Welcome to the website and services of USA Job Solutions LLC (“USA Job Solutions”, “we”, “our”, or "us"). These Terms of Use (this “Agreement” or “Terms of Use”) is a legal contract between USA Job Solutions LLC and yourself (referenced herein with “you” or with “your”), which governs your use of and/or access to our Services (defined below).
This Agreement applies to all persons and entities who visit, use, or access any of the Services (“Users”). By accessing or using the Services, you signify that you have read, understood and agree to be bound by the terms and conditions of this Agreement, whether or not you are a registered user or customer of the Services.
We reserve the right to amend this Agreement at any time by positing an updated version of these Terms of Use (or any portion thereof) on the Site (defined below). Changes will be binding on you upon the earlier of (i) any access or use of the Services by you after the date the updated Terms of Use are posted or (ii) thirty (30) days after the modifications are posted. Any use of the Site or Services after the modi fications have become effective will be considered acceptance by you of the updated Terms of U se. If you do not agree to any of the terms of this Agreement, you are not permitted to use or access (or continue to access), the Services.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
This Agreement applies to your interactions with USA Job Solutions through the following mechanisms, which are collectively referred to as the “Services”:
1.1. Eligibility. You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Services, so that you can form a binding contract with USA Job Solutions. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may not use the Services if your use of the Services has been previously terminated or suspended by us, unless we have provided you with specific written authorization to re-use the Services.
1.2. Access Rights. We hereby grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Services solely: (i) with respect to Job Seekers: for your personal use seeking employment opportunities for yourself, and (ii) with respect to Employers: for your internal business purposes of seeking candidates for employment.
1.3. Availability. You are responsible for obtaining all services and technologies necessary to access to the Services.
1.4. Account. For certain Users, you may create an account with USA Job Solutions. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. If you have an account with USA Job Solutions, you are responsible for maintaining the confidentiality of all your usernames and passwords. You agree (i) not to allow a third party to use your account, usernames, or passwords at any time, and (ii) to notify us promptly of any actual or reasonably suspected unauthorized use of or access to your account, usernames, or passwords, or any other breach or suspected breach of this Agreement of which you become aware. You are responsible for all acts and omissions of your users, and for all activities that occur under your account. We reserve the right at any time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion, for any le gal reason, including any violation of any provision of this Agreement.
1.5. Limitations. You agree not to engage in any of the following: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non -automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the USA Job Services servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) access the Services to build a competitive product or service; (xv) infringing any of USA Job Solutions intellectual property rights; (xvi) creating derivative works of the Services, reverse engineering or decompiling any parts of the Services; (xvii) framing or linking to any information or content on the Services; (xviii) posting or submitting any inaccurate, incomplete, or false biographical information or another person’s information; or (xiv) posting or submitting any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by USA Job Solutions.
1.6. Service Changes. We may, without prior notice, change any aspect of the Services or stop providing the Services or features of the Services. If any such change, cessation or limitation of the Services materially and adversely affects you and was not due to your breach of this Agreement, then you may terminate your account on written notice to us provide, and we may provide a pro-rata refund of any prepaid fees pertaining to Services paid for, but not provided. We may also permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, including if in our sole determination (acting reasonably) you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services.
The Services, Site(s), and all USA Job Solutions content therein and all right, title, and interest in and to each of the foregoing, including all intellectual property rights therein, are the sole property of USA Job Solutions and its licensors. This Agreement provides only a limited license to access and use the Services in accordance with the terms of this Agreement. Except for the limited licenses expressly provided to you in this Agreement, you acknowledge and agree that you do not acquire any rights, express or implied, in or to the Services. All brand, product, and service names and marks used in the Services which ide ntify USA Job Solutions are proprietary names and marks of USA Job Solutions. Nothing in this Agreement will be deemed to confer on you or any third party any license or right with respect to any such name or mark. You may not publish, distribute, extract, reuse, or reproduce any content from the Site or Services in any form other than in accordance with this Agreement. You will not remove, alter, or obscure any proprietary notices (including copyright notices) of USA Job Solutions or its suppliers in the S ervices or Sites.
You may, provide us feedback, suggestions, comments, ideas, opinions, recommendations for the modification, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, “Feedback”). If you provide us Feedback, you hereby grant USA Job Solutions a royalty-free, worldwide, perpetual, irrevocable, transferable, sublicensable, and non -exclusive right and license to use such Feedback for any lawful purpose, including the development and improvement of the Services. To the extent permitted by applicable law, you waive any moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights, in your Feedback.
4.1. Posting User Content; License Grant. The Services may allow you to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Advertisements, screening questions, screening criteria, company information, a Job Seeker’s application information, content of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information ( “User Content”). User Content is the sole responsibility of the person or entity that provided the User Content, and you shall be solely responsible for the consequences of posting, providing or publishing it. By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant to USA Job Solutions a royalty-free, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, adapt, translate publicly perform, publicly display, and otherwise exploit all such User Content, in whole or in part, for the purposes of performing the Services, including posting such User Content on the Site, and distributing such User Content to Job Seekers or sharing with Employers, and to promote USA Job Solutions.
4.2. Authority. You represent and warrant that (i) you have the authority, right, and all necessary consents to grant the rights described in this Agreement with respect to User Content, including to submit, provide, make available or post, via the Services, (ii) the use by USA Job Solutions of your User Content as contemplated herein is permitted and will not violate any law or infringe the rights of any third party, and (iii) your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
4.3. Prohibited Types of User Content. In addition to the limitations set forth in Section 1.5 (Limitations), the following list is intended to be illustrative of the types of User Content that are prohibited, but this is not an exhaustive list: You agree not to post or provide User Content that: (i) may create a risk of harm to any person or property; (ii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iii) provides links to material that is illegal or offensive, or targets or solicits personal data from anyone under the age of 18; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise) , libelous, threatening, profane, or otherwise objectionable; (v) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) contains any information or content that is false, misleading, or otherwise deceptive; or (ix) violates the intellectual property rights or rights of privacy of any third party.
4.4. Job Advertisements. We will use commercially reasonable efforts to maintain Job Advertisements on our Site for the duration that you request and to remove Job Advertisements upon your written notice. However, you agree, that between USA Job Solutions and you, it is your sol e responsibility to comply with all applicable laws with respect to posting a Job Advertisement, including the duration and location of the Job Advertisement.
4.5. No Warranties or Obligations. You agree that USA Job Solutions makes no representations, warranties, promises or guarantees regarding any User Content or other content provided or generated by third parties, including, without limitation, the content of messages, Job Advertisements, and resumés. You further agree that USA Job Solutions acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that USA Job Solutions is not responsible and has no liability for User Content. It is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, resumes/CVs and Job Advertisements and content of messages. Your reliance on any User Content is at your own risk. Although, USA Job Solutions has no obligation to screen User Content, to the extent that USA Job Solutions becomes or is made aware of User Content that may or does (i) violate the terms of this Agreement, (ii) violate any law or regulation, (iii) violate the rights of third parties, or (iv) create actual or potential liability for USA Job Solutions or otherwise negatively impact USA Job Solutions, we reserves the right to reject and/or remove such User Content, and suspend and/or terminate the account associated with such User Content.
We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Job Seekers and Employers. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User's action or inaction, and you release us from any claim, demands, or damages arising out of or in any way connected with such disputes. We shall have no obligation to you to enforce this Agreement against any other User.
By applying to a Job Advertisement on the Services, you give us permission to store your information on the Services and to share your information (including your resume/CV), with the entity that posted the Job Advertisement.
If you ask us to submit a message to an Employer or third party or if you apply for a job using the Services, you accept that we do not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Advertisements, or that the transmission of data will be error-free. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity and if you require alternate screener questions or application process, you must con tact the applicable entity directly.
Although we request that Employers maintain the confidentiality of the Job Seeker information and resumes/CVs they receive through the Services, we cannot and do not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient. You should conduct your own due diligence on potential employers and Job Advertisements that may be of interest to you. As we do not authenticate Users or guarantee that a Job Advertisement is suitable, legitimate or real.
With respect to all Job Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the Job Advertisement and the content therein (whether owned by you or your clients), will comply advertising standards and all applicable laws, including, but not limited to, employment and labor laws, anti-discrimination laws, and privacy laws, in your jurisdiction and the jurisdictions in which the vacancies are located; (ii) you have the necessary rights to permit the publication and use of Job Advertisements by USA Job Solutions pursuant to this Agreement; and (iii) the use, reproduction, distribution or transmission of Job Advertisements will not violate any applicable laws or any rights of any third parties. You understand and agree that you are solely responsible for any liability arising out of publication of Job Advertisements or material to which users can link though such Job Advertisements.
Additionally, you agree not to post or promote any Job Advertisements that: (a) contain inaccurate, false, or misleading information; (b) contain "hidden" keywords or keywords that are irrelevant to the job opportunity being presented; (c) sell, promote or advertise products or services; (d) endorse a particular political party, political agenda, or political position or promote a particular religion; ( e) advertise job openings located in countries subject to economic sanctions of the United States governments, except where permitted by applicable law; (f) require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) the commission of criminal offences or proceedings, or (viii) age; (g) contain content or links to content that exploit people in a sexual, violent or other man ner, or solicits personal data from anyone under the age of 13; (h) includes any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role; (i) involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents; (j) requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; (k) contain content that violates applicable laws; (l) pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such Job Advertisements are permissible); (m) requires citizenship or lawful permanent residence in a country, unless that is required in order to comply with law, regulation, or a federal, state or local government contract; or (n) contain links to any site competitive with our Site other than to an actual job posting.
We do not guarantee any responses, or the number of responses, to your Job Advertisements, including, without limitation, views, clicks, or applications, or that any responses will be from individuals suitable for the job vacancy you advertised. We make no guarantee as to the quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropri ate candidate.
You agree to implement and maintain appropriate physical, technical, organizational, and administrative measures to protect the confidentiality, safety, and integrity of Job Seeker information that you receive, including through the Services. You agree to comply with all applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects.
The following terms will apply if you are using paid services.
7.1. Billing Policies. If you use a paid feature of the Services, you agree to the pricing and payment terms for the applicable Services. We may (i) add new services and products for additional fees and charges, at any time in our sole discretion, or (ii) amend fees and charges for existing Services, at any time in our sole discretion upon notice to you. Any change to the fees for paid Services shall become effective in the billing cycle following notice of such change to you. All fees are due in advance of the provision of the Services, and except as expressly provided herein, all fees are non-refundable. All fees shall be paid in U.S. Dollars via a method approved by USA Job Solutions (e.g., wire, ACH, credit card, etc.) without conditions or reduction for any fees or charges applicable to your method of payment (e.g., wire fees).
7.2. Payment Information; Taxes. All information that you provide in connection with a payment must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions, excluding taxes based on USA Job Solutions’s net income. If at any time we are required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to us upon written notice.
7.3. Credit and Debit Cards. In the event that you pay for any Services using a credit card or debit card, you authorize USA Job Solution(s) to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) for the applicable fees, together with any applicable sales, use, excise, goods and services tax (GST), consumption or other similar tax appli cable to the Services. You represent that you are authorized to use such payment method at your company’s behalf, and you agree to accept an electronic record of a receipt. If at any time your payment method will not accept the charge for fees due, you agree that we may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any payment method, you agree that applicable credit card, debit card and billing information may be shared with third parties such a s payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
We may suspend, limit, condition, or terminate a User’s access to the Services or any features thereof, in the event that, we reasonably determine that such User has violated this Agreement or appears likely to do so. You acknowledge and agree that we may, with no liability or penalty, remove any Job Advertisement or other User Content, communication or information posted, which in the sole judgment of USA Job Solutions, violates or may violate this Agreement, applicable laws, rules or regulations, third party terms; may adversely affect USA Job Solutions; is inappropriate or false; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party. We can also terminate your access to the Services and/or this Agreement for convenience (not d ue to your actions or omissions) via email notification to you and, in the event of such termination for convenience, you may receive a pro-rata refund of any pre-paid fees pertaining to Services that will not be provided as a result of the termination.
Please refer to our Privacy Policy for information regarding how we collect, process, share and store your personal information. If you are an Employer, the following applies: to the extent the provision of the Services under this Agreement involves the processing of Employer Personal Data (as defined by applicable data protection laws) the parties, if required by applicable data protection laws, will enter into a mutually agreed to data processing addendum to be incorporated into this agreement.
We employ technical, organizational and physical safeguards that are designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.
You acknowledge and agree that provision of the Services involves, and you authorize, our: (i) processing of User Content and Usage Data (defined below) in connection with providing the Services, to assist you in using the Services, and as described in this Agreement; (iii) use of Usage Data in connection with providing, analyzing, and improving the Services; and (iii) generation and use of de-identified, aggregated, and/or anonymized data that does not include any identifying information of, or reasonably permit the identification of, you or any individual (including any User). “Usage Data” means all data collected or generated by us in connection with the use of the Services. Usage Data does not include User Content.
The Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by USA Job Solutions (collectively, "Third-Party(ies)"). We do not endorse or assume any responsibility for any such Third -Party sites, information, materials, products, or services. If you access a Third-Party website from the Services or use a Third-Party service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such Third-Party sites or services. You expressly relieve USA Job Solutions from any and all liability arising from your use of any Third-Party website, service, or content.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USA JOB SOLUTIONS DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES ARE AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT, AND USA JOB SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PURPOSE OR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY, IN EACH CASE ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT (I) ANY CONTENT, INCLUDING USER CONTENT, PROVIDED ON OR THROUGH THE SERVICES IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (V) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (VI) THAT THE YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS; (VII) THAT THE SERVICES WILL RESULT IN A JOB SEEKER BEING HIRED OR OBTAINING AN INTERVIEW, 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. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED OR AVAILABLE AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR ANY OTHER TYPE OF LOSS THAT RESULTS FROM SUCH CONTENT OR YOUR USE OF THE SERVICES.
You will defend, indemnify and hold harmless USA Job Solutions and its respective directors, officers, board members, employees, agents, successors and assigns, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all reasonable legal fees and expenses) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of your User Content; (vi) any third-party access and use of the Services with your account or log-in information; and/or (vii) your intentional or willful misconduct, or negligence.
13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL USA JOB SOLUTIONS AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY (I) INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR LOSSES, OR ANY OTHER LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; OR (II) LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES, IN EACH CASE, EVEN IF USA JOB SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USA JOB SOLUTIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) USER CONTENT, INCLUDING ANY ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR RELIANCE THEREON; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL DATA STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR THE (VI) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
13.3. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF USA JOB SOLUTIONS, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUCCESSORS AND ASSIGNS, TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT YOU PAID TO USA JOB SOLUTIONS DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING RISE TO ANY SUCH LIABILITY, OR IF NO FEES WERE PAID, THEN IN NO AMOUNT EXCEEDING $100 USD.
During your use of the Services, you may obtain access to or be provided with Confidential Information of USA Job Solutions. “Confidential Information” means any proprietary or non-public information of USA Job Solutions that is marked or identified as confidential or is otherwise disclosed in circumstances that would lead a reasonable person to believe such information is confidential, regardless of whether such information is marked or identified as confidential. You will not use any Confidential Information for any purpose not expressly permitted by this Agreement and will only disclose Confidential Information to your employees or agents who have a need to know such Confidential Information for purposes of this Agreement and who are bound by confidentiality obligations no less restrictive than those obligations under this Agreement. You will keep Confidential Information in strict confidence and shall protect Confidential Information from unauthorized use, access, or disclosure in the same manner that you use to protect your own confidential or proprietary information of a similar nature and with no less than reasonable care. Upon our written request, you will immediately return or destroy any and all materials containing any Confidential Information (including all copies, reproductions, and summaries thereof) and certify the return or destruction in accordance with our request. Breach of this Section 14 (Confidential Information) could cause irreparable harm and damage to the USA Job Solutions. Thus, in addition to all other remedies available at law or in equity, we shall have the right to seek equitable and injunctive relief, and to recover the amount of damages (including reasonable attorneys’ fees and expenses) incurred in connection with such unauthorized use or disclosure.
15.1. Publicity. You agree that we may use your name and logo in our advertising and marketing materials, which include customer lists.
15.2. Compliance With Law. Each party will comply will all applicable laws in the performance of its obligations hereunder.
15.3. Electronic Communication. You understand and agree that the Services may require periodic electronic communication including password resets, notifications, and other critical electronic communications, and that you agree that such communications satisfy any requirements that would be met if there were in hard copy.
15.4. Questions and Notices. Questions concerning the use of the Sites or Services should be directed to info@findajobusa.net. Notices to USA Job Solutions shall be sent to info@usajobs.net and USA Job Solutions LLC, Attn: Legal, [ADDRESS]. We will send notice to you at the address submitted by you or to such other address as we reasonably determine is an appropriate address for you. Such notice will be deemed given upon personal delivery; if sent by email, upon a confirmation response; or if sent by overnight courier, one (1) day after the date of delivery to the courier.
15.5. Governing Law.
This Agreement and any disputes arising hereunder shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Each party hereby irrevocably and exclusively submits to the process, jurisdiction, and venue of the courts located in Los Angeles County, California for any suit or other proceeding arising out of or relating to the subject matter of this Agreement.
The Services are controlled and operated by USA Job Solutions from within the United States of America. USA Job Solutions makes no representations that the Services or the materials available via the Services, are appropriate or available for use in locations outside of the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all applicable laws of United States of America as well as local laws (including your own j urisdiction), if and to the extent local laws are applicable. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States governments.
15.6. Independent Contractor. The sole relationship between you and USA Job Solutions is that of independent contractors and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
15.7. Severability; Waiver. 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. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
15.8. Force Majeure. USA Job Solutions will not be liable under this Agreement by reason of any failure of delay in the performance of its obligations under this Agreement as a result of any cause which is beyond its reasonable control.
15.9. Assignment. You may not assign or transfer your rights or obligations under this Agreement, without the prior written consent of USA Job Solutions. USA Job Solutions may freely assign or transfer this Agreement without your prior written consent.
15.10. Entire Agreement. This Agreement constitutes the entire agreement between you and USA Job Solutions and supersedes any and all oral or written agreements or understanding between the parties with respect to the subject matter of this Agreement. This Agreement may only be modified or amended by USA Job Solutions. Any and all standard or “form” terms included in, associated with or referenced in, a customer purchase order, customer ordering document, or customer invoice submission system or other portal are hereby rejected (regardless of any electronic or online indication of agreement to the same), will not bind the parties, will be of no consequence whatsoever in interpreting the parties’ legal rights and responsibilities as they pertain to this Agreement (including any billing or payment requirements) or the Services.
We respect the intellectual property rights of others. It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). Upon receipt of a proper DMCA notice alleging copyright infringement, we will take whatever action we deem appropriate, including removal of the allegedly infringing materials.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our designated copyright agent as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
Allegedly infringing material will be removed promptly by our copyright agent provided that your claim notice includes all of the required information. FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, MAY RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. WE WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED.
In the event we remove allegedly infringing materials that were provided by a third party, we will notify the party responsible for posting the materials that we removed or disabled access to the materials. We may also provide the responsible party with your e-mail address so that they may respond to your allegations.
We reserve the right to terminate, limit or suspend access to the website in the event of repeated infringing activity. If you believe repeated infringement is occurring, follow the above instructions to contact our Copyright Agent and include sufficient information to assist us in identifying evidence of the repeated infringement.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Agent USA Job Solutions LLC; 8772 Enloe Ave. Garden Grove, CA. 92844 dmca@findajobusa.net
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Copyright Counter-Notices. If content you posted on the site was removed due to a claim(s) of copyright infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
- To file a counter-notification with us, you must provide a written communication that sets forth the items specified below. - Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):
- Identify the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled. - Provide your full name, address, telephone number, email address and, if you are a registered User, the username of your account. - Provide a statement that you consent to the jurisdiction of the courts of the state of California, and that you will accept service of process from the person who provided notification to USA Job Solutions in accordance with the process outlined above or an agent of such person. - A statement from you under the penalty of perjury, that you in good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. - Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address: Attn: DMCA Agent USA Job Solutions LLC; 8772 Enloe Ave. Garden Grove, CA. 92844 dmca@findajobusa.net