|JobCentral Terms and Conditions
Governing your access and use of the JobCentral National Employment Network
1. Introduction: Please read the following information carefully. It contains the terms and conditions governing your access and use of the JobCentral National Employment Network (hereinafter "JobCentral") website. If you do not accept these Terms and Conditions hereinafter "Terms"), or you do not meet or comply with their provisions and parameters, you may not use JobCentral. If you are an employer using JobCentral, you may have entered into a separate agreement with DirectEmployers Association (hereinafter "the Association), the entity that owns and operates JobCentral, in which case these Terms are incorporated by reference into that agreement
2. Acceptance of Terms: JobCentral provides its service to you subject to the following Terms. Said Terms may be updated by the Association from time to time without notice to you. You can review the most current version of the Terms at http://www.jobcentral.com/tandc.asp. In addition, when using a particular JobCentral service, you as well as the Association, shall be subject to any posted or un-posted guidelines or rules applicable to such services which may develop from time to time. All such guidelines or rules, including all "SPAM" policies, are hereby incorporated by reference into the Terms. JobCentral may also offer other services that are governed by different terms of service by other "third party" websites.
3. Binding Agreement: These current Terms (and as they may be amended from time to time by the Association) form a binding agreement between you and the Association. Your access to or use of JobCentral indicates your acceptance of these Terms. Further, you are agreeing to use JobCentral at your own risk.
4. Description of Service: JobCentral is an INTERNET based service owned and operated by the Association that provides national online employment services. It is established that you further understand and agree that the service may include certain communications from the Association, such as administrative messages and service announcements, and said communications are considered part of the JobCentral service and you will not be able to opt out of receiving said communications. Unless explicitly stated otherwise, any new features that augment or enhance the current services, provided by the Association, including the release of new JobCentral properties, shall be subject to these Terms. You understand and agree that the aforementioned services are provided "AS-IS" and that the Association assumes no responsibility for the deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the JobCentral service and said access may involve "third party" fees, such as Internet service provider fees or airtime charges. You are responsible for all equipment necessary to access the Association's service.
5. Definitions: The following are definitions of terms that are used in or apply to the information contained herein:
6. General Use Rules for Acceptable Website Use: The Association's website is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this website only for lawful purposes within the stated context of the Association's intended and acceptable use of the website. The Association is the sole interpreter of the website's intended and acceptable use.
- "Content": includes all text, graphics, design and programming used on the website.
- "Design": includes the color combinations and the page layout of the website.
- "Employer" means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.
- "Graphics": includes all logos, buttons, and other graphical elements on the website, with the exception of paid advertising banners.
- "JobCentral website": includes www.jobcentral.com in its entirety and its related sites that are owned or operated by the Association, and includes their content, text, graphics, design, programming and services as applicable in the context.
- "Job Seeker" means a user who is accessing the website to search for a job or in any other capacity except as an employer.
- "Materials": refers to any posting to the website.
- "Services" means any services provided on the web by DirectEmployers Association, Inc., or its agents or members, or JobCentral.
- "Text" includes all text on every page of the website, whether editorial, navigational, or instructional.
- "Third Party" includes an person or entity not directly specified in this Agreement.
- "User" refers to any individual or entity who uses any aspect of the website.
- "You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
7. License to Use by Employers Users: The Association hereby grants you a limited, terminable, non-exclusive right to access and use the website 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 website solely for your personal use directly related to using the website for the purpose of searching and recruiting job prospects. The Association reserves the right to suspend or terminate your access and use at any time if the Association determines that you are in breach of any of these Terms and Conditions.
8. License to Use by Job Seekers Users: The Association hereby grants you a non-exclusive, limited, terminable, right to access and use the website 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 website solely for your personal, noncommercial use. Your use of the website is a privilege. The Association reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
9. Other Specific Rules for Acceptable Website Use: You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the website for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the website complies with these Terms.
10. Rules for Posting, Conduct and Security: You agree to comply with the Association's rules for posting, conduct and security on its website. The Association is the sole interpreter of these rules. Users who violate these rules may have their access and use of the website suspended or terminated, at the Association's discretion. The Association reserves the right to change these rules in accordance with the amendment policy in the Terms. Said rules on posting, conduct and security are as follows:
10.1. General: The Association contact information is listed on the website. The Association 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 Association's website. If you access JobCentral from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms shall lie exclusively with the State or Federal courts in the State of Indiana. You and the Association's sole relationship is that of independent contractors. If any provision of these Terms 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 these Terms, which shall remain in full force and effect. All provisions of these Terms shall survive termination except those granting access or use to the website, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by the Association in a particular "Legal Notice," or software license or material on particular web pages of the website, these Terms constitute the entire agreement between you and the Association.
10.2. Posting Rules:
10.3. Conduct Rules:
- "Your Material(s) may NOT contain:
- links to any website(s) other than your own;
- copyrighted material (unless you own said copyright or have the owner's permission to post the copyrighted material);
- trade secrets (unless you own said trade secrets or have the owner's permission to post them);
- material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
- anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or
- anything that is embarrassing or offensive to another person or entity;
- request for personal services;
- jobs that pay by commission only;
- jobs that do not pay at least minimum wage;
- jobs that require the applicant, or employee, to make a capital investment;
- jobs that require the applicant, or employee, to attend unpaid training;
- any language other than English.
- You may NOT use your Material(s) to:
- impersonate another person, living or dead;
- post false, inaccurate or misleading information;
- post advertisements or solicitations of business (including, but not limited to, Multi-Level Marketing [MLM] positions, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User);
- post chain letters or pyramid schemes; or
- post opinions or notices, commercial or otherwise.
- Your materials(s) must contain sufficient detail to convey clearly to the user the nature and requirements of the job opportunity, or your qualifications as a candidate for employment.
- Material(s) that encourage the user to "email for more details" are not permitted. Material(s) 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.
- The Association will take reasonable care to insure the quality of its web site, however it is under no obligation to monitor the posted materials. The Association may monitor posted materials at random.
Material(s) found to violate the above Posting Rules may be removed at the Association's discretion and the fees associated with said posting shall be forfeited by the User.
10.4. Security 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.
- Report inappropriate postings or conduct to: email@example.com
- You may not delete or revise any material posted by any other person or entity.
- If at any time during the term of this Agreement the Association comes to the understanding that you misled the Association of your business practices and/or services, and/or purchased services that do not represent your precise business, the Association reserves the right to terminate this Agreement and your use privileges immediately.
- The Association is under no obligation to monitor the conduct of its users, but it may investigate and respond when violations are reported.
11. Intellectual Property Rights: The website and all right, title and interest in and to the website is the sole property of the Association or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms, the Association reserves for itself and its licensors all other right, title and interest, without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate web pages on the JobCentral website, the JobCentral design logo and certain other names or logos are service marks or trademarks of the Association, and all related product and service names, design marks and slogans are the service marks or trademarks of the Association. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by the Association's trademarks, service marks and/or copyrights. All other product and service marks contained on the website are the trademarks of their respective owners.
- Users are prohibited from violating or attempting to violate the security of the website, including, without limitation:
- accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, or other acts such as "overloading" or "flooding";
- sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Violation of these Security Rules may result in civil or criminal liability. The Association 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.
12. Limitation of the Association's Liability regarding Allocation of Responsibility: The Association assumes no responsibility for materials posted on the website by a user(s) and no responsibility for the activities, omissions or other conduct of a user(s).
13. Disclaimer of Endorsements by the Association: Nothing on the website shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise.
14. Disclaimer of Guaranty of Results: The Association is not an employment agency nor a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the website in meeting the employment objectives of users (other than specific items agreed to in contracts or agreements with individual employer users). The Association does not guarantee that materials posted on its website by users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any user.
15. Disclaimer Errors and Accuracy of Materials Posted to the Website: The Association makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any materials posted by users, or of any other form of communication engaged in by Users. Materials may contain inaccuracies or typographical errors. You agree that any reliance on materials posted by users, or on any other form of communication with users, will be at your own risk. Further, the Association makes no representations or guarantees regarding the content of the Website, including, but not limited to, broken links, inaccuracies or typographical errors
16. WARRANTY DISCLAIMERS: THE WEBSITE IS PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE ASSOCIATION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE ASSOCIATION MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE. WITHOUT LIMITATION TO THE FOREGOING THE ASSOCIATION DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE ASSOCIATION IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH SUCH REPLACEMENTS.
17. ALLOCATIONS OF LIABILITY, EQUITABLE RELIEF AND DAMAGE LIMITATIONS: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE INTERNET GENERALLY, AND THE MATERIALS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE. IN NO EVENT SHALL THE ASSOCIATION (OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DAMAGES, DIRECT OR NON-DIRECT, WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND/OR ANY MATERIAL POSTED ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ASSOCIATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GIVEN THAT 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 OF THE AFOREMENTIONED LIMATATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE ASSOCIATION'S MAXIMUM LIABILITY TO YOU FOR ANY DIRECT OR NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00) FOR A "JOBSEEKER" USER IN THE AGGREGATE AND ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT PAID FOR POSTING, WHICHEVER IS GREATER, BY AN "EMPLOYER" USER IN THE AGGREGATE. IN NO EVENT SHALL THE ASSOCIATION (OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT OR NON-DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF ONE HUNDRED U.S.DOLLARS ($100.00), OR, IF YOU ARE AN EMPLOYER WITH AN AGREEMENT WITH THE ASSOCIATION, THE AMOUNTS ACTUALLY PAID BY YOU TO THE ASSOCIATION UNDER THIS AGREEMENT IF GREATER THAN ONE HUNDRED US DOLLARS ($100.00). DUE TO THE NATURE OF THESE TERMS, IN ADDTION TO MONEY DAMAGES, THE ASSOCIATION, WILL BE ENTITLED TO RELIEF UPON A BREACH OF THESE TERMS BY YOU AS A USER.
18. Payment of Services upon Termination: If at any time during the course of this Agreement you should terminate this Agreement, not to include your termination in the case of breach of this agreement by the Association, the Association shall reserve the right to receive all payments from you of the services used by you up to termination and for fifty percent (50%) of the remaining unused portion, if any exist, of this Agreement.
19. Links to Other Sites: The Association contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Association of the contents on such third-party websites. The Association is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
20. Amendments to this Agreement and Changes to the Website: The Association may revise these Terms at any time by updating this page. Changes will be binding on you on the date they are posted on the website (or as otherwise stated in the any notice of such changes). Any use of the website will be considered acceptance by you of the then-current Terms. If at any time you find the Terms unacceptable, you may no longer use the website. Any new or different terms supplied by you are specifically rejected by the Association unless the Association agrees to them in a signed writing specifically including those new or different terms. The Association may make changes to the website at any time.
21. Indemnity of the Association: You agree to defend, indemnify, and hold harmless the Association (and its officers, directors, Members, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the website, any Material posted by you, or your breach of these Terms. The Association shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
23. Notices and Question: Questions concerning the use of the website should be directed to firstname.lastname@example.org. Notices for the Association shall be sent to the address listed on the website, and, for you, to the address submitted by you or such other address as the Association reasonably determines is an appropriate address for you.
24. NACElink User Agreement: When using NACElink, users agree to use the system within the terms and conditions of the NACElink User Agreement.