Terms of Use Agreement
findknoxvillejobs.com
Online Development Services, LLC
LEGAL INFORMATION
findknoxvillejobs.com (‘FHJ.COM,’ ‘ODS, LLC,’ ‘COMPANY,’ ‘WE,’ ‘US,’) PROVIDES THIS WEB SITE AND ALL SITE-RELATED SERVICES, INCLUDING THE CONTENT AND CODE RELATED THERETO (COLLECTIVELY, THE ‘SITE’), SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS TERMS OF USE AGREEMENT (‘AGREEMENT’) CAREFULLY BEFORE USING THIS SITE. By using the ‘Site’, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the ‘Site’.
This Agreement is made between the Company and you, the ‘Site’ visitor and/or registered user (‘you’). We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the ‘Site’, including eliminating or discontinuing any content on or feature of the ‘Site’, restricting the hours of availability or limiting the amount of use permitted; or
- Change any fees or charges for use of the ‘Site’, including instituting new or increased fees or charges for the use of the ‘Site’ or any other Site-related services or any feature thereof.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the ‘Site’ or via electronic mail. Your use of the ‘Site’ after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this
Agreement.
You must be at least 13 years of age to use the Site.
OWNERSHIP; PROPRIETARY NOTICES
ONLINE DEVELOPMENT SERVICES, LLC (‘ODS, LLC’) All Rights Reserved.
The ‘Site’, including all pages within and all code related thereto, is the property of Online Development Services, LLC. No portion of the materials or code on these pages or anywhere on the ‘Site’ may be reprinted or republished (other than as is necessary to view the page on your monitor) in any form without the express written permission of the Company.
The ‘Site’ is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the ‘Site’ may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
WARRANTY INFORMATION; DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ODS, LLC AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER ODS, LLC, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES.
ODS, LLC AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ODS, LLC OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
You acknowledge that the ‘Site’ could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the "Code of Conduct" section). Additionally, you acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the ‘Site’. Although the ‘Company’ attempts to ensure the integrity and the accuracy of the ‘Site’, it makes no guarantees whatsoever as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at info@onlinedevelopmentservices.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the ‘Site’, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement".
The ‘Site’ is only a venue allowing for the posting by employers, recruiters and staffing agencies of available job opportunities at their companies or companies they represent (hereinafter referred to collectively as “employers”) and by candidates of their own resumes. The ‘Company’ does not evaluate or censor the resumes, job listings or other information posted to the ‘Site’. Moreover, the ‘Company’ is not involved in the actual transaction, if any, between potential employers and candidates. Consequently, we have no control over the quality, safety or legality of the job listings or resumes posted to the ‘Site’, the truth or accuracy of such job listings or resumes, the ability of employers to hire candidates or the ability of candidates to fill job openings.
Because user authentication on the Internet is difficult, the ‘Company’ cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of the Site's users, in the event that you have a dispute with one or more ‘Site’ users, you release ODS LLC (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the ‘Site’.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing or other material you post to the ‘Site’. The ‘Company’ neither warrants nor guarantees that a resume or job posting will be viewed by any specific number of users, or that a resume or job listing will be viewed by any user. We are not to be considered as an employer with respect to your use of the ‘Site’ and we shall not be responsible for any employment decisions made by any entity posting job listings or resumes to the Site.
LIMITATION OF LIABILITY
NEITHER ODS, LLC NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
ACKNOWLEDGMENT
This Site may contain links to other web sites operated by third parties, other than affiliates of the Company ("Linked Sites"). We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. You acknowledge that the ‘Company’ and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors.
VOID WHERE PROHIBITED; INDEMNIFICATION
Although the ‘Site’ is accessible worldwide, not all products or services discussed, referenced or made available on the Site are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Site are appropriate or available for use in locations outside the United States. Those who choose to access the ‘Site’ from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. The ‘Company’ reserves the right to limit the availability of the ‘Site’ and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the ‘Site’ or Site-related services.
CODE OF CONDUCT
While using the ‘Site’ or Site-related services, you agree not to do any of the following without our prior written authorization:
- Post any inaccurate, untimely, stale, incomplete or misleading information.
- Post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office.
- Post any employment opportunities that require a cash investment or expenditure, of any amount, in order obtain the employment position you are advertising on this site.
- Key code (by overuse of a skill set, term or definition within a job posting, profile, resume or otherwise in an effort to gain priority placement of a posting), copy other job postings as your own, post the same position multiple times on the ‘Site’ or post multiple positions within one posting.
- Place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to the site service.
- Post any employment opportunity that does not contain at least one application contact point of one of the following: a mailing address, URL, e-mail address or "apply online" application link.
- Share passwords, login information or named user identification or otherwise allow multiple offices or users to access the ‘Company’ service on a basis that is other than what was originally subscribed for. A named user is defined as one unique individual user with one unique password. An office is defined as a location where a named user routinely accesses or uses the ‘Company’ service under express license from ODS, LLC.
- Use any search engine, software, tool, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (other than those made available by ‘Company’ on the Site or other generally available third party web browsers, e.g., Microsoft Internet Explorer or Mozilla Firefox), to navigate or search the Site.
- Allow job postings or employment requirements to remain posted on the Site for more than 72 hours after they are no longer viable or valid. To the extent that a position is placed on "hold" or is otherwise not available for immediate placement, the posting must be removed from the ‘Site’ until such time as the position is a viable opening.
- Engage in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to ‘Site’ job seekers or subscribers.
- Express or imply that any statements you make, are endorsed by ‘Us’.
- Impersonate any person or entity, including, without limitation, a ‘Company’ employee or agent, a user of ‘Site’ services, including a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
- Respond to a job listing on behalf of anyone other than yourself.
- Delete or revise any material posted by any other person or entity.
- Restrict or inhibit any other user from using and enjoying the ‘Site’ and its services, including, without limitation, by means of "hacking" or defacing any portion of the Site.
- Post or transmit (a) any incomplete, false or inaccurate biographical information or information that is not your own accurate resume (i.e., the resume of a living individual seeking employment on a full-time or part-time basis on his or her own behalf); (b) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights; (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication; (d) any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; (e) any trade secret of any third party; or (f) any material, nonpublic information about companies without the authorization to do so.
- Use the ‘Site’ for any unlawful commercial, research or information gathering purposes.
- Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
- Modify, adapt, sublicense, translate, sell, reverse engineer, de-compile or disassemble any portion of the ‘Site’.
- Remove any copyright, trademark, or other proprietary rights notices contained in the ‘Site’.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the ‘Site’ or its contents.
- Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
‘Company’ assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes.
Your company agrees to and will hold the ‘Company’ harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of our ‘Site’ services.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the ‘Site’ and Site-related services.
The ‘Company’ has no obligation to monitor the ‘Site’ or Site-related services, including any materials that you or other third parties transmit or post on to the ‘Site’. However, you acknowledge and agree that the Company has the right (but not the obligation) to monitor the ‘Site’ and Site-related services, and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the ‘Site’), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the ‘Site’ properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. The ‘Company’ reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement. The ‘Company’ also reserves the right to prohibit any user who, in the Company's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the ‘Site’ and related services. Such prohibition may occur without notice to the user.
None of the Content is endorsed by the‘Company’ and the ‘Company’ cannot and does not make any representations with respect to the truth or reliability of the Content. The ‘Company’ reserves the right to remove any Content, in whole or in part, from the ‘Site’.
Communications between the ‘Company’ and the users of the ‘Site’ are not confidential.
REGISTRATION; USE OF SECURE AREAS AND PASSWORDS
Some areas of the ‘Site’ may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the ‘Site’.
As part of the registration process, your user name will be your email address and you will be asked to select a password. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the ‘Site’ to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from the ‘Company’ in writing, it being understood that the ‘Company’ shall be under no obligation to approve any such request. If you are a job seeker who has reason to believe that your account with us is no longer secure, you must promptly change your password by updating your Job Seeker account profile information. If you are a customer who has reason to believe that your account with us is no longer secure, you must promptly contact Customer Support via email addressed to info@odsllc.com. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
MISCELLANEOUS
This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the State of California for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.
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