BY ACCESSING THIS WEB SITE OR USING ANY SERVICE OR MATERIALS PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THE WEBSITE.
The following definitions apply to this Agreement:
“FETCHFIND Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
“FETCHFIND Web Site” or the “Site” (collectively, the “FETCHFIND Websites” or the “Sites”) means any web site under FETCHFIND’ control, whether partial or otherwise and includes such Site’s Content, Text, Graphics, Design, Programming, FETCHFIND Materials and Services (as applicable in each context).
“Content” includes all Text, Graphics, Design and Programming used on the Sites.
“Document” refers to any posting to a Site, whether job or resume.
“Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment. For the purpose of this document , any reference to Employer shall include organizations or recruiters who are seeking employees or volunteers.
“Employer Materials” includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
“Graphics” includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising banners.
“Job Seeker” means a user who is accessing a Site to search for a job or volunteer opportunity in any other capacity except as an Employer.
“Services” means any services provided by FETCHFIND or its agents described herein and specified more fully in the Service Activation Agreement.
“Text” includes all text on every page of the Sites, whether editorial, navigational, or instructional.
“User” refers to any individual or entity that uses any aspect of the Sites.
The Sites are intended for individuals seeking employment and for Employers seeking Job Seekers for employment or for volunteer opportunities. You may use the Sites only for lawful purposes within the stated context of FETCHFIND’s intended and acceptable use of the Sites. FETCHFIND is the sole interpreter of the Sites’ intended and acceptable use. Any rights not expressly granted in these terms are reserved.
2.1 License to Use by Users who are Job Seekers. FETCHFIND hereby grants you a limited, terminable, non-exclusive right to access and use the Sites (including any software or content available by download) only for Your personal use seeking employment opportunities for yourself. This authorizes You to view and download a single copy of the material on the Sites solely for Your personal, noncommercial use. You agree that You are solely responsible for the, content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. FETCHFIND reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
2.2 License to Use by Users who are Employers.. FETCHFIND hereby grants You a limited, terminable, non-exclusive right to access and use the Sites only for Your internal business use seeking candidates for employment. This authorizes You to view and download a single copy of the material on the Sites solely for Your personal use directly related to searching for and recruiting job prospects. FETCHFIND also grants You a limited, terminable, non-exclusive license to use the FETCHFIND Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by FETCHFIND to any third party without the express written authorization of FETCHFIND. You agree that You are solely responsible for the content of any Document You post to a Site and any consequences arising from such posting. FETCHFIND reserves the right to suspend or terminate Your access and use at any time if FETCHFIND determines that You are in breach of these Terms and Conditions.
2.3 Employer Materials. Employer represents warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants FETCHFIND a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
2.4 You may not distribute, modify, reverse engineer, decompile or disassemble any software, tools or other materials that are made available through the Web Site unless specifically permitted under applicable law that cannot be varied by the agreement of the Parties.
2.5 Forwarding Job Postings. You are also expressly prohibited from forwarding job postings to any group or mass distribution list or forwarding job postings that are in violation of any local, state, federal or international laws, rules or regulations, including, without limitation, the federal CAN SPAM Act of 2003.
- Entire Agreement
This Agreement will be expressly incorporated by reference in each and every agreement between You and FETCHFIND, and except for any separate license agreement for software and/or content, this Agreement supersedes any and all prior and existing agreements, whether oral or in writing, between You and FETCHFIND with respect to the subjects addressed herein and constitutes the entire agreement between the Parties with respect to those subjects. Except for any separate license agreement for software and/or content, You acknowledge that neither FETCHFIND nor anyone on FETCHFIND’ behalf has made any representations, inducements, promises or agreements, orally or otherwise, to You relating to the subjects addressed by this Agreement that are not embodied herein. These Terms and Conditions (as they may be amended from time to time by FETCHFIND), together with your Service Activation Agreement (if applicable), form a binding agreement (the “Agreement”) between You and FETCHFIND. Your access to or use of the FetchFind Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
- Prohibited Conduct
4.1 You agree: (i) not to use any FETCHFIND Web Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere with, modify or disrupt this Web Site or any networks connected to this Web Site in any way; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this Web Site or any transactions being offered at this Web Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on FETCHFIND’ infrastructure; (v) not to use this Web Site to collect or harvest personal information, including, without limitation, financial information, about other participants at this Web Site; (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (vii) not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FETCHFIND and its group companies without FETCHFIND’ express written consent; (viii) not to use any meta tags or any other “hidden text” utilizing FETCHFIND’ name or trademarks without the express written consent of FETCHFIND; (ix) not to reproduce or store any part of this Web Site in any other website or include any part of this Web Site in any public or private electronic retrieval system or service without FETCHFIND’ prior written permission; and (x) not to misuse this Web Site (including, without limitation, by hacking).
4.2 You agree not to use the services, products, or downloads available at this Web Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Web Site. Without prejudice to the generality of the foregoing You are prohibited from posting or transmitting to or from this Web site any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- which You have not obtained all necessary licenses and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)?
- General Use Rules
The Web Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Web Sites only for lawful purposes within the stated context of FETCHFIND’ intended and acceptable use of the Web Sites. FETCHFIND is the sole interpreter of the Web Sites’ intended and acceptable use.
- Registration Data And Privacy
Registration is required for You from this Web Site. You must provide current, complete, and accurate information about You as prompted to do so by the registration form (“Registration Data”), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that Your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify Your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, FETCHFIND retains the right, in its sole discretion, to suspend or terminate rights to use the services. Registration Data and certain other information about You is subject to our Privacy Notice. Solely to enable FETCHFIND to use internally information You supply us, so that we are not violating any rights You might have in that information, You grant to FETCHFIND a non-exclusive license to: (i) convert such information into digital format such that it can be read, utilized and displayed by FETCHFIND’ computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by FETCHFIND, in each case by any method or means or in any medium whether now known or hereafter devised.
Other than personally identifiable information that is covered under the Privacy Notice, any material You transmit or post to this Web Site shall be considered non-confidential and nonproprietary. FETCHFIND shall have no obligations with respect to such material. You agree that FETCHFIND and its designees shall be free to copy, disclose, distribute, incorporate, process and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- Registration for Job-Seekers
- Intellectual Property and Copyrights
The Web Site, the FETCHFIND Materials and all right, title and interest in and to the Web Sites and FETCHFIND Materials are the sole property of FetchFind or its licensors, and are protected by United States and foreign copyright, trademark and other laws. You acknowledge and agree that the Web Sites contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this Web Site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of FETCHFIND or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. FETCHFIND does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this Web Site. Furthermore, except for the limited licenses expressly granted to You in these Terms and Conditions as stated herein, none of the material may be copied, reproduced, modified, sold or distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or use them in any other way for public or commercial purpose, without the prior written permission of FETCHFIND or the intellectual property owner. However, You may print a copy of the information on this Web Site for Your internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this Web Site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.
8.1 Any code that FETCHFIND creates to generate or display the Content or the pages making up the Sites is also protected by FETCHFIND’s copyright. You must retain all of FetchFind’s copyright, trademark, service mark and other proprietary notices contained on the Content or FETCHFIND Materials on any authorized copy You make of the Content or FETCHFIND Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Web Site are registered and unregistered Trademarks of FETCHFIND and others. Nothing on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site, without the written permission of the Trademark owner. FETCHFIND aggressively enforces its intellectual property rights to the fullest extent of the law. FETCHFIND prohibits use of any of the foregoing names or marks as a metatag or as a “hot” link to any FETCHFIND site unless establishment of such a link is approved in advance by FETCHFIND in writing. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Web Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Web Sites other than the search engine and search agents available from FETCHFIND on such FETCHFIND Web Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the FETCHFIND Web Sites, without the express written consent of FETCHFIND.
- Links and Content
10.1 The Sites may provide links to other Internet sites. FETCHFIND is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external web sites do not constitute an endorsement by FETCHFIND of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, FETCHFIND reserves the right to terminate any link or linking program at any time. FETCHFIND does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that FETCHFIND shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site. If You decide to access any of the third party sites linked to the Sites, You do this entirely at Your own risk.
10.2 If You would like to link to the Sites, You may only do so on the basis that You link to, but do not replicate, the home page of the Sites, and subject to the following conditions:
- You do not remove, distort or otherwise alter the size or appearance of the FETCHFIND logo; and
- You do not create a frame or any other browser or border environment around the Site; and
- You do not in any way imply that FETCHFIND is endorsing any products or services other than its own; and
- You do not misrepresent Your relationship with FETCHFIND nor present any other false information about FETCHFIND; and
- You do not otherwise use any FETCHFIND trademarks displayed on the Sites without express written permission from FETCHFIND; and
- You do not link from a website that is not owned by You; and
- Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
10.3 FETCHFIND expressly reserves the right to revoke the right granted in paragraph 10.2 for breach of these terms and to take any action it deems appropriate.
10.4 You shall fully indemnify FETCHFIND for any loss or damage suffered by FETCHFIND or any affiliated companies for breach of paragraph 10.2.
- Third Party Provides, Participation in Promotions of Advertisers
You acknowledge and agree that FETCHFIND may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between FETCHFIND and its Third Party Providers, FETCHFIND will have sole responsibility for handling all billing and contract negotiations. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on the Sites (“Advertisers”). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. FETCHFIND shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.
You acknowledge that FETCHFIND or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted, posted or received through the Sites. FETCHFIND, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission, posting or receipt of any Information which FETCHFIND deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Sites, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the Sites will be prosecuted to the full extent of the law.
- No Guarantee of Availability; High Risk Activities
While FETCHFIND attempts to insure that the Sites are normally available twenty-four (24) hours a day, FETCHFIND shall not be liable if for any reason the Sites are unavailable at any time or for any period. Access to the Sites may be suspended temporarily and without notice, such as in the case of system failure, maintenance or repair or for reasons beyond FETCHFIND’ control. The Sites are not designed or intended for use in hazardous environments requiring fail-safe performance in which use of the Sites or any content, tools or other materials made available by FETCHFIND could lead to death, personal injury, or severe physical or environmental damage, and FETCHFIND and its affiliates shall not be liable in connection with any such use.
- DISCLAIMERS, NO WARRANTIES
THE SITES ARE PROVIDED ON AN “AS IS” BASIS FROM FETCHFIND AND ITS INFORMATION PROVIDERS, FETCHFIND AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THE SITES, THE OPERATION OF ANY SOFTWARE AVAILABLE ON THE SITES, THE TRANSACTIONS PERFORMED ON THE SITES, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THE SITES.
14.1 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF FETCHFIND AND FETCHFIND’ AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT WHICH BUT FOR THIS LEGAL NOTICE MIGHT HAVE EFFECT IN RELATION TO THE SITES. FETCHFIND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
14.2 WITHOUT LIMITATION ON THE FOREGOING: YOU ASSUME THE ENTIRE RISK OF USE OF THE CONTENT AVAILABLE AT THIS WEB SITE. WITHOUT LIMITING THE FOREGOING, NONE OF FETCHFIND NOR FETCHFIND’ AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT: (i) THE SERVICES OFFERED ON THE SITES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OFFERED ON THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FETCHFIND IS NOT RESPONSIBLE FOR THOSE COSTS; (iii) FETCHFIND MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. DOCUMENTS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK; (iv) FETCHFIND MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OR INFORMATION AVAILABLE ON THIS WEB SITE IS COMPLETE, ACCURATE OR AVAILABLE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS; OR (v) REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. FETCHFIND DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FETCHFIND OR THROUGH THIS WEB SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
- FETCHFIND’S LIMITED LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FETCHFIND AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEB-SITE), AND ANY OF FETCHFIND’ AFFILIATED COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF BUSINESS, LOSS OF OR USE OF DATA, LOSS OF INCOME, PROFITS (WHETHER OR NOT ULTIMATELY RULED TO BE DIRECT DAMAGES), GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITES IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITES OR THE MATERIAL ON THE SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITES OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR ANY WEBSITES LINKED TO THE SITES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.
15.1 YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES PROVIDED ON THE SITES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL NOT EXCEED, IN THE AGGREGATE, AND BE LIMITED TO: (I) THE AMOUNT OF FEES OR PAYMENTS MADE TO FETCHFIND, IF ANY OR (II) ONE THOUSAND DOLLARS, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
15.2 BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN FETCHFIND’ MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
15.3 IN NO EVENT SHALL FETCHFIND (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH FETCHFIND, THE AMOUNTS ACTUALLY PAID BY YOU TO FETCHFIND UNDER THIS AGREEMENT IF GREATER THAN U.S. $200.00).
15.4 DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT FETCHFIND WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
15.5 FETCHFIND assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. FETCHFIND acts as a portal 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 Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, FETCHFIND may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. FETCHFIND has no liability or responsibility to Users for performance or nonperformance of such activities. FETCHFIND may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion. If Your use of material on this Web Site results in the need for servicing, repair or correction of equipment, software or data, You assume all costs thereof.
You will receive a password and account designation upon completion of the registration process for use of this Web Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) to immediately notify FETCHFIND of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. FETCHFIND cannot and will not be liable for any loss or damage arising from Your failure to comply with this paragraph 17. Because User authentication on the Internet is difficult, FETCHFIND cannot and does not confirm that each User is who they claim to be. Because FETCHFIND does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that You have a dispute with one or more Users, You release FETCHFIND from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
16.1 When You register on any of the FETCHFIND Sites or in connection with the Services, You will be asked to create an account and provide FETCHFIND with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that You have no ownership rights in your account.
16.2 All User Information will be used in accordance with the terms of FETCHFIND’ Privacy Notice. Please note, as set forth in the Privacy Notice, that FETCHFIND may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Notice. In addition, FETCHFIND reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.
16.3 Questions and Notices. Questions concerning the use of the Sites should be directed to. Notices to FETCHFIND should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as FETCHFIND reasonably determines is an appropriate address for you.
You shall indemnify, defend, and hold harmless FETCHFIND and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (i) Your use of the software available at or downloaded from this Web Site, (ii) Your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject services, (iii) Your use of the content available on this Web Site in any way contrary to this agreement (d) Your breach of any of Your representations, warranties or obligations set forth in this agreement, (iv) the sale, purchase, transportation, delivery, use or disposal of any FETCHFIND service, product, or download associated with this Web Site or available through other sites, or any loss suffered by or harm to any person or property in any way relating to caused in whole or in part by Your use of this Web Site or any service, product, or download associated with this Web Site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof), and (v) any taxes attributable to the relating to any service, product, or download associated with this Web Site.
- Beneficiaries of this Agreement
The rights and limitations in this Agreement are for the benefit of FETCHFIND and each of FETCHFIND’s content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.
You agree that FETCHFIND may, at its sole discretion, deny You access to the Web Site and disable any username and password associated with You for any reason, including, without limitation, if FETCHFIND believes that You have violated or acted inconsistently with the letter or spirit of this Agreement. FETCHFIND reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this Web Site (or any part thereof) with or without notice. You agree that FETCHFIND shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this Web Site.
20.1 Payment of Services upon Termination of Service Activation Agreement. If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Terms and Conditions have been incorporated by reference, then FETCHFIND shall reserve the right to receive all payments from You for the Services used by you up to termination in addition to fifty percent (50%) payment for all work-in-process services and other services completed at the time of termination. .
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect.
- Amendments to this Agreement and Changes to Sites
FETCHFIND may revise these Terms and Conditions at any time by updating this page. Changes will be binding on You on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by You of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time You find the Terms and Conditions unacceptable, You may not use the applicable Site any longer. Any new or different terms supplied by You are specifically rejected by FETCHFIND unless FETCHFIND agrees to them in a signed writing specifically including those new or different terms. FETCHFIND may change the Sites at any time.
- Rules regarding Posting, Conduct and Security
The following rules apply to Your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
23.1 Posting Rules:
- You may not post any Document to a Site that contains: (i) URLs or links to web sites (to advertise Your company or website); (ii) copyrighted material (unless You own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) opportunities which require an upfront or periodic payment or pay commission only in which case FETCHFIND reserves the right, in its sole discretion, to place such posting in a designated location on its Sites or to remove the posting altogether if it deems such description deceptive or unsatisfactory to protect its Users.
- You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that FetchFind may allow posting of certain business opportunities which require an upfront or periodic payment or pay commission only in which case FETCHFIND reserves the right, in its sole discretion, to place such posting in a designated location on its Sites or to remove the posting altogether if it deems such description deceptive or unsatisfactory to protect its Users
- Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
- Job postings must be individual openings for traditional, W-2 or 1099 employees or volunteers.
- Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, contractual or volunteer basis on his or her own behalf.
- FETCHFIND is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at FETCHFIND’s sole discretion
23.2 Conduct Rules:
- You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer’s business are prohibited.
- You may not send unsolicited commercial email to Users.
- Protect your password. You are responsible for maintaining the confidentiality of Your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify FETCHFIND immediately of any unauthorized use of your registration and password.
- Report inappropriate postings or conduct to FETCHFIND.
- You may not delete or revise any material posted by any other person or entity.
- If at any time FETCHFIND comes to the understanding that you: (i) misled FETCHFIND regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, FETCHFIND reserves the right to terminate your Agreement.
23.3 Security Rules:
- Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Violation of these Security Rules may result in civil or criminal liability. FETCHFIND will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- Compliance with Laws
FETCHFIND makes no representation that this Web Site is appropriate or available for use in locations outside the United States, and accessing the Website from territories where its contents are illegal is prohibited. You are responsible for complying with all applicable laws and regulations of the United States and any other foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this Web Site) relating to any service, product, or download associated with this Web Site. FETCHFIND makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If You access the Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of Your jurisdiction.
- Governing Law
This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or Your Service Activation Agreement shall lie exclusively with the state or federal courts in Illinois. The sole relationship between you and FETCHFIND is that of independent contractors. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and You shall cease all Your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by FETCHFIND in a particular “Legal Notice,” or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and FETCHFIND.
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