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This document sets out the General terms and Conditions governing usage of the LocalJobseek.com
WHEREAS your company ("You" or "Your") desires to purchase, and LocalJobseek.com, ("LocalJobseek") desires to provide to You, subject to the terms and conditions set forth herein, certain job posting and/or resume viewing services (the "Services") on the localjobseek.com Website;
THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You and LocalJobseek agree to the following terms and conditions which shall apply to Your use of the Services and to any content submitted by You hereunder (the "Materials").
General Requirements Concerning the Job Posting Advertisements ("Ads") or Resume Listing Enhancements Submitted by You:
After you have confirmed Your purchase, You will receive an Order Confirmation of Your purchase (the "Order Confirmation"). The Order Confirmation will set forth, among other things, listing enhancement information, and/or the number of job credits purchased, the duration of the Ad (i.e. the maximum number of days the Ad will appear on the LocalJobseek Website), the Credit Expiration Date (i.e. the date by which You must use the job credits), and the location(s) in which You may post Your Ads.
You acknowledge acceptance of the fee(s) set forth on the LocalJobseek Website for the Services purchased hereunder.
You will use resumes submitted in response to Your Ads for Your recruiting purposes only, and You will not share them with any person not employed by You for any purpose. In preparing and submitting Materials and using the Services, You will abide by all applicable laws, rules and regulations, including privacy and equal opportunity laws, and You will not use the Services (including the LocalJobseek Website) to commit a crime, solicit, discriminate, libel, slander, obscenity, indecency, intellectual property infringement, to violate the rights of any third party or to plan, encourage or help others to do so.
If You breach any provision of this Agreement, LocalJobseek may suspend or terminate Your Services or remove all or part of the Materials without refund. While LocalJobseek assumes no, and hereby disclaims any and all, responsibility whatsoever for the content of Your Ads and the Materials, LocalJobseek reserves the right to reject any Ad and/or Materials in its sole discretion.
You hereby grant LocalJobseek and its designees a non-exclusive, worldwide, transferable, right and license to use, reproduce, feature, distribute, perform and display the Materials (or any portions thereof) and to use Your name and logo in connection with such Materials.
LocalJobseek will not be liable to You (nor to any person claiming rights derived from Your rights) for any failure to make available or to provide access to either the Materials or any Services due to technological failures or any cause outside the control of LocalJobseek and/or its designees. LocalJobseek hereby disclaims any liability with respect to, and You agree that You shall have absolutely no recourse against LocalJobseek or its designees for, any alleged or actual infringement of Your proprietary and/or intellectual property rights by third parties or for loss or harm due to the unauthorized use of Your postings by third parties, including, without limitation, unauthorized reproduction or tampering by network "hackers" or data harvesters.
The contents of the LocalJobseek Website (including, without limitation all job postings and all resumes), and all elements which are a part thereof, and all intellectual property and other proprietary rights therein, are and shall remain at all times the property of LocalJobseek or its licensors, provided that any Materials placed on the LocalJobseek Website by You hereunder shall remain Your property.
You agree to indemnify and hold harmless LocalJobseek, its successors, officers, directors, employees, designees and agents from and against any and all claims, actions, demands, costs, liabilities and expenses (including reasonable legal and accounting fees) arising or resulting from the Materials, Your use of the Services or Your violation (or alleged violation) of Your obligations hereunder.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER YOUR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. IN ANY EVENT, EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS, EACH PARTY'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO LOCALJOBSEEK HEREUNDER.
THE LOCALJOBSEEK WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND LocalJobseek MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR OTHERWISE WITH RESPECT TO ITS SERVICES OR THE LocalJobseek WEBSITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.
Notwithstanding anything to the contrary contained herein, Your use of the LocalJobseek Website is expressly limited to recruiting employees for You and is subject to the Terms of Service and Guidelines incorporated by reference into this Agreement) (the "Terms").
This Agreement (a) shall be governed by the laws of the State of California (other than the conflicts of laws provisions thereof) and You hereby consent to the jurisdiction of the Federal or state courts in Sacramento County, and waive any jurisdictional, venue or inconvenient forum objections thereto, (b) except as set forth below, may be amended only by a writing signed by both parties (except for amendments to the Terms, as provided therein) and (c) constitutes the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties with respect to the subject matter hereof. The parties' rights and obligations will bind and inure to the benefit of their respective successors and permitted assigns. You will ensure that all of Your employees and representatives using, or otherwise having access to, the Services do so only in accordance with the terms and conditions of this Agreement. These terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of United States of America. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of United States of America.
If these Terms and Conditions are not accepted in full, the use of this site must be terminated immediately.
Links to third party sites
Some links in this website will let you leave this web site. The linked sites are not under the control of LocalJobseek and LocalJobseek is not responsible for the contents of any linked site or any link contained in a linked site. LocalJobseek is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LocalJobseek of the site.
Privacy Policy
For details about our privacy policy please click here.
DISCONTINUING YOUR ACCOUNT - To completely delete your account and all information (including profile and all jobs), login to your account and select the option "Delete Account" at the bottom of the page. This will completely remove all of your information from LocalJobseek's system. If you completely delete your account and wish to use LocalJobseek's services in the future, you must re-register.
If you have specific questions about the privacy of your information, please contact LocalJobseek prior to providing the information.
Information Collection
We collect personal information (such as your name, email address and any other details you provide to us that identifies you as an individual) from you when you submit a request for information or when you submit your details for any other reason. Personal information will only be collected with your consent.
When you browse our Website, we may also log your IP address (the Internet address of your computer) to give us an idea of which part of our Website you visit and how long you spend here. We do not link your IP address to any other personal information that you send to us. Like many other websites, we may use a standard technology called a "cookie" to collect information about how you use the Website.
Use Of Information We Collect
We will use your information for several general purposes including: fulfilling any requests for information or services placed by you, processing any other transactions authorized by you, personalizing your experience on our Website, keeping you up to date with news about LocalJobseek, our products and services, and providing other information to you which we think you may find of interest. Your personal information shall not be used for any other purposes.
Who May Process Data
Your personal information may be processed by us in accordance with this privacy policy. We take all reasonable care to prevent any unauthorized access to your personal data. Personal information will not be sold or transferred to unaffiliated third parties without your prior consent.
What are cookies?
A cookie is a small message sent from a website to your browser. The message is then stored in a file on your hard disk. A cookie file is small, usually 1kb. Cookies help the site recognize you.
How do cookies work?
Every time you "check in", two cookies are created in your computers memory (RAM) so that we can personalize the service to you.
How does LocalJobseek use cookies?
We only use cookies to create your own personalized pages of the site. When you "Log in", we send 2 cookies to your internet browser. This allows us to retrieve your choices and prior selected options (for example, which language you have chosen to browse the site) and present them to you on a web page. There are two types of cookie - permanent and temporary. We use temporary cookies to avoid any possible threat to your privacy.
Security Measures
We are serious about guarding the security of your personal information that we have under our control from unauthorized access, improper use and disclosure, unauthorized destruction or accidental loss. However we cannot guarantee the protection of your personal data as due to the nature of the Internet, the Website is theoretically accessible by any user of the World Wide Web. You should be aware that when you disclose personal information on the Website it may be collected by another user and may result in unsolicited messages from other Internet users.
Session Variables
Some sections of our website require your information to be stored in what's known as a session variable. Session variables exist for the length of your visit (or in the case of our client login, until you log out).
Access and Changes to your Personal Information
Upon request, we may provide you with a copy of the personal information which we hold about you. Please address requests to support via online contact and insert "access request" as the subject heading, or write to us at the LocalJobseek Address, stating your name and email address for identification purposes.
At your request, we will use reasonable efforts to update / correct personal information previously submitted by you. You may also request that we cease processing the personal information we have about you and that we delete your personal information from our database or records.
Please address your requests to change or delete your personal information to support via the online contact form and insert "change details" or "unsubscribe" as appropriate as the subject heading. Alternatively you may write to us at the LocalJobseek Address, stating your name and email address for identification purposes.
We will only perform the activities outlined above to the extent that such activities will not compromise privacy or security interests.
Changes to this Policy
We may change this privacy policy from time to time. When such a change is made we will post the date and a revised version on the Website. It is your responsibility to view this privacy policy from time to time to be aware of any such change. Your continued use of the Website will indicate your agreement to any such change.
For further information
If you have any further enquiries or concerns about our privacy policy please contact us online or write to us at:
LocalJobseek
P.O. Box 340
West Sacramento, CA 95691
BY CHECKING THE BOX TO AGREE TO THIS LOCALJOBSEEK TERMS AGREEMENT AND CLICKING ON THE "SAVE" BUTTON AND ACTIVATING YOUR ACCOUNT, YOU ACKNOWLEDGE READING AND ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU REPRESENT, WARRANT AND AGREE THAT (1) YOU HAVE THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY AND (2) YOU ARE NOT IN VIOLATION OF LOCALJOBSEEK' POLICIES AND STANDARDS SET FORTH HEREIN AND IN THE TERMS. YOU ACKNOWLEDGE AND AGREE THAT LOCALJOBSEEK MAY MODIFY THE PROVISIONS OF THE FORM OF THIS AGREEMENT AT ANY TIME, WHICH MODIFICATIONS WILL BE APPLICABLE TO ANY OF YOUR FUTURE PURCHASES OF SERVICES.
Revised 08/09/2010