USER
AGREEMENT
PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE
BY CLICKING THE "I Agree" BUTTON AT THE BOTTOM OF
THIS WEB PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE
BOUND BY THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO
AFTER THIS DATE.
The stlouisbestjobs.com system
is offered to you, the user, conditioned upon your acceptance
without modification of the terms and conditions contained herein.
Any and all rights not expressly granted in these terms and
conditions are reserved by stlouisbestjobs.com.
stlouisbestjobs.com reserves the right to change
the Terms of this User Agreement, at its sole discretion, at
any time and from time-to-time. Your use of the System means
that you have read these terms and agree to them. For further
information relating to the legal issues raised by these terms
or to report problems regarding this service, please e-mail
us at stlbj@aaimstl.org.
Definitions
The following defined terms shall apply throughout this Agreement:
"Company" means and refers to BESTJOBS.COM, L.L.C.,
the entity which owns and operates this Web Site.
"Web Site" means and refers to the web site located
at www.stlouisbestjobs.com , and includes the
entire web site.
"System" means and refers to all information, text
and visual images, software, and products and services used
or available on the Web Site.
"Terms" means and refers to the terms and conditions
of this User Agreement, as it exists now, or as it may change
from time-to-time.
"User(s)" means and refers to those persons or entities
who utilize the Web Site.
General: Trademarks, Copyrights, etc.
The Company is the owner of all intellectual property rights
(including trademarks and copyrights) in the System. Material
published by the Company on this System may contain other proprietary
notices or describe products, services, processes or technologies
owned by the Company or third parties. Nothing in these Terms
or in the System shall be construed as granting to you a license
under any copyright, trademark, patent or other intellectual
property right of the Company or any third party, except as
expressly set forth herein.
The deletion or alteration of any copyright or other proprietary
notices from the System is strictly forbidden. "stlouisbestjobs.com,"
"Resumail Resume," "Resume Recruiter", "Quick
Post" and certain other names or logos are trademarks of
the Company, and all related product and service names, design
marks and slogans are the trademarks or service marks of the
Company. All other product and service marks contained herein
are the trademarks of their respective owners. All aspects of
the Web Site (including, but not limited to, color combinations,
button shapes, layout, design and all other graphical elements)
are also the Company's trademarks or copyrights. All editorial
content and graphics on this site, as well as the HTML, Java,
XML based computer programs used to generate pages, and the
Web Site are protected by U.S. copyright laws and international
treaties and may not be copied without the express written permission
of the Company, which reserves all rights. Re-use of any of
the Company's editorial content and graphics for any purpose
is strictly prohibited without the Company's prior written permission.
Please direct any requests for permission to: stlbj@aaimstl.org
Please be aware that the information, software, products and
services published on this System may include inaccuracies,
typographical errors or out-of-date information. Changes are
made and items added to the System and the information on it
from time-to-time. The Company may make such changes or additions
at any time at its sole discretion.
Other Parties.
This System may contain hyperlinks or other connections
to web sites operated by parties other than the Company, including
but not limited to those of the Company's Member companies and
agencies or its advertisers (individually or collectively, as
the case may be, "Members"). The Company does not
control these web sites and is not responsible for them, including
their availability, content or any viruses accessed through
them. The Company's inclusion of hyperlinks or other connections
to such web sites does not imply any endorsement of the material
on them or any association with their owners or operators. The
Company takes no responsibility whatsoever for the activities
of job applicants or Members or Members' respective hiring,
recruiting or other practices (or any of the information posted
or downloaded by them on the System). Nothing on the System
shall be deemed to be an endorsement, representation or warranty
with respect to any Member, applicant or other third party,
whether in regard to its web site, products, services or otherwise.
Your Use; Limited License.
The System is for your personal and noncommercial
use. Except as otherwise expressly provided, you may not modify,
copy, distribute, transmit, display, perform, reproduce, use,
publish, license, create derivative works from, transfer or
sell any information or content contained in the System, the
Web Site as a whole, software, products or services obtained
from or available as part of or in conjunction with this System.
You are granted a non-exclusive, non-assignable and non-transferable
license to use the System only under these terms and conditions.
This license is not a sale of any of the Company's rights. The
System may be used only by you, and you may not rent, lease,
lend, sub-license or transfer the System or any data residing
on it or any of your rights under this agreement to anyone else.
You may not develop or derive for commercial sale any data in
machine-readable or other form that incorporates or uses any
part of the System. You may not transfer to or store any data
residing or exchanged over the System in any electronic network
for use by more than one user unless you obtain prior written
permission from the Company.
Your Responsibilities
The Web Site may be used only for lawful purposes
by individuals seeking employment and employers seeking employees.
As one of the conditions of your use of the System, you represent,
warrant and agree that you will not use (or plan, encourage
or help others to use) the System for any purpose or in any
manner that is prohibited by the Terms, or by applicable law
(including but not limited to any applicable export controls).
It is YOUR RESPONSIBILITY to ensure that your use of the System
complies with the Terms and applicable law, and to seek prior
written permission from the Company for any uses not permitted
or not expressly specified herein.
In connection with your use of our System, you agree you will
not:
1. Transmit any message, information, data, text, software or
images, or other materials ("Content") that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, hateful, or racially or ethnically
or otherwise objectionable;
2. Impersonate any person or entity including but not limited
to, an official of the Company, forum leader, guide or host
or falsely state or otherwise misrepresent your affiliation
with a person or entity; (the Company reserves the right to
restrict access to only qualified job seekers and/or employers);
3. Post or transmit any Content that you do not have a right
to reproduce, display or transmit under any law or under contractual
or fiduciary relationships (such as nondisclosure agreements);
4. Post or transmit any Content that contains a virus or corrupted
data;
5. Delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication
feature;
6. Use the Web Site's communication features in a manner that
adversely affects the availability of its resources to other
users (e.g., excessive shouting, use of all caps, or flooding
continuous posting of repetitive text);
7. Post or transmit any unsolicited advertising, promotional
materials, "chain letters", "spam", "junk
mail", "pyramid schemes" or any other form of
solicitation or any non-resume information such as opinions
or notices, commercial or otherwise;
8. Violate any applicable local, state, national or international
law;
9. Upload or transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
10. Post any incomplete, false or inaccurate resume information
or information which is not your own accurate resume (individual
seeking employment on a full-time or part-time basis on his
or her own behalf);
11. Respond to any employment opportunity on the System for
any reason other than to apply for the job. Communications soliciting
the employer's business by our competitors are prohibited;
12. Post to the System any franchise, pyramid scheme, "club
membership", distributorship or sales representative agency
arrangement or other business opportunity which requires an
up front or periodic payment, pays commissions only (no significant
salary), requires recruitment of other members, sub-distributors
or sub-agents;
13. Delete or revise any material posted by any other person
or entity; and
14. Print out or otherwise copy or use any personally identifiable
information about employees or business information about employers.
Unsolicited e-mail, telephone calls, mailings or other contacts
to posting individuals and companies are prohibited.
Web Site Security Rules
Users are prohibited from violating or attempting to violate
the security of the Web Site, including, without limitation,
(1) accessing data not available to such user or logging into
a server or account which such user is not authorized to access,
(2) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
without proper authorization, (3) attempting to interfere with
service to any user, host or network, including, without limitation,
via means of "overloading", "mailbombing",
"crashing", or "flooding" or (4) sending
any unsolicited e-mail, or (5) 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. The Company will investigate
violations of these security rules, and may cooperate with law
enforcement authorities in prosecuting users who violate these
security rules.
Your Grants.
By submitting (e.g., uploading) Content to the System, you automatically
grant the Company the royalty-free, perpetual, irrevocable,
non-exclusive, transferable right and license to use, reproduce,
modify (to comport with the System), adapt, publish, distribute,
translate, create derivative works from, distribute, perform
and display such Content (in whole or part) on the Web Site
or to incorporate it in other works in any form, without restriction
or compensation. In addition, you warrant and represent that
all rights of all persons in the Content have been waived. The
Company and its designees shall have the right, but not the
obligation, in their sole discretion to edit, refuse to post,
or remove any Content posted on the System. Without limiting
the foregoing, the Company and its designees shall have the
right to remove any Content that violates these Terms or is
otherwise objectionable. You agree to indemnify and hold the
Company harmless from any third party claim, damages or demand,
including reasonable attorneys' fees, relating to or arising
out of your violation of these Terms, your representations and
warranties, or your violation of any rights of another party.
Monitoring, etc.
The Company is under no obligation to monitor the information
residing on or transmitted via this System. The Company is not
responsible for any errors or inaccuracies or objectionable
material posted on the Web Site. However, you agree that the
Company may monitor the Content to (a) comply with any applicable
laws, regulations or other governmental requests; (b) to operate
the System properly or to protect itself and its users and Members;
and (c) for such other purposes as it may deem reasonably necessary
or appropriate from time-to-time. The Company reserves the right
to modify, reject or eliminate any information residing on or
transmitted to its System that the Company, in its sole discretion,
believes is unacceptable or in violation of these terms and
conditions.
The Company's Liability
The Web Site is merely a forum for employers to present job
opportunities and potential employees to post resumes and neither
screens nor censors the listings offered. The Company is not
involved in the actual transaction between potential employers
and employees. The Company does not control the quality, safety
or legality of the jobs or resumes posted, the truth or accuracy
of the resumes or job listings, the ability of employers to
offer job opportunities to employees or the ability of potential
employees to fill job openings. In addition, there are risks,
including but not limited to the risk of bodily harm, of dealing
with strangers or people acting under false pretenses. By accepting
these Terms, you assume all risks associated with dealing with
other users of the Web Site.
The Company does not authenticate the identity of the Users.
In the event that you have a dispute with one or more Users,
you release the Company (and our agents, officers, and employees)
from any and all claims, costs, demands and damages of every
kind and nature, in tort and in contract, known and unknown,
disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive
California Civil Code d1542, which states: "A general release
does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement
with the debtor."
You acknowledge and agree that you are solely responsible for
the form, content and accuracy of any material placed by you
on the Web Site. The Company is an employer with respect to
your use of the Web Site and the Company is not responsible
for any employment decisions made by any entity posting job
opportunities on the Web Site.
Disclaimers
The services provided by the Company are provided AS IS, WITHOUT
WARRANTY OF ANY KIND TO THE USERS OR ANY THIRD PARTY, INCLUDING,
BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1)
MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT
TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT;
7) QUIET ENJOYMENT; AND 8) TITLE. USER AGREES THAT ANY EFFORTS
BY THE COMPANY TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE
DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY COMPANY WARRANTIES
SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
USER FURTHER AGREES THAT COMPANY SHALL NOT BE LIABLE TO USER
OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION
OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE,
EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR WAS GROSSLY NEGLIGENT. Some jurisdictions do not permit the
exclusion or limitation of liability for consequential or incidental
damages, and, as such, some portion of the above limitation
may not apply to User. In such jurisdictions, the Company's
liability is limited to the greatest extent permitted by law.
Limitation of Liability
The total liability of the Company to you for all claims arising
from the use of the Web Site is limited to $100.
Termination
The Company reserves the right, at any time, to pursue all of
its legal remedies, including but not limited to deletion of
your postings from the Web Site and immediate termination of
your ability to access the Web Site and/or any other service
provided to you by the Company, upon any breach by you of these
Terms or if the Company is unable to verify or authenticate
any information you submit to the Web Site.
Choice of Law
This Agreement shall be construed and controlled by the laws
of the State of Missouri. Any dispute concerning or breach of
the terms of this Agreement will be governed by the laws of
the State of Missouri.
Entire Agreement
This Agreement supersedes any and all other agreements, either
oral or in writing, between the parties with respect to the
matters stated herein, and this Agreement contains all of the
covenants and agreements between the parties with respect thereto.
This Agreement may be amended or modified only in writing, and
shall be effective only after affixation of both parties' signatures.
Indemnification
You agree to defend, indemnify, and hold harmless the Company,
its officers, directors, employees and agents, from and against
any claims, costs, actions or demands, known or unknown, in
tort or in contract, including without limitation all reasonable
attorney and accounting fees, resulting from your use of the
Web Site, or your breach of these Terms. The Company shall provide
notice to you promptly of any such claim, suit, or proceeding.