Agreement between you and Human Services Career Network
The scope of these Terms is limited strictly to the use of HSCareers by Users. Agreeing to these terms in no way confers an obligation upon Users to purchase services from HSCareers.
You should read these Terms carefully. You understand and agree that the Listing Services described below are provided to Users exclusively under these Terms by HSCareers. By use of this web site, you are stating the following:
- You are 18 years of age or older;
- You have read and understand all of the terms of these Terms;
- You agree to be bound by the terms in effect and as updated by HSCareers from time to time.
HSCareers reserves the right to change, add or remove portions of these Terms at any time. If HSCareers decides to change the Terms, the changes will appear in this document, which you can access at any time by selecting http://www.HSCareers.com/policies/termsofuse.asp. Any such changes shall be effective upon posting on this web site. If you continue to use the Listing Service after HSCareers has notified subscribers of the change you are agreeing to be bound by all of the changes.
- Limited Right of Use
- In consideration of your performance of the obligations under these Terms, HSCareers grants you a limited, non-transferable, non-exclusive, revocable right for the term of these Terms to access and use the Listing Service, provided that you have met all of your obligations under these Terms.
- Description of Listing Service
- Once you have created an account with HSCareers, our Listing Service allows you to (1) search our web site; and (2) view the placement and form of listings available on our site ("Listing Space").
- Your HSCareers Account
- Before you may access the Listing Service, you must create an account with HSCareers by providing certain contact information and creating a login password for your account ("Account").
- Billing Information
- Users using paid services agree to provide HSCareers with accurate and complete billing information. If your billing information changes after you have established your Account, you agree to provide accurate, updated information to HSCareers by accessing the Account Login Page http://www.HSCareers.com/employers/login.asp no later than thirty (30) days from the date of the change in your contact information.
- Billing Disputes
- In the event that you reasonably dispute all or part of your Account information provided on the Account Manager Page, you must provide in writing, in sufficient detail for HSCareers to investigate, the basis for such dispute by sending an e-mail message to info@HSCareers.com. Failure to provide such written objection within thirty (30) days of the date of first posting of any information on your Account Manager Page shall be deemed to be your consent that such information is undisputed.
- No Automatic Billing
- Though HSCareers offers some services on a subscription basis, it does not automatically re-subscribe or re-bill its customers for extended or renewed services. HSCareers will not bill or hold a customer responsible for any charge not specifically requested for a specific time period.
- In accepting a promotional offer for reduced price or free services, customers of HSCareers' services accept no implicit agreement to paid services, unless specifically requested.
- Listing Content
- For Listing Content that has never been previously displayed on the HSCareers web site, HSCareers reserves the right (but is not obligated) to review and approve of such first time Listing Content prior to its posting.
- HSCareers may reject, exclude, or remove Listing Content at any time and for any reason, including but not limited to the following conduct by you:
- providing misleading or deceptive Listing Content;
- operating or utilizing a web site or email link to web sites that contain or promote any of the following: libelous, defamatory, obscene, violent, bigoted or hate-oriented content, or warez; or offering any illegal good or service, or link to a web site that does so;
- engaging in spamming, indiscriminate or unsolicited commercial email;
- infringing any third party's copyright, trademark, trade secret, right of publicity, right of privacy, or any other intellectual property or proprietary rights;
- engaging in any illegal activity of any type, including but not limited to displaying illegal content on your web site or affiliated web sites or offering any illegal good or service through your web site or affiliated web sites.
- Listing Content that, in HSCareers's sole discretion, exposes or potentially exposes HSCareers to criminal liability or to public ridicule.
- Moreover, if you engage in any of these activities, you shall be subject to immediate termination or deactivation of your access to the Listing Service as set forth in these Terms, as well as referral by HSCareers to the relevant law enforcement agencies where appropriate. You shall remain solely responsible for your Listing Content, and the content of your web site. HSCareers is not in any way responsible for your business practices, the practices of your web site, or the content of your web site or affiliated sites.
- This right to monitor, exclude, or remove Listing Content shall not place on HSCareers an obligation to monitor or exert editorial control over your Listing Content, or your web site(s). You acknowledge that you must evaluate, and bear all risks associated with your use of any Listing Content.
- HSCareers as an Internet Service Provider
- Each party understands that: (1) HSCareers assumes no liability or responsibility for any Listing Content or material of any kind that you post on the HSCareers site, or that you obtain or develop from third parties to be used in your Listing Content; and (2) HSCareers is a provider of interactive computer services under the Communications Decency Act, and (3) HSCareers shall have no liability or responsibility with respect to any Listing Content or information placed by you or other third party Users on the Listing Space in this site, including, but not limited to, the truth, accuracy, or completeness of any such Listing Content or other information.
- Listing Service Availability and Modification
- Subject to the terms and conditions of these Terms, HSCareers shall use commercially reasonable efforts to provide the Listing Service twenty-four (24) hours a day, seven (7) days a week, throughout the term of the Terms. You acknowledge and agree that, from time to time, the Listing Service may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); Listing Service malfunctions; and causes beyond the control of HSCareers or which are not reasonably foreseeable by HSCareers, including the interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures (collectively, "Downtime"). HSCareers shall use commercially reasonable efforts to minimize any disruption, inaccessibility or inoperability of the Listing Service in connection with Downtime. As explained in more detail below, however, HSCareers makes no warranty or guarantee as to the availability, accessibility or functionality of the Listing Service.
- Change or Modification of Listing Service
- HSCareers may change, suspend, or discontinue any aspect of the Listing Service at any time, including the availability of any service, feature, database or content. HSCareers may also impose limits on certain features and services or restrict your access to parts or all of the Listing Service without notice or liability.
- If you have technical or other questions related to the Listing Service, you may contact us at email@example.com.
- Intellectual Property Ownership
- With the exception of the Listing Content you provide to HSCareers under these Terms, HSCareers shall retain all right, title and interest (including trademark, copyright and all other proprietary or intellectual property rights) in or relating to the Listing Service, the content within the Service, the HSCareers web site, and all legally protectable elements or derivative works relating to the same.
- HSCareers shall also retain all right, title and interest (including copyright, trade secret and all other proprietary or intellectual property rights) in or relating to the technology underlying the Listing Service. You will not, directly or indirectly, reverse engineer, decompile, or otherwise attempt to derive source code, object code or other trade secrets or confidential information from HSCareers and/or the Listing Service.
- Subject to the terms of these Terms, by successfully utilizing the Listing Space on HSCareers's site you grant HSCareers a worldwide, revocable, non-transferable, non-exclusive, royalty-free license to display on HSCareers's web site your Listing Content, including all trademarks, trade names, service marks, copyrighted and any other intellectual property accompanying the Listing Content, and to copy and sublicense the Listing Content, for the limited purpose of promoting your goods/services on our web site. The right to display your Listing Content is not sub-licensable by HSCareers to third parties unless otherwise authorized by your written permission.
- HSCareers shall not otherwise copy, display, transmit, sublicense, distribute or modify any Listing Content you have made available through the Listing Service, except where necessary to conform your Listing Content to a format that is compatible with the format of HSCareers's web site.
- Subject to the terms of these Terms, HSCareers grants to you a worldwide, revocable, non-transferable, non-exclusive, royalty-free license to (i) display on your website HSCareers's name and the HSCareers trademark (the "Trademarks") and (ii) to display on your web site links or buttons linking your web site to HSCareers's home page only; you may not provide links to any other HSCareers page or in any way provide "deep links" to HSCareers's site. You may not sell, distribute, transfer, or assign the Trademarks, or links to the HSCareers site. This license is granted solely for the purpose of promoting the Listing Space you purchase from HSCareers. HSCareers retains the right (i) to monitor the use of its Trademarks to ensure that such use meets HSCareers's standards of quality, and (ii) to monitor the quality of your web site and the goods and services associated with the Trademarks. HSCareers may revoke this limited Trademark license, or terminate these Terms at any time, if it determines that your use of the Trademarks does not meet HSCareers's standards of quality.
- Under these Terms, HSCareers gives you permission to use and copy, distribute, and transmit the content of the Listing Service only to the extent that such copying, distribution and transmission is automatically done through your browser software incidental to using the Listing Service. You may also print a single copy of the information displayed on the Listing Service for reference purposes only. Except as set forth above, however, you may not modify, reformat, copy, display, distribute, transmit, publish, license create derivative works from, sell or otherwise transfer any of the content of the Listing Service. This means that, among other things, you may not mirror on your own web site any portion of the Listing Service or display through your web site any results pages or other information form the Listing Service without HSCareers's express, written permission.
- WARRANTY LIMITATION
- THIS LISTING SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND YOUR USE OF THE LISTING SERVICE IS AT YOUR OWN RISK. AS PROVIDED ABOVE, HSCAREERS WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN ACCEPTABLE PERFORMANCE OF THE LISTING SERVICE. HOWEVER, HSCAREERS PROVIDES NO WARRANTIES WHATSOEVER AND DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING, USAGE OR TRADE PRACTICE. HSCAREERS DOES NOT WARRANT THAT THE JOB LISTING SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
- LIMITATION OF LIABILITY
- IN NO EVENT SHALL HSCAREERS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS JOB LISTING SERVICE, TO ANY INFORMATION, PRODUCT OR ANYTHING ELSE OBTAINED THROUGH THE ACCESS OR USE OF THIS ONLINE SERVICE, OR TO THE INABILITY TO USE THE ONLINE SERVICE, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HSCAREERS HAS BEEN ADVISED OF THE POSSIBILITY OR EXISTENCE OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE JOB LISTING SERVICE, AND RECEIVE A REFUND OF ANY OUTSTANDING ACCOUNT BALANCES NOT OWED TO HSCAREERS.
- SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- You agree to indemnify, defend and hold harmless HSCareers, its affiliates, officers, directors, employees, and agents, from any and all losses, expenses, third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the Listing Service and/or your violation of these Terms, including without limitation your infringement of any intellectual property or other right of any person or HSCareers.
- Term and Termination
- The term of these Terms shall commence upon your usage of this web site. The term shall continue until the Terms is terminated by either party in a manner specified below.
- HSCareers may discontinue or change the availability of the Listing Service to you at any time, and you may always terminate your subscription to the Listing Service and your Account with HSCareers at any time.
- Without limiting other remedies, HSCareers may immediately issue a warning, temporarily suspend, or indefinitely suspend or terminate your Account and your access to the Listing Service, if (1) you breach these Terms; (2) fail to remedy the improper functioning of your Listing Content, or any link(s) to your web site contained therein within seven (7) days of written notification by HSCareers; or (3) in HSCareers's sole discretion, we believe that your actions may cause harm to HSCareers's business. Such activities include, but are not limited to, the conduct described and prohibited in Section 10 above.
- Your Account Upon Termination
- Upon termination by either party, your access to the Listing Service will be immediately discontinued, and your Listing Content, if any, will be removed from the HSCareers web site. Any outstanding Advertising Charges will be deducted from your Account, along with any applicable fees and taxes, and any remaining positive amount will be refunded to you by check in U.S. dollars within ninety (90) days of termination by HSCareers, or within ninety (90) days of HSCareers's receipt of your notice of termination, as provided by these Terms.
- Survival of these Terms Upon Termination
- Except as expressly provided in these Terms, all sections of these Terms, which by their nature should survive termination, shall survive termination, including, but not limited to, accrued rights to payment, warranty disclaimers, and limitations of liability. In addition, HSCareers shall retain the right after termination to keep a copy of your Listing Content, in any form, solely for the purpose of defending third party claims and maintaining complete records.
- Termination is not an exclusive remedy for HSCareers, and all other remedies will be available to HSCareers whether or not the license is terminated.
- Confidential Information
- You shall be responsible for all use and activity on your Account and for loss, theft, or unauthorized disclosure of your password. You shall provide HSCareers with prompt written notification to info@HSCareers.com of any known or suspected unauthorized use of your Account or breach of security of your Account.
- Although the contact information you provide to establish your Account is shared between HSCareers and its affiliates, neither HSCareers nor any of its affiliates will disclose, transfer or sell to third parties the contact information, except under exceptional circumstances where disclosure is required by law. HSCareers and its affiliates will use commercially reasonable efforts to keep your contact information confidential.
- Contacting HSCareers
3712 Pleasant Valley Drive
Fremont Hills, MO 65714
- Miscellaneous Provisions
- The parties and their respective affiliates, employees, officers, and agents are and shall be independent contractors, and neither party by virtue of these Terms shall have any right, power or authority to create any obligation, express or implied, on behalf of the other party. these Terms, together with any Attachments, which are incorporated by reference, constitutes the entire and exclusive agreement between the parties with respect to the subject matter described herein, and supersedes all prior proposals, communications, and understandings, oral or written. Any change to or waiver under these Terms must be in writing signed by both parties; waiver in one case shall not be waiver in a subsequent case.
- Any controversy or claim arising out of or relating to these Terms, or the breach of these Terms, shall be settled by binding, non-appealable arbitration administered in Sullivan, Missouri, in accordance with the American Arbitration Association Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. these Terms is governed by the laws of the United States and the State of Alabama, without regard to any conflict of laws provisions, and the parties agree that jurisdiction and venue shall be proper exclusively in Baldwin County, Alabama. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys' fees and costs. If any provision of these Terms is deemed unenforceable or invalid, it is to that extent to be deemed omitted, and the balance of the Terms shall remain enforceable. Notwithstanding this Section 25(b), injunctive relief may be sought from and enforced by any court of competent jurisdiction.
These Terms were last revised on October 5, 2004.