ADVERTISING TERMS AND CONDITIONS

 

Posting a job on TheJobCure.com implies acceptance of these TERMS AND CONDITIONS as the final and entire agreement between you (“Advertiser”) and TheJobCure.com (“The Company”). This page states the "Terms and Conditions" under which you may use TheJobCure.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. TheJobCure.com may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.

 

Unless agreed to otherwise in writing by TheJobCure.com, Advertiser/Agency agrees to pay the amounts due in advance, or upon approval of credit, net ten days upon receipt of an invoice from TheJobCure.com. Advertising may be deleted from the Site if TheJobCure.com does not receive payments when due. Agency is responsible for full payment of all amounts due for advertising on behalf of its clients, and TheJobCure.com may hold both Agency and Advertiser jointly and severally liable for such payments.

 

Advertiser/Agency recognizes that the resell of ads to other parties is prohibited. Advertiser/Agency can act as a purchasing agent and purchase individual ads or ad packages for their clients.

 

Services and Guarantees: TheJobCure.com Job Postings are provided "as is" and we make no warranties, expressed or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement, responses, or otherwise. TheJobCure.com is not liable for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with or relating to the use of TheJobCure.com services. Any liability shall be limited to the fee for a single job posting. Advertiser will defend, indemnify, and hold TheJobCure.com harmless from all claims, liabilities, losses and expenses (including reasonable attorneys fees), relating to any acts, or failures to act, by you or materials or information transmitted by you in connection with the TheJobCure.com service.

 

TheJobCure.com is consistently updating and improving its partner network. TheJobCure.com reserves the right to add or remove a partner site from the posting network, at its sole discretion. TheJobCure.com does not guarantee the services, software, or results, provided by its partner network. TheJobCure.com is not liable for agreements entered into between an Advertiser and a job board partner.

 

Copyrights and Intellectual Property: The contents of the GOJobs.com web site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the Company’s copyright.

 

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

 

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

 

The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. 

 

SPECIFIC PROHIBITED USES:  The Web Site may be used only for lawful purposes by individuals seeking employment and career information and TheJobCure.com member companies seeking to hire employees and manage relationships with their placement vendors. TheJobCure.com specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:  

 

Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise. YOU MAY NOT SPAM OUR MEMBER COMPANIES OR CANDIDATES WHOSE RESUMES APPEAR ON THE WEB SITE. YOU MAY NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON BEHALF OF YOURSELF. RECRUITERS AT A MEMBER COMPANY MAY NOT USE ALLOCATED JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS AT THE MEMBER COMPANY.

 

Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume that you have posted for the purpose of seeking job opportunities for yourself (living individual seeking employment on a full-time or part-time basis on his or her own behalf). Recruiters representing candidates may not send that candidate's resume in response to a job posting.

 

Posting 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) or requires recruitment of others including, but not limited to, members, sub-distributors or sub-agents.

 

Deleting or revising any material posted by any other person or entity.

 

Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.

 

Taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.

 

YOU HAVE A PASSWORD ALLOWING ACCESS TO A NON-PUBLIC AREA OF THIS WEB SITE, DISCLOSING TO OR SHARING YOUR PASSWORD WITH ANY OTHER PERSON OR ENTITY OR USING YOUR PASSWORD FOR ANY UNAUTHORIZED PURPOSE.

 

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from TheJobCure.com on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 

Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.

 

Framing of or linking to any of the materials or information available from the Web Site.

 

USE OF SECURE AREA AND PASSWORD:  Use of any password-protected area of the web site is restricted to the registered user who has been given permission and a password to enter such area. This password cannot be distributed to others, and the registered user is responsible for any and all damages to TheJobCure.com resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password. 

 

You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify TheJobCure.com of any unauthorized use of your registration or password.  

 

USER INFORMATION:   In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that TheJobCure.com may disclose to third parties, on an anonymous basis, certain aggregate information resulting from information that you place on the Web Site. TheJobCure.com reserves the right to offer third party services and products to you based on the preferences that you identify; such offers may be made by TheJobCure.com or by third parties. Please see TheJobCure.com 's Privacy Policy for further details regarding your information.  

 

THEJOBCURE.COM DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEJOBCURE.COM IS NOT RESPONSIBLE FOR THOSE COSTS.  

 

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THEJOBCURE.COM , TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THEJOBCURE.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.  

 

DISCLAIMER OF CONSEQUENTIAL DAMAGES:  IN NO EVENT SHALL THEJOBCURE.COM , ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THEJOBCURE.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

 

LINKS TO OTHER SITES:  The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by TheJobCure.com of the contents on such third-party Web sites. TheJobCure.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.  

 

NO RESALE OR UNAUTHORIZED COMMERCIAL USE:  You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized commercial use of the Web Site.  

 

LIMITATION OF LIABILITY: The aggregate liability for TheJobCure.com to you for all claims arising from the use of the Materials is limited to $100.  

 

Termination: The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or 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 and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.

 

Indemnity: You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.  

 

General: The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of California, County of Orange, without respect to its conflict of laws principles. In the event either party brings any legal action to enforce the terms and conditions of this agreement, the parties agree that the Superior or Municipal Court of California, County of Orange, shall be the sole venue for bringing such action. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

 

Advertiser will ensure that all of your employees and representatives using, or otherwise having access to, the system do so only in strict accordance with these terms.