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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.

 

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