not accept or consider creative ideas, suggestions, inventions or
materials other than those which it has specifically requested. If you submit
feedback on the Services, please be specific in your comments and do not submit
creative ideas, inventions, suggestions, or materials. If, despite this notice,
you send Igottajob.com creative suggestions, ideas, drawings, concepts,
inventions, or other information (a "User Submission"), you understand
and agree that the User Submission shall become the property of Igottajob.com.
User Submission and any elements contained in User Submissions shall not be
subject to any obligation of confidentiality on Igottajob.com's part, and Igottajob.com
will not be liable for any use or disclosure of any User Submission. Igottajob.com
shall exclusively own all now known or later discovered rights to the User
Submission and shall be entitled to unrestricted use of the User Submission for
any purpose whatsoever, commercial or otherwise, without compensation to you or
any other person.
5. Third Party Providers. You acknowledge and
agree that Igottajob.com may provide the Services using third party providers,
including subcontractors and consultants (the "Third Party
Providers"). You agree that, as between Igottajob.com and its Third Party
Providers, Igottajob.com will have sole responsibility for handling all billing
and contract negotiations.
6. Disclaimers and Limitations on Igottajob.com's
Liability.
6.1 Allocation of Responsibility Igottajob.com
assumes no responsibility for Documents posted by Users and no responsibility
for the activities, omissions or other conduct of Users. Igottajob.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
these Terms and Conditions, Igottajob.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. Igottajob.com has no liability or responsibility
to Users for performance or nonperformance of such activities. Igottajob.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 Igottajob.com. Nothing on
the Sites 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 WARRANTY DISCLAIMERS. (a) THE SITES ARE
PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED. IGOTTAJOB.COM, 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 A PARTICULAR
PURPOSE. IGOTTAJOB.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE SITES. (b) WITHOUT LIMITATION ON THE
FOREGOING: (i) IGOTTAJOB.COM DOES NOT WARRANT THAT THE SITES WILL OPERATE
ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR
INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, IGOTTAJOB.COM
IS NOT RESPONSIBLE FOR THOSE COSTS. (ii) Igottajob.com makes no representations
or guarantees regarding the truthfulness, accuracy, LEGALITY, 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) Igottajob.com makes no representations or guarantees regarding the
Content of the SiteS, including, but not limited to, broken links, inaccuracies
or typographical errors. (iv) IGOTTAJOB.COM MAKES NO REPRESENTATIONS OR
GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE
SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. IGOTTAJOB.COM DOES NOT
GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS
BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR
ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON
MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY
AND EQUITABLE RELIEF. (a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS
THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES. (b)
IN NO EVENT SHALL IGOTTAJOB.COM (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, 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 SERVICES OR THE USE OR ACCESS TO,
OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IGOTTAJOB.COM
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF 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 IGOTTAJOB.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 IGOTTAJOB.COM (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, 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 IGOTTAJOB.COM, THE AMOUNTS
ACTUALLY PAID BY YOU TO IGOTTAJOB.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 Igottajob.com will be entitled to equitable relief upon
a breach of this agreement by you.
6.5 User Authentication. Because User authentication
on the Internet is difficult, Igottajob.com cannot and does not confirm that
each User is who they claim to be. Because Igottajob.com does not and cannot be
involved in User-to-User dealings or control the behavior of participants on
the Sites, in the event that you have a dispute with one or more Users, you
release Igottajob.com from claims, demands and damages (actual and
consequential and 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.
6.6 California Residents. If you are a California
resident, you waive California Civil Code Section 1542, which says: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release,
which if known by him or her must have materially affected his or her
settlement with the debtor."
7. Payment of Services upon Termination of Service
Activation Agreement. If at any time during the course of this Agreement you
should terminate a Service Activation Agreement or any other services Agreement
in which these Terms and Conditions have been incorporated by reference, then Igottajob.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. Igottajob.com contains
links to third party web sites. These links are provided solely as a
convenience to you and not as an endorsement by Igottajob.com of the contents
on such third-party web sites. Igottajob.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
Sites. Igottajob.com may revise these Terms and Conditions at any time by
updating this page. Changes will be binding on you on the date they are posted
on the Sites (or as otherwise stated in the any notice of such changes). Any
use of a Site will be considered acceptance by you of the then-current Terms
and Conditions (including any exhibits thereto) contained on such Site. If at
any time you find the Terms and Conditions unacceptable, you may not use the
applicable Site any longer. Any new or different terms supplied by you are
specifically rejected by Igottajob.com unless Igottajob.com agrees to them in a
signed writing specifically including those new or different terms. Igottajob.com
may change the Sites at any time.
10. Indemnity. You agree to defend, indemnify, and
hold harmless Igottajob.com (and its subsidiaries, affiliates, 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 Sites, any Document posted by you, your use of
the Services or your breach of this Agreement. Igottajob.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 and Privacy Policy.
11.1 When you register on any of the Igottajob.com
Sites or in connection with the Services, you will be asked to create an
account and provide Igottajob.com with certain information, including but not
limited to, a valid email address ("User Information"). You acknowledge
and agree that you have no ownership rights in your account.
11.2 All User Information will be used in
accordance with the terms of Igottajob.com's Privacy Policy. Please note, as
set forth in the Privacy Policy, that Igottajob.com may collect certain User
Information and may contact Users periodically in accordance with the terms of
the Privacy Policy. In addition, Igottajob.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 User Information. In addition,
third parties may retain cached copies of User Information.
12. Questions and Notices. Questions concerning
the use of the Sites should be directed to Feedback. Notices to Igottajob.com
should be sent to the address listed on the Sites. We will send notice to you
at the address submitted by you or to such other address as Igottajob.com
reasonably determines is an appropriate address for you.
13. General. Igottajob.com contact information is
listed on the Sites. Igottajob.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 Sites. If you access Igottajob.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 Activation Agreement, if you have one, are governed by the
internal substantive laws of the State of Illinois, without respect to its
conflict of laws principles. Jurisdiction for any claims arising under this
Agreement or your Service Activation Agreement shall lie exclusively with the
state or federal courts in the State of Illinois. The sole relationship between
you and Igottajob.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 Sites, 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 Igottajob.com in a particular
"Legal Notice," or material on particular web pages of the Sites,
this Agreement and your Service Activation Agreement where applicable,
constitute the entire agreement between you and Igottajob.com.
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The
list of rules is for illustration only and is not a complete list of all
posting, conduct and security rules.
14.1 Posting Rules: (a) You may not post any
Document to a Site that contains: (i) URLs or links to web sites other than to
recruitment related pages on your company web site (to advertise your company
or web site, see our Advertising Info page.) (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) irrelevant 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 a Document(s) to:
(i) impersonate another person, living or dead (ii) post false, inaccurate or
misleading information, opinions or notices (commercial or otherwise) or chain
letters (iii) post advertisements, or solicitations of business (including, but
not limited to, email processors, any pyramid scheme or "club
membership") provided, however that Igottajob.com may allow posting of
certain training and business opportunities (see 14.1(e) below). (c) Your
Document(s) must contain sufficient detail to convey clearly to the User the
nature and requirements of the job opportunity, or, in the case of Users
seeking employment, your qualifications as a candidate for employment.
Documents that encourage the User to "email for more details" are not
permitted. (d) Job postings must describe individual openings for traditional
W-2 or 1099 employees. You may not advertise multiple job openings in a single
posting. (e) In limited circumstances, at Igottajob.com's sole discretion, Igottajob.com
allows non-traditional job postings such as education/training, business
opportunities, franchise, and multi-level marketing opportunities to be posted
on the Sites. These non-traditional job postings may require an investment of
time and/or money by the User seeking the position. Igottajob.com reserves the
right, in its sole discretion, to move, modify, or remove entirely a
non-traditional job posting if Igottajob.com deems such job posting to conflict
with the best interests of its Users or detract from the User experience. (f)
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. (g) Igottajob.com is under no obligation to monitor the Documents
posted on the Sites, but it may monitor Documents at random. Documents found to
violate the above Posting Rules may be removed at Igottajob.com's sole
discretion.
14.2 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 are
prohibited. (b) You may not send unsolicited commercial email to Users. (c)
Protect your password. Your Igottajob.com account and any related Services
accessed through such account are to be accessed and used solely by you. Upon
your successful registration for a Igottajob.com account, you will be provided
with a unique password that will permit you to access the account. You may not
provide your password or otherwise permit access to your Igottajob.com account
to any third party. You are responsible for maintaining the confidentiality of
your information and password. 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).You are responsible for all uses of your
account, whether or not authorized by you. If others use your password to post
inappropriate material on the Sites, you risk losing your access to the Sites.
You agree to notify Igottajob.com immediately of any unauthorized use of your
account or password. (d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or
entity. (f) If at any time Igottajob.com comes to the understanding that you:
(i) misled Igottajob.com regarding your business practices and/or services, or
(ii) purchased services that do not represent your precise business, Igottajob.com
reserves the right to terminate your Agreement.
14.3 Security Rules: (a) Users are prohibited from
violating or attempting to violate the security of the Sites, 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 Sites,
overloading, "flooding", "mail bombing" 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. (b) Violation of these
Security Rules may result in civil or criminal liability. Igottajob.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.
15. Copyright Complaints.
15.1 Igottajob.com respects the intellectual
property of others. It is Igottajob.com's policy to respond to claims of
copyright and other intellectual property infringement. Igottajob.com will
promptly process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying with the DMCA, Igottajob.com may act expeditiously
to remove or disable access to any material claimed to be infringing or claimed
to be the subject of infringing activity and may act expeditiously to remove or
disable access to any reference or link to material or activity that is claimed
to be infringing. Igottajob.com will terminate access for Users who are repeat
infringers.
15.2 Notifying Igottajob.com of Copyright
Infringement: To provide Igottajob.com notice of an infringement, you must
provide a written communication. Please also note that you may be liable for
damages (including costs and attorneys' fees) if you materially misrepresent
that an activity is infringing your copyright.
15.3 Providing Igottajob.com with
Counter-Notification: If we remove or disable access to content in response to
an infringement notice, we will make reasonable attempts to contact the owner
or administrator of the affected site or content. Please note that you may be
liable for damages (including costs and attorneys' fees) if you materially misrepresent
that an activity is not infringing the copyrights of others. If you are
uncertain whether an activity constitutes infringement, we recommended seeking
advice of an attorney. Please note that Sections 16 and 17 below contain terms
and conditions relating to specific Services (Resume Database and Workforce
Analytics) and you should review those Sections closely if you are purchasing
or using any of those specific Services.
16. Additional Terms in Connection with Use of
Resume Database. If, in your Service Activation Agreement with Igottajob.com,
you are purchasing Resume Database access, the following additional terms apply
to you:
16.1 Igottajob.com grants you a limited, personal,
terminable, non-transferable, non-exclusive right to access the Igottajob.com
Resume Database via the Sites for the purpose of viewing and/or downloading a
single copy of available paper and/or video resumes (collectively
"Resumes") solely for your use.
16.2 The Resume Database is to be accessed and
used solely by those Users whom you authorize to access the Resume Database
through your account (each an "Authorized RDB User"). Each Authorized
RDB User will be issued a unique Resume Database Seat (a "Seat")
through which they can perform the actions described in 16.1. Each Seat must be
purchased in advance by you and may be accessed by using unique login
credentials. You are only permitted to assign one Seat per Authorized RDB User
and Authorized RDB Users may not share their login credentials or Seat access
amongst themselves, with any other co-workers or with any other third parties.
16.3 Authorized RDB Users may download, one at a
time, up to either 50 Resumes per day (per Seat) or 3000 Resumes per month (per
Seat) depending on the Resume Database product purchased by you in accordance
with the terms of your 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.
16.4 Neither you nor your Authorized RDB Users may
use the Resume Database in any way which, in Igottajob.com's sole judgment,
adversely affects Igottajob.com's business, business prospects, the performance
or function of any Site or the Resume Database, or interferes with the ability
of other subscribers to access the Resume Database. Further, use of the Resume
Database by you or by your Authorized RDB Users may not interfere with or
violate, in any manner, the privacy election of Igottajob.com Job Seekers. You
understand and agree that any violation of section 16 will give Igottajob.com
the right to immediately terminate any and all access to the RDB and to
terminate any corresponding Agreements.
16.5 You and your Authorized RDB Users may use
your subscription to the Resume Database only for seeking candidates for
employment and are specifically prohibited from using information contained in
the Resume Database to (i) sell or promote any products or services, (ii) send
emails that, in Igottajob.com's sole judgment, are excessive in frequency or
are irrelevant to a particular Job Seeker or (iii) take any other action that
is, in Igottajob.com's sole judgment, inconsistent with these Terms and
Conditions, misleading or incomplete, or in violation of any Federal, State,
Local law, statute, code, rule, or regulation.
16.6 Igottajob.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 Igottajob.com Resume
Database, Igottajob.com does not convey any interest in or to the Resume
Database or any other Igottajob.com property or Services. All right, title and
interest in and to the Resume Database is and shall remain in Igottajob.com.
17. Additional Terms in Connection with Use of
Workforce Analytics Services. If, in your Service Activation Agreement with Igottajob.com,
you are purchasing any of our Workforce Analytics Services, the following
additional terms apply to you:
17.1 Use of Reports. Igottajob.com hereby grants
you a limited, non-exclusive, non-assignable (except as otherwise provided in
this Agreement), worldwide right and license to: (a) store and use any
Workforce Analytics Services for your internal management, reference or
informational purposes, and (b) distribute copies of any reports generated by
the Workforce Analytics Services (each a "Report"), subject to the
conditions that (i) such copies may be distributed only in printed or static
electronic PDF format, (ii) in providing a copy of any Report to a recipient,
you may not charge the recipient any kind of fee or other consideration, and
(iii) you shall not remove or modify any branding, marks, copyright or
trademark notices, or any other notices or disclaimers set forth in any Report
without Igottajob.com's prior written consent, or otherwise modify the Report
in any way so as to falsely or otherwise misrepresent its content. Further, you
may not issue press releases or make other public statements regarding any
Report, or the contents or conclusions in same, without the express written
consent of Igottajob.com.
17.2 Use of Your Data. If you have purchased
Workforce Analytics Services, then you may provide Igottajob.com with the
names, addresses, telephone numbers, e-mail addresses, resumes and other
personally identifiable information of Job Seekers sourced from your own files
("Job Seeker Data"). You hereby grant Igottajob.com a non-exclusive
license to use, copy, modify, store, transmit and display Job Seeker Data
solely to the extent reasonably required to provide and maintain the Services
for Company's use. Notwithstanding the foregoing, you understand and agree that
Igottajob.com may derive Aggregate Data from the Job Seeker Data and may use
such Aggregate Data in accordance with section 4.6.
About Us
Why Choose Us? We are a family owned and operated
business. When you call, you talk to a real person. Our company,Igottajob.com,
has been proudly serving
EVERYONE for 23 years. It is our MISSION to help
job seekers find the job of their dreams, in their
home area or nationwide. Web Sites and the
Services (as each are defined below) provided by Igottajob.com, LLC or one of
its divisions (collectively, "Igottajob.com"). If you do not accept
these Terms and Conditions or you do not meet or comply with their provisions,
you may not use the Igottajob.com Web Sites or Services. These Terms and
Conditions are effective as of February 13, 2015.
2. Binding Agreement.These Terms and Conditions
(as they may be amended from time to time by Igottajob.com), together with your
Service Activation Agreement (if applicable), form a binding agreement (the
"Agreement") between you and Igottajob.com. Your access to or use of
the Igottajob.com Web Sites or Services indicates your acceptance of these
Terms and Conditions. You are agreeing to use the Sites at your own risk.3. Certain
Definitions.\The following definitions apply to this Agreement:
3.1 "Igottajob.com Materials" includes
any materials, methodologies, implementation plans or other intellectual
property used during the provision of Services.
3.2 "Igottajob.com Web Site" or the
"Site" (collectively, the "Igottajob.com Websites" or the
"Sites") means any web site under Igottajob.com's control, whether
partial or otherwise and includes such Site's Content, Text, Graphics, Design,
Programming, Igottajob.com Materials and Services (as applicable in each
context).
3.3 "Content" includes all Text,
Graphics, Design and Programming used on the Sites.
3.4 "Design" includes the color
combinations and the page layout of the Sites. "Programming" includes
both client-side code (HTML, JavaScript, etc.) and server-side code (Active
Server Pages, VBScript, databases, etc.) used on the Sites.
3.5 "Document" refers to any posting to
a Site, whether job or resume.
3.6 "Employer" means a person or entity
that is accessing a Site to post a job or utilizing the Services for any reason
related to the purpose of seeking candidates for employment.
3.7 "Employer Materials" includes any
brochures, emails, sample job postings, web site content, career fair material,
audio, videos, photographs, logos, trademarks, service marks, domain names,
documents or other materials provided by Employer, if any, for use in
connection with the Services.
3.8 "Graphics" includes all logos,
buttons, and other graphical elements on the Sites, with the exception of paid
advertising banners.
3.9 "Job Seeker" means a User who is
accessing a Site to search for a job or in any other capacity except as an
Employer.
3.10 "Services" means any services
provided by Igottajob.com or its agents described herein and specified more
fully in the Service Activation Agreement.
3.11 "Text" includes all text on every
page of the Sites, whether editorial, navigational, or instructional.
3.12 "User" refers to any individual or
entity that uses any aspect of the Sites.
3.13 "You" or "you" means the
person who (or the entity on behalf of whom you are acting) that is agreeing to
these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use
of the Sites and Services.
4.1 General Use Rules. The Sites are intended for
individuals seeking employment and for employers or recruiters seeking
candidates for employment. You may use the Sites only for lawful purposes
within the stated context of Igottajob.com's intended and acceptable use of the
Sites. Igottajob.com is the sole interpreter of the Sites' intended and
acceptable use.
4.2 Igottajob.com Intellectual Property Rights.
The Sites, the Igottajob.com Materials and all right, title and interest in and
to the Sites and Igottajob.com Materials are the sole property of Igottajob.com
or its licensors, and are protected by United States and foreign copyright,
trademark and other laws. Except for the limited licenses expressly granted to
you in these Terms and Conditions, Igottajob.com reserves for itself and its
licensors all other rights, title and interest. Without limitation on the
foregoing, you may not reproduce, modify, display, sell, or distribute the
Content or Igottajob.com Materials, or use them in any other way for public or
commercial purpose. Notwithstanding anything to the contrary contained herein,
this prohibition includes: (a) copying or adapting the HTML code used to
generate web pages on the Sites (b) using or attempting to use engines, manual
or automated software, tools, devices, agents, scripts, robots or other means,
devices, mechanisms or processes (including, but not limited to, browsers,
spiders, robots, avatars or intelligent agents) to navigate, search, access,
"scrape," "crawl," or "spider" any web pages or
any Services provided on the Sites other than the search engine and search
agents available from Igottajob.com on such Igottajob.com Sites and other than
generally available third party web browsers (e.g., Internet Explorer, Firefox,
Safari) and (c) aggregating, copying or duplicating in any manner any of the
Content or information available from any of the Igottajob.com Sites, without
the express written consent of Igottajob.com. The use of the Content on any
other web site or in a networked computer environment for any purpose is
strictly prohibited. The Igottajob.com Materials are not considered to be works
for hire and you may duplicate such Igottajob.com Materials only for the
purposes outlined in the Service Activation Agreement. "Igottajob.com,"
"Personified", the Igottajob.com design logo and certain other names
or logos are service marks or trademarks of Igottajob.com, and all related
product and service names, design marks and slogans are the service marks or
trademarks of Igottajob.com. In addition, the "look" and
"feel" of the Sites (including color combinations, button shapes,
layout, design and all other graphical elements) are also protected by Igottajob.com's
trademarks, service marks and copyrights. Any code that Igottajob.com creates
to generate or display the Content or the pages making up the Sites is also
protected by Igottajob.com's copyright. You must retain all copyright,
trademarks, service mark and other proprietary notices contained on the Content
or Igottajob.com Materials on any authorized copy you make of the Content or Igottajob.com
Materials. All other product and service marks contained on the Sites are the
trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. Igottajob.com
hereby grants you a limited, terminable, non-exclusive right to access and use
the Sites 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 Sites solely for your personal, noncommercial use. You agree
that you are solely responsible for the content of any Document you post to a
Site and any consequences arising from such posting. Your use of the Sites is a
privilege. Igottajob.com reserves the right to suspend or terminate that
privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. Igottajob.com
hereby grants you a limited, terminable, non-exclusive right to access and use
the Sites 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
Sites solely for your personal use directly related to searching for and
recruiting job prospects. Igottajob.com also grants you a limited, terminable,
non-exclusive license to use the Igottajob.com Materials and Services for your
internal use only. You may not sell, transfer or assign any of the Services or
your rights to any of the Services provided by Igottajob.com to any third party
without the express written authorization of Igottajob.com. You agree that you
are solely responsible for the content of any Document you post to a Site and
any consequences arising from such posting. Igottajob.com reserves the right to
suspend or terminate your access and use at any time if Igottajob.com
determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents
warrants and covenants that any Employer Materials provided by Employer for use
in connection with the Services will not violate any laws or regulations or
third-party proprietary rights, including, without limitation, copyright,
trademark, obscenity, rights of publicity or privacy, and defamation laws.
Employer hereby grants Igottajob.com a non-exclusive, worldwide, royalty-free
license to use the Employer Materials and to hyperlink to Employer's website in
connection with the Services.
4.6 Use of Aggregate Data. You understand and
agree that Igottajob.com owns and has the right to collect, extract, compile,
synthesize, and analyze Aggregate Data. Igottajob.com may use such Aggregate
Data for any lawful business purpose without a duty of accounting to you,
provided that the data and information is used only in an aggregated and
anonymized form so that it cannot be identifiable as relating to you, your
Company or to any other Job Seekers. "Aggregate Data" means
de-identified aggregated data or information regarding Job Seekers' educational
or career history (including, by way of example and not limitation, aggregate
data relating to Job Seekers' occupation, location, salary, education and
experience).
4.7 Other Specific Rules Regarding Site Usage. You
represent, warrant and agree that you (a) are at least 13 years of age or
older, and if under the age of 18 or the age of majority as that is defined in
your jurisdiction, you will only use the Sites and Services under the
supervision of a parent, legal guardian, or other responsible adult and (b)
will not use (or plan, encourage or help others to use) the Sites 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 Sites
complies with these Terms and Conditions and all applicable laws. 4.8 User
Submissions. Igottajob.com welcomes your comments regarding the Services and
the Sites and appreciates hearing from you. Please note, however, that Igottajob.com
does not accept or consider creative ideas, suggestions, inventions or
materials other than those which it has specifically requested. If you submit
feedback on the Services, please be specific in your comments and do not submit
creative ideas, inventions, suggestions, or materials. If, despite this notice,
you send Igottajob.com creative suggestions, ideas, drawings, concepts,
inventions, or other information (a "User Submission"), you
understand and agree that the User Submission shall become the property of Igottajob.com.
User Submission and any elements contained in User Submissions shall not be
subject to any obligation of confidentiality on Igottajob.com's part, and Igottajob.com
will not be liable for any use or disclosure of any User Submission. Igottajob.com
shall exclusively own all now known or later discovered rights to the User
Submission and shall be entitled to unrestricted use of the User Submission for
any purpose whatsoever, commercial or otherwise, without compensation to you or
any other person.
5. Third Party Providers. You acknowledge and
agree that Igottajob.com may provide the Services using third party providers,
including subcontractors and consultants (the "Third Party
Providers"). You agree that, as between Igottajob.com and its Third Party
Providers, Igottajob.com will have sole responsibility for handling all billing
and contract negotiations.
6. Disclaimers and Limitations on Igottajob.com's
Liability.
6.1 Allocation of Responsibility Igottajob.com
assumes no responsibility for Documents posted by Users and no responsibility
for the activities, omissions or other conduct of Users. Igottajob.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 these
Terms and Conditions, Igottajob.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. Igottajob.com has no liability or responsibility
to Users for performance or nonperformance of such activities. Igottajob.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 Igottajob.com. Nothing on
the Sites 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 WARRANTY DISCLAIMERS. (a) THE SITES ARE
PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED. IGOTTAJOB.COM, 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 A PARTICULAR
PURPOSE. IGOTTAJOB.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE SITES. (b) WITHOUT LIMITATION ON THE
FOREGOING: (i) IGOTTAJOB.COM DOES NOT WARRANT THAT THE SITES WILL OPERATE
ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR
INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, IGOTTAJOB.COM
IS NOT RESPONSIBLE FOR THOSE COSTS. (ii) Igottajob.com makes no representations
or guarantees regarding the truthfulness, accuracy, LEGALITY, 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) Igottajob.com makes no representations or guarantees regarding the
Content of the SiteS, including, but not limited to, broken links, inaccuracies
or typographical errors. (iv) IGOTTAJOB.COM MAKES NO REPRESENTATIONS OR
GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE
SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. IGOTTAJOB.COM DOES NOT
GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS
BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR
ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON
MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY
AND EQUITABLE RELIEF. (a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS
THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES. (b)
IN NO EVENT SHALL IGOTTAJOB.COM (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, 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 SERVICES OR THE USE OR ACCESS TO,
OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IGOTTAJOB.COM
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF 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 IGOTTAJOB.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 IGOTTAJOB.COM (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, 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 IGOTTAJOB.COM, THE AMOUNTS
ACTUALLY PAID BY YOU TO IGOTTAJOB.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 Igottajob.com will be entitled to equitable relief upon
a breach of this agreement by you.
6.5 User Authentication. Because User
authentication on the Internet is difficult, Igottajob.com cannot and does not
confirm that each User is who they claim to be. Because Igottajob.com does not
and cannot be involved in User-to-User dealings or control the behavior of
participants on the Sites, in the event that you have a dispute with one or
more Users, you release Igottajob.com from claims, demands and damages (actual
and consequential and 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.
6.6 California Residents. If you are a California
resident, you waive California Civil Code Section 1542, which says: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release,
which if known by him or her must have materially affected his or her
settlement with the debtor."
7. Payment of Services upon Termination of Service
Activation Agreement. If at any time during the course of this Agreement you
should terminate a Service Activation Agreement or any other services Agreement
in which these Terms and Conditions have been incorporated by reference, then Igottajob.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. Igottajob.com contains
links to third party web sites. These links are provided solely as a
convenience to you and not as an endorsement by Igottajob.com of the contents
on such third-party web sites. Igottajob.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
Sites. Igottajob.com may revise these Terms and Conditions at any time by
updating this page. Changes will be binding on you on the date they are posted
on the Sites (or as otherwise stated in the any notice of such changes). Any
use of a Site will be considered acceptance by you of the then-current Terms
and Conditions (including any exhibits thereto) contained on such Site. If at
any time you find the Terms and Conditions unacceptable, you may not use the
applicable Site any longer. Any new or different terms supplied by you are
specifically rejected by Igottajob.com unless Igottajob.com agrees to them in a
signed writing specifically including those new or different terms. Igottajob.com
may change the Sites at any time.
10. Indemnity. You agree to defend, indemnify, and
hold harmless Igottajob.com (and its subsidiaries, affiliates, 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 Sites, any Document posted by you, your use of the Services or
your breach of this Agreement. Igottajob.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 and Privacy Policy.
11.1 When you register on any of the Igottajob.com
Sites or in connection with the Services, you will be asked to create an
account and provide Igottajob.com with certain information, including but not
limited to, a valid email address ("User Information"). You
acknowledge and agree that you have no ownership rights in your account.
11.2 All User Information will be used in
accordance with the terms of Igottajob.com's Privacy Policy. Please note, as
set forth in the Privacy Policy, that Igottajob.com may collect certain User
Information and may contact Users periodically in accordance with the terms of
the Privacy Policy. In addition, Igottajob.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 User Information. In addition,
third parties may retain cached copies of User Information.
12. Questions and Notices. Questions concerning
the use of the Sites should be directed to Feedback. Notices to Igottajob.com
should be sent to the address listed on the Sites. We will send notice to you
at the address submitted by you or to such other address as Igottajob.com
reasonably determines is an appropriate address for you.
13. General. Igottajob.com contact information is
listed on the Sites. Igottajob.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 Sites. If you access Igottajob.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 Activation Agreement, if you have one, are governed by the
internal substantive laws of the State of Illinois, without respect to its
conflict of laws principles. Jurisdiction for any claims arising under this
Agreement or your Service Activation Agreement shall lie exclusively with the
state or federal courts in the State of Illinois. The sole relationship between
you and Igottajob.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 Sites, 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 Igottajob.com in a particular
"Legal Notice," or material on particular web pages of the Sites, this
Agreement and your Service Activation Agreement where applicable, constitute
the entire agreement between you and Igottajob.com.
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The
list of rules is for illustration only and is not a complete list of all
posting, conduct and security rules.
14.1 Posting Rules: (a) You may not post any
Document to a Site that contains: (i) URLs or links to web sites other than to
recruitment related pages on your company web site (to advertise your company
or web site, see our Advertising Info page.) (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) irrelevant 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 a Document(s) to: (i)
impersonate another person, living or dead (ii) post false, inaccurate or
misleading information, opinions or notices (commercial or otherwise) or chain
letters (iii) post advertisements, or solicitations of business (including, but
not limited to, email processors, any pyramid scheme or "club
membership") provided, however that Igottajob.com may allow posting of
certain training and business opportunities (see 14.1(e) below). (c) Your
Document(s) must contain sufficient detail to convey clearly to the User the
nature and requirements of the job opportunity, or, in the case of Users
seeking employment, your qualifications as a candidate for employment.
Documents that encourage the User to "email for more details" are not
permitted. (d) Job postings must describe individual openings for traditional
W-2 or 1099 employees. You may not advertise multiple job openings in a single
posting. (e) In limited circumstances, at Igottajob.com's sole discretion, Igottajob.com
allows non-traditional job postings such as education/training, business
opportunities, franchise, and multi-level marketing opportunities to be posted
on the Sites. These non-traditional job postings may require an investment of
time and/or money by the User seeking the position. Igottajob.com reserves the
right, in its sole discretion, to move, modify, or remove entirely a
non-traditional job posting if Igottajob.com deems such job posting to conflict
with the best interests of its Users or detract from the User experience. (f)
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.
(g) Igottajob.com is under no obligation to monitor the Documents posted on the
Sites, but it may monitor Documents at random. Documents found to violate the
above Posting Rules may be removed at Igottajob.com's sole discretion.
14.2 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 are
prohibited. (b) You may not send unsolicited commercial email to Users. (c)
Protect your password. Your Igottajob.com account and any related Services
accessed through such account are to be accessed and used solely by you. Upon your
successful registration for a Igottajob.com account, you will be provided with
a unique password that will permit you to access the account. You may not
provide your password or otherwise permit access to your Igottajob.com account
to any third party. You are responsible for maintaining the confidentiality of
your information and password. 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).You are responsible for all uses of your
account, whether or not authorized by you. If others use your password to post
inappropriate material on the Sites, you risk losing your access to the Sites.
You agree to notify Igottajob.com immediately of any unauthorized use of your
account or password. (d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or
entity. (f) If at any time Igottajob.com comes to the understanding that you:
(i) misled Igottajob.com regarding your business practices and/or services, or
(ii) purchased services that do not represent your precise business, Igottajob.com
reserves the right to terminate your Agreement.
14.3 Security Rules: (a) Users are prohibited from
violating or attempting to violate the security of the Sites, 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 Sites,
overloading, "flooding", "mail bombing" 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. (b)
Violation of these Security Rules may result in civil or criminal liability. Igottajob.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.
15. Copyright Complaints.
15.1 Igottajob.com respects the intellectual
property of others. It is Igottajob.com's policy to respond to claims of
copyright and other intellectual property infringement. Igottajob.com will
promptly process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act
("DMCA") and other applicable intellectual property laws. Upon
receipt of notices complying with the DMCA, Igottajob.com may act expeditiously
to remove or disable access to any material claimed to be infringing or claimed
to be the subject of infringing activity and may act expeditiously to remove or
disable access to any reference or link to material or activity that is claimed
to be infringing. Igottajob.com will terminate access for Users who are repeat
infringers.
15.2 Notifying Igottajob.com of Copyright
Infringement: To provide Igottajob.com notice of an infringement, you must
provide a written communication. Please also note that you may be liable for
damages (including costs and attorneys' fees) if you materially misrepresent
that an activity is infringing your copyright.
15.3 Providing Igottajob.com with
Counter-Notification: If we remove or disable access to content in response to
an infringement notice, we will make reasonable attempts to contact the owner
or administrator of the affected site or content. Please note that you may be
liable for damages (including costs and attorneys' fees) if you materially
misrepresent that an activity is not infringing the copyrights of others. If
you are uncertain whether an activity constitutes infringement, we recommended
seeking advice of an attorney. Please note that Sections 16 and 17 below
contain terms and conditions relating to specific Services (Resume Database and
Workforce Analytics) and you should review those Sections closely if you are
purchasing or using any of those specific Services.
16. Additional Terms in Connection with Use of
Resume Database. If, in your Service Activation Agreement with Igottajob.com,
you are purchasing Resume Database access, the following additional terms apply
to you:
16.1 Igottajob.com grants you a limited, personal,
terminable, non-transferable, non-exclusive right to access the Igottajob.com Resume
Database via the Sites for the purpose of viewing and/or downloading a single
copy of available paper and/or video resumes (collectively "Resumes")
solely for your use.
16.2 The Resume Database is to be accessed and
used solely by those Users whom you authorize to access the Resume Database
through your account (each an "Authorized RDB User"). Each Authorized
RDB User will be issued a unique Resume Database Seat (a "Seat")
through which they can perform the actions described in 16.1. Each Seat must be
purchased in advance by you and may be accessed by using unique login
credentials. You are only permitted to assign one Seat per Authorized RDB User
and Authorized RDB Users may not share their login credentials or Seat access
amongst themselves, with any other co-workers or with any other third parties.
16.3 Authorized RDB Users may download, one at a
time, up to either 50 Resumes per day (per Seat) or 3000 Resumes per month (per
Seat) depending on the Resume Database product purchased by you in accordance
with the terms of your 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.
16.4 Neither you nor your Authorized RDB Users may
use the Resume Database in any way which, in Igottajob.com's sole judgment, adversely
affects Igottajob.com's business, business prospects, the performance or
function of any Site or the Resume Database, or interferes with the ability of
other subscribers to access the Resume Database. Further, use of the Resume
Database by you or by your Authorized RDB Users may not interfere with or
violate, in any manner, the privacy election of Igottajob.com Job Seekers. You
understand and agree that any violation of section 16 will give Igottajob.com
the right to immediately terminate any and all access to the RDB and to
terminate any corresponding Agreements.
16.5 You and your Authorized RDB Users may use
your subscription to the Resume Database only for seeking candidates for
employment and are specifically prohibited from using information contained in
the Resume Database to (i) sell or promote any products or services, (ii) send
emails that, in Igottajob.com's sole judgment, are excessive in frequency or
are irrelevant to a particular Job Seeker or (iii) take any other action that
is, in Igottajob.com's sole judgment, inconsistent with these Terms and
Conditions, misleading or incomplete, or in violation of any Federal, State,
Local law, statute, code, rule, or regulation.
16.6 Igottajob.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 Igottajob.com Resume
Database, Igottajob.com does not convey any interest in or to the Resume
Database or any other Igottajob.com property or Services. All right, title and
interest in and to the Resume Database is and shall remain in Igottajob.com.
17. Additional Terms in Connection with Use of
Workforce Analytics Services. If, in your Service Activation Agreement with Igottajob.com,
you are purchasing any of our Workforce Analytics Services, the following
additional terms apply to you:
17.1 Use of Reports. Igottajob.com hereby grants
you a limited, non-exclusive, non-assignable (except as otherwise provided in
this Agreement), worldwide right and license to: (a) store and use any
Workforce Analytics Services for your internal management, reference or
informational purposes, and (b) distribute copies of any reports generated by
the Workforce Analytics Services (each a "Report"), subject to the
conditions that (i) such copies may be distributed only in printed or static
electronic PDF format, (ii) in providing a copy of any Report to a recipient, you
may not charge the recipient any kind of fee or other consideration, and (iii)
you shall not remove or modify any branding, marks, copyright or trademark
notices, or any other notices or disclaimers set forth in any Report without Igottajob.com's
prior written consent, or otherwise modify the Report in any way so as to
falsely or otherwise misrepresent its content. Further, you may not issue press
releases or make other public statements regarding any Report, or the contents
or conclusions in same, without the express written consent of Igottajob.com.
17.2 Use of Your Data. If you have purchased
Workforce Analytics Services, then you may provide Igottajob.com with the
names, addresses, telephone numbers, e-mail addresses, resumes and other
personally identifiable information of Job Seekers sourced from your own files
("Job Seeker Data"). You hereby grant Igottajob.com a non-exclusive
license to use, copy, modify, store, transmit and display Job Seeker Data
solely to the extent reasonably required to provide and maintain the Services
for Company's use. Notwithstanding the foregoing, you understand and agree that
Igottajob.com may derive Aggregate Data from the Job Seeker Data and may use
such Aggregate Data in accordance with section 4.6.
