Your access to and use of EmployerAdNetwork, (together with all sites owned or operated by SUPERJOBPOST, INC., collectively called the "Site") and the services provided by EmployerAdNetwork including but not limited to the Job Posting Service, the Featured Advertising Service and the Powered by EmployerAdNetwork (collectively, the "Service") are governed by this EmployerAdNetwork User Agreement ("Agreement").
YOUR USE OF THE SERVICE AND SITE INDICATES YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE OR SERVICE. SUPERJOBPOST, INC. ("we," "us" OR "EmployerAdNetwork") RESERVES THE RIGHT TO UPDATE THE TERMS OF THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING AN UPDATED VERSION OF THIS AGREEMENT TO THIS WEB PAGE, SO PLEASE CHECK THIS WEB PAGE FROM TIME TO TIME AS YOUR CONTINUED USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF ANY CHANGED TERMS. WE WILL, HOWEVER, POST A NOTICE FOR 30 DAYS AFTER WE'VE UPDATED THE AGREEMENT TO LET YOU KNOW THAT WE'VE MADE UPDATES.
ELIGIBILITY. You must be sixteen years old or older to register for use of the Site and/or Service, but you must be eighteen years old, or the age of majority as defined in your jurisdiction, whichever is older, to use our Featured Advertising Service. Use of the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
TERM. This Agreement will remain in full force and effect while you use this Site. If you breach this Agreement, EmployerAdNetwork may suspend your account at any time. Even after your account is terminated, or you stop using the Site or Service, certain terms of this Agreement will remain in effect, including but not limited to the license you grant to us and representations and warranties you make to us under Content Posted on or Through the Site, Ownership of Intellectual Property, Indemnity, No Warranty, Limitation of Liability, and Copyright and Trademark.
USE. Your use of the materials included on this Site is for informational purposes only. Unless you have received prior written consent from EmployerAdNetwork, you agree you will not distribute, publish, transmit, modify, display or create derivative works from, exploit, or profit from the contents of this Site or any Service in any way other than for the purpose of seeking employment or seeking and managing job prospects, career contacts or career networking on the Site or through the Service.
CONTENT POSTED ON OR THROUGH THE SITE. You understand and agree that EmployerAdNetwork may review and delete any job content, including but not limited to jobs, photos or profiles, (collectively, "Content") that in the sole judgment of EmployerAdNetwork violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.
By posting your Content to any part of the Site or through any Service, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You may remove your Content from the Site at any time. However, EmployerAdNetwork cannot guarantee that your Content will be removed from the Internet as search agents and other indexing services may retain and display a copy of a web page that EmployerAdNetwork has removed. Furthermore, Content that we have removed from the Site may persist in backup or cached copies on EmployerAdNetwork's servers for a reasonable period of time but will not be generally available to users of the Site.
You understand and agree that by posting your Content to the Site or Service, the Content that you voluntarily post, add, or submit to the Site or through a Service, will be open to the anyone on the Internet and may be found through search engines, scrapers, crawlers and aggregators.
All job advertisements must be for legitimate, lawful, current or future U.S.-based job opportunities that you intend to fill within (1) year. You agree to use our job posting Service only to post jobs for W-2 employees working in the U.S. — no independent contractors or other non-compliant jobs are allowed. Examples of non-compliant jobs include: 100% commission-based positions, volunteers, jobs that involve illegal activities (including but not limited to money laundering), jobs that involve nudity, independent sales positions, mystery shoppers, work-from-home opportunities, business opportunities, or any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement, as well as any jobs that EmployerAdNetwork deems inappropriate. EmployerAdNetwork reserves the right to permanently disable the job posting functionality of any user found to be in violation of the terms of this Agreement.
You may not Post inappropriate Content on the Site. The following is a partial list of the kind of Content that is inappropriate and prohibited on the Site. EmployerAdNetwork reserves the right to investigate and take appropriate legal action, in its sole discretion, against you if you violate these provisions, including without limitation, removing the offending Content from the Site and Service and terminating your account and/or access. Content that is prohibited includes any acts or Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- harasses or advocates harassment of another person or entity
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing ("spam" or "spamming")
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- impersonates any person or entity, including, but not limited to, a EmployerAdNetwork representative, or falsely states or otherwise misrepresents your affiliation with a person or entity
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible web page)
- displays pornographic or sexually explicit material of any kind
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- solicits passwords or personally identifying information for commercial or unlawful purposes from other users
- engages in commercial activities and/or sales without our prior written consent, including, but not limited to contests, sweepstakes, barter deals, advertising, and pyramid schemes, or other uses of the Site that EmployerAdNetwork deems inappropriate
- forges or manipulates headers, identifiers or other data in order to disguise the origin of any content transmitted through our Site, or to manipulate your presence on our Site
- takes any action that imposes an unreasonably or disproportionately large load on our infrastructure
- engages in any illegal activities
- uses spiders, bots or avatars to navigate this Site
- circumvents stated policies or misuses the Site or Service for purposes it was not intended, or EmployerAdNetwork deems inappropriate.
Even though all of this is strictly prohibited, you should be aware that there is a chance that in using this Site, you might be exposed to such items or behavior and, to the maximum extent allowed by law, you further waive your right to any damages (from any party) related to such exposure. You agree to use this Site and the Service in a manner consistent with any and all applicable laws and regulations.
You agree that you must evaluate, and bear all risks associated with, your use of any content posted, emailed or otherwise made available via the Site or Service. You may not rely on such content. You acknowledge and understand that EmployerAdNetwork does not pre-screen or approve content (including but not limited to the Content), but that EmployerAdNetwork shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Site or Service for violating the terms of this Agreement or for any other reason. UNDER NO CIRCUMSTANCES WILL SUPERJOBPOST BE LIABLE IN ANY WAY FOR ANY CONTENT ON THE SITE OR MADE AVAILABLE THROUGH THE SERVICE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT.
SPAMMING. You will not engage in advertising to, or solicitation of, other users of the Site or Service to buy or sell any products or services through the Site or Service. Further, you will not transmit "junk mail", "chain letters," or unsolicited mass mailings, conduct any form of "spamming", or circumvent our job posting policies while using the Site or Service. Although EmployerAdNetwork cannot monitor the conduct of its users off the Site, it is also a violation of these terms to use any information obtained from the Site or Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member or user for purposes other than in the context of your use of the Site and Service as permitted under this Agreement. In order to protect our users from such advertising or solicitation, EmployerAdNetwork reserves the right to restrict the number or type of jobs posted and/or emails sent by you, in our sole discretion.
TERMINATION OF SERVICE. You agree that EmployerAdNetwork, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site and Service (or any part thereof), immediately and without notice, and remove and/or destroy any Content within the Site or Service, for any reason, including, without limitation, if EmployerAdNetwork believes that you have acted inconsistently with the terms of this Agreement. Further, you agree that EmployerAdNetwork shall not be liable to you or any third party for any termination of your access to the Site or Service. Further, you agree not to attempt to use the Site or Service after said termination.
JOB POSTING SERVICE. You may use our Job Posting Service, by following the Job Posting instructions or submitting an XML Feed with all required information, including a valid credit card or I.O. number. If you use our Job Posting Service, you agree to comply with our current rules and processes and pay us the applicable amount(s), which are nonrefundable. All fees are payable upon demand on your credit card (American Express, Discover, Visa or MasterCard). By advertising your job with the Job Posting Service you authorize us to charge your credit card for amounts due. You may terminate your use of the Job Posting Service at any time by deleting your job posting.
PAYMENT. You shall be charged based on the number of jobs you purchase. You shall pay all charges in US dollars. Charges are exclusive of taxes. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees EmployerAdNetwork incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Refunds (if any) are at the discretion of EmployerAdNetwork and only in the form of advertising credit for EmployerAdNetwork Properties. You acknowledge and agree that any credit card and related billing and payment information that you provide to EmployerAdNetwork may be shared by EmployerAdNetwork with companies who work on EmployerAdNetwork's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to EmployerAdNetwork and servicing your account. EmployerAdNetwork may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. EmployerAdNetwork shall not be liable for any use or disclosure of such information by such third parties.
JURISDICTION. This Agreement shall be governed by the laws of the State of Illinois, without reference to its conflicts of law principles. Any dispute arising from or related to this Agreement or the use of the Service or Site shall be resolved exclusively in the state and federal courts located in Springfield, IL, and you agree to submit to the exclusive jurisdiction of and venue in such courts. EmployerAdNetwork makes no representation that materials on the Site are appropriate or available for use in locations outside the United States. If you access this Site from outside the United States, be advised that this Site may contain references to products and services that are not available to you, or are regulated or prohibited in your country.
LINKS. Some links on the Site will allow you to connect with sites that are not under EmployerAdNetwork's control. EmployerAdNetwork is providing these links only as a convenience. The appearance of a link does not imply EmployerAdNetwork's endorsement of, and EmployerAdNetwork is not responsible for the contents of, any linked site. You access the linked sites at your own risk.
OWNERSHIP OF INTELLECTUAL PROPERTY. This Agreement does not transfer from EmployerAdNetwork to you or any user any proprietary technology developed and/or owned by EmployerAdNetwork or any intellectual property rights owned or otherwise held by EmployerAdNetwork, including incorporated into or used to provide the Service. To the extent that you provide any feedback, suggestions or improvements to EmployerAdNetwork regarding the Site or Service ("Feedback"), you hereby grant to EmployerAdNetwork a nonexclusive, perpetual, irrevocable, royalty-free, fully-paid worldwide license to use, reproduce, sublicense, modify, adapt, distribute and otherwise exploit such Feedback.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. EmployerAdNetwork respects the intellectual property of others, and we ask our users to do the same. EmployerAdNetwork may, in appropriate circumstances and at its discretion, disable and/or terminate access to the Site or the Service for users who may be infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide to EmployerAdNetwork the following information:
- an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- a description of the copyrighted work or other intellectual property that you claim has been infringed
- a description of where the material that you claim is infringing is located on the Site
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf
INDEMNITY: You agree to indemnify, defend and hold harmless EmployerAdNetwork from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses arising out of any unauthorized uses you may make of any material on the Site or any breach by you of this Agreement.
NO WARRANTY. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. SUPERJOBPOST RESERVES THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE THE SPECIFICATIONS OF PRODUCTS AND SERVICES OFFERED ON THIS SITE. USE OF THE SERVICE IS AT YOUR OWN RISK. SUPERJOBPOST DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SUPERJOBPOST DOES NOT WARRANT THAT THE SERVICE OR SITE WILL BE UNINTERUPTED, ERROR-FREE, OR COMPLETELY SECURE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF SUPERJOBPOST IS AWARE OF THEM.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUPERJOBPOST SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPERJOBPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND/OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE AND/OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICE.
COPYRIGHT AND TRADEMARK. Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress, trademarks, service marks, and/or other intellectual property owned by EmployerAdNetwork or by other parties that have licensed their material to EmployerAdNetwork. EmployerAdNetwork trademarks and service marks on the Site represent some of the trademarks or service marks currently owned or controlled by EmployerAdNetwork in the United States and/or in one or more other countries. All rights not expressly granted are reserved by EmployerAdNetwork, Inc.
Notification Procedures. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to our customers or web site users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the relevant EmployerAdNetwork website, as determined by us in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications to our customers or web site users.
ENTIRE AGREEMENT. For jobseekers, trial users, subscribers and members, this Agreement represents the entire agreement between you and EmployerAdNetwork with respect to the subject matter hereof.