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ONLINE JOB POSITIONS.COM. WEBSITE TERMS OF USE
IMPORTANT -- PLEASE READ
Thank you for visiting the website (the "Website")
on which you found the link to these Terms Of Use (the "Website").
The Website is an Internet property of onlinejobpositions.com
(referred to collectively as "onlinejobpositions," "we" and "us"). You
agree to be bound by these onlinejobpositions Website Terms of Use ("Terms
of Use"), in their entirety, when you: (a) access the Website; (b)
register for a newsletter or subscribe to a mailing list or request
information by and through the Website ("Subscription Services");
(c) register to participate in promotions, contests and/or
sweepstakes offered by onlinejobpositions from time to time (each, a
"Contest"); (d) join, or attempt to join, an affiliate program or
other membership organization featured on the Website ("Membership
Services"); and/or (e) order a product and/or service through the
Website ("Vendor Services, and together with the Subscription
Services and Membership Services, the "Services"). onlinejobpositions
Privacy Policy ("Privacy Policy"), the Official Contest Rules
applicable to each Contest, onlinejobpositions Purchase Agreement(s)
("Purchase Agreement"), onlinejobpositions Membership Agreement(s)
("Membership Agreement"), as well as any other operating rules,
policies, price schedules and other supplemental terms and
conditions or documents that may be published from time to time, are
expressly incorporated herein by reference (collectively, the
"Agreement"). Please review the complete terms of the Agreement
carefully. If you do not agree to the Agreement in its entirety,
you are not authorized to use the Services and/or Website in any
manner or form.
onlinejobpositions SPECIFICALLY DENIES ACCESS TO THE WEBSITE AND/OR
SERVICES BY ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN'S ONLINE
PRIVACY PROTECTION ACT OF 1998, AS AMENDED ("COPPA"). onlinejobpositions
RESERVES THE RIGHT TO DENY ACCESS TO THE SERVICES AND/OR WEBSITE TO
ANY INDIVIDUAL, IN ITS SOLE AND EXCLUSIVE DISCRETION.
SCOPE AND MODIFICATION OF THE AGREEMENT
You agree to the terms and conditions outlined in the Agreement with
respect to your use of the Website. The Agreement constitutes the
entire and only agreement between you and onlinejobpositions with respect
to your use of the Website and supersedes all prior or
contemporaneous agreements, representations, warranties and/or
understandings with respect to the Website. We may amend the
Agreement from time to time in our sole discretion, without specific
notice to you. The latest Agreement will be posted on the Website,
and you should review the Agreement prior to using the Website. By
your continued use of the Website and/or Services, you hereby
agree to comply with all of the terms and conditions contained
within the Agreement effective at that time. Therefore, you should
regularly check this page for updates and/or changes.
REQUIREMENTS
The Website and Services are available only to individuals who can
enter into legally binding contracts under applicable law. The
Website and Services are not intended for use by individuals under
the age of eighteen (18). If you are under the age of eighteen (18),
you do not have permission to use and/or access the Website and/or
Services.
DESCRIPTION OF THE SERVICES
Subscription Services
Subject to the terms and conditions of the Agreement, by registering
on the Website and receiving approval from onlinejobpositions, you can
obtain, or attempt to obtain, for a fee or for no fee, the
Subscription Services. The Subscription Services will provide you
with e-mail content, text and other materials ("Subscription
Content") relevant to online marketing provided by onlinejobpositions and
its third party partners ("Third Party Providers"). If you would
like to discontinue receipt of the Subscription Content, simply
email us at info@onlinejobpositions.com. The Subscription
Content contains comments, opinions and/or other materials that are
provided by onlinejobpositions and Third Party Providers, and should not
necessarily be relied upon. Please use caution, common sense and
safety when using the Subscription Content and/or Subscription
Services. You agree that onlinejobpositions shall have no obligations and
incur no liabilities to you in connection with any such
Subscription Content. onlinejobpositions does not represent or
warrant that the Subscription Content made available in connection
with the Subscription Services is accurate, complete or appropriate.
You understand and agree that onlinejobpositions is not responsible or
liable in any manner whatsoever for your inability to use the
Subscription Services and/or Subscription Content. You understand
and agree that onlinejobpositions shall not be liable to you, any end-users
or any third party, for any claim in connection with any of the
Subscription Services.
Membership Services
Subject to the terms and conditions of the Agreement and the
Membership Agreement, by registering on the Website, agreeing to the
Membership Agreement and receiving approval from onlinejobpositions, you
can obtain, or attempt to obtain, for a fee or for no fee, a
Membership in one of the various Membership programs that onlinejobpositions offers. For a copy of the Membership Agreement, please visit
the website for the specific Membership. onlinejobpositions Membership
programs will enable you to access content, text and other materials
("Member Content" and together with the Subscription Content, the
"Content") provided by onlinejobpositions and certain Third Party
Providers, designed to assist Members in their online marketing
ventures. The Member Content contains comments, opinions and other
materials that are provided by onlinejobpositions Third Party Providers,
and should not necessarily be relied upon. Please use caution,
common sense and safety when using the Member Content and/or
Membership Services. You agree that onlinejobpositions shall have no
obligations and incur no liabilities to you in connection with any
such Member Content. onlinejobpositions does not represent or warrant that
the Member Content made available in connection with the Membership
Services is accurate, complete or appropriate. You understand and
agree that onlinejobpositions is not responsible or liable in any manner
whatsoever for your inability to use the Membership Services and/or
Member Content. You understand and agree that onlinejobpositions shall not
be liable to you, any end-users or any third party, for any claim in
connection with any of the Membership Services.
Vendor Services
By completing the applicable purchase order forms, you can obtain,
or attempt to obtain, certain products and/or services from the
Website. The products and/or services featured on the Website may
contain descriptions that are provided directly by the Third Party
Provider manufacturers or distributors of such items. onlinejobpositions
does not represent or warrant that the descriptions of such items
are accurate or complete. You understand and agree that onlinejobpositions
is not responsible or liable in any manner whatsoever for your
inability to obtain products and/or services from the Website or for
any dispute with the product's seller, distributor and end-user
consumers. You understand and agree that onlinejobpositions shall not be
liable to you or any third party for
any claim in connection with any of the products and/or services
offered on the Website.
General
The information that you must supply in connection with registering
for the Services may include, without limitation, some or all of the
following: (a) your full name; (b) company name; (c) e-mail
address; (d) mailing address (and billing address if different); (e)
home telephone number; (f) work telephone number; (g) telecopier
number; (h) credit card information; and/or (i) any other
information requested on the applicable registration form ("Service
Registration Data"). You agree to provide true, accurate, current
and complete Service Registration Data. onlinejobpositions has the
right to reject any Service Registration Data where it is
determined, in the sole and exclusive discretion of onlinejobpositions,
that: (i) you are in breach of any portion of the Agreement; and/or
(ii) the Service Registration Data that you provided is incomplete,
fraudulent, a duplicate or otherwise unacceptable. onlinejobpositions may
change the Registration Data criteria at any time, in its sole
discretion.
Unless explicitly stated otherwise, any future offer(s) made
available to you on the Website that augment(s) or otherwise
enhance(s) the current features of the Website shall be subject to
the Agreement. You understand and agree that onlinejobpositions is not
responsible or liable in any manner whatsoever
for your inability to use and/or qualify for the Services. You
understand and agree that onlinejobpositions shall not be liable to you or
any third party for any modification, suspension or discontinuation
of any Services or other product, service or promotion offered by
onlinejobpositions and/or any of its Third Party Providers. If onlinejobpositions
terminates the Agreement and/or any Services for any reason, onlinejobpositions shall have no liability or responsibility to you. You
understand and agree that refusal to use the Website is your sole
right and remedy with respect to any dispute that you may have with
onlinejobpositions.
CONTESTS
From time-to-time, onlinejobpositions offers promotional prizes and other
awards via Contests. By providing true and accurate information in
connection with the applicable Contest registration form, and
agreeing to the Official Contest Rules applicable to each Contest,
you can enter for a chance to win the promotional prizes offered
through each Contest. To enter into the Contests featured on the
Website, you must first fully complete the applicable entry form.
You agree to provide true, accurate, current and complete Contest
Registration Data. onlinejobpositions has the right to reject any Contest
Registration Data where it is determined, in the sole and exclusive
discretion of onlinejobpositions, that: (i) you are in breach of any
portion of the Agreement; and/or (ii) the Contest Registration Data
that you provided is incomplete, fraudulent, a duplicate or
otherwise unacceptable. onlinejobpositions may change the Registration
Data criteria at any time, in its sole discretion.
LICENSE GRANT
As a user of the Website, you are granted a non-exclusive,
non-transferable, revocable and limited license to access and use
the
Website, Content and associated material in accordance with the
Agreement. onlinejobpositions may terminate this license at any time for
any reason. You may use the Website and Content on one computer for
your own personal, non-commercial use. No part of the Website,
Content, Contests and/or Services may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical. You may not use, copy, emulate, clone, rent, lease,
sell, modify, decompile, disassemble,
reverse engineer or transfer the Website, Content, Contests and/or
Services or any portion thereof. onlinejobpositions reserves any rights
not explicitly granted in the Agreement. You may not use any
device, software or routine to interfere or attempt to interfere
with the proper working of the Website. You may not take any action
that imposes an unreasonable or disproportionately large load on
onlinejobpositions's infrastructure. Your right to use the Website,
Content, Contests and/or Services is not transferable.
PROPRIETARY RIGHTS
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion, software, services and other
matters related to the Website, Content, Contests and Services are
protected under applicable copyrights, trademarks and other
proprietary (including, but not limited to, intellectual property)
rights. The copying, redistribution, publication or sale by you of
any part of the Website, Content, Contests and/or Services is
strictly prohibited. Systematic retrieval of material from the
Website, Content, Contests and/or Services by automated means or any
other form of scraping or data extraction in order to create or
compile, directly or indirectly, a collection, compilation, database
or directory without written permission from onlinejobpositions is
prohibited. You do not acquire ownership rights to any content,
document, software, services or other materials viewed at or through
the Website, Content, Contests and/or Services. The posting of
information or material on the Website, or by and through the
Services, by onlinejobpositions does not constitute a waiver of any right
in or to such information and/or materials. The onlinejobpositions name
and logo, and all associated graphics, icons and service names, are
trademarks of onlinejobpositions.com All other trademarks
appearing on the Website or by and through the Services are the
property of their respective owners. The use of any trademark
without the applicable owner's express written consent is strictly
prohibited.
HYPERLINKING TO THE WEBSITE, CO-BRANDING, "FRAMING" AND/OR
REFERENCING THE WEBSITE PROHIBITED
Unless expressly authorized by onlinejobpositions, no one may hyperlink the
Website, or portions thereof (including, but not limited to,
logotypes, trademarks, branding or copyrighted material), to their
website or web venue for any reason. Further, "framing" the Website
and/or referencing the Uniform Resource Locator ("URL") of the
Website in any commercial or non-commercial media without the prior,
express, written permission of onlinejobpositions is strictly prohibited.
You specifically agree to cooperate with the Website to remove or
cease, as applicable, any such content or activity. You hereby
acknowledge that you shall be liable for any and all damages
associated therewith.
EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit and/or delete
any documents, information or other content appearing on the
Website.
DISCLAIMER
THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS
THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR
ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH
THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING,
BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR
FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, onlinejobpositions MAKES NO WARRANTY THAT: (A) THE
WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT
YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY
OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE
WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES,
CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE
FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY
FOR THE CONTESTS AND/OR SERVICES; OR (D) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, CONTESTS, CONTENT,
ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD
PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU
MAY APPLY FOR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE
WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT
YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY
OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE
WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET
CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM onlinejobpositions, ANY OF
ITS THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE WEBSITE,
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitors download information from the Website at their own risk.
onlinejobpositions makes no warranty that such downloads are free of
corrupting computer codes including, but not limited to, viruses and
worms.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT onlinejobpositions SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF onlinejobpositions
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST
EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE
THE WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS
THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR
ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH
THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES
PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH,
THE WEBSITE; (C) THE FAILURE TO QUALIFY FOR THE CONTESTS, SERVICES
OR THIRD PARTY PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS, OR
ANY SUBSEQUENT DENIAL OF THIRD PARTY PRODUCTS FROM SAME; (D) THE
UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA;
AND (E) ANY OTHER MATTER RELATING TO THE INABILITY TO USE THE
WEBSITE, SERVICES, CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT
YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY
OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE
WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE
AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH
OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND
ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE onlinejobpositions AND ALL OF
onlinejobpositions'S THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN.
IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM
LIABILITY OF onlinejobpositions TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL
BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH
ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
YOU AND onlinejobpositions. THE INABILITY TO USE THE WEBSITE, SERVICES,
CONTESTS, CONTENT, ANY THIRD PARTY PRODUCTS THAT YOU MAY RECEIVE
FROM ONE OF OUR THIRD PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE WEBSITE WOULD NOT
BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
INDEMNIFICATION
You agree to indemnify and hold onlinejobpositions.com, each of
their parents, subsidiaries and affiliates, and each of their
respective members, officers, directors, employees, agents,
co-branders and/or other partners, harmless from and against any and
all claims, expenses (including reasonable attorneys' fees),
damages, suits, costs, demands and/or judgments whatsoever, made by
any third party due to or arising out of: (a) your use of the
Website, Services, Content and/or entry into any Contest; (b) your
breach of the Agreement; and/or (c) your violation of any rights of
another individual and/or entity. The provisions of this paragraph
are for the benefit of onlinejobpositions.com, each of their
parents, subsidiaries and/or affiliates, and each of their
respective officers, directors, members, employees, agents,
shareholders, licensors, suppliers and/or attorneys. Each of these
individuals and entities shall have the right to assert and enforce
these provisions directly against you on its own behalf.
THIRD PARTY WEBSITES
The Website may provide links to and/or refer you to other Internet
websites and/or resources including, but not limited to, those owned
and operated by Third Party Providers. Because onlinejobpositions has no
control over such third party websites and/or resources, you hereby
acknowledge and agree that onlinejobpositions is not responsible for the
availability of such third party websites and/or resources.
Furthermore, onlinejobpositions does not endorse, and is not responsible or
liable for, any terms and conditions, privacy policies, content,
advertising, services, products and/or other materials at or
available from such third party websites or resources, or for any
damages and/or losses arising therefrom.
PRIVACY POLICY/VISITOR INFORMATION
Use of the Website, and all comments, feedback, information,
Registration Data and/or materials that you submit through or in
association with the Website, is subject to our Privacy Policy. We
reserve the right to use all information regarding your use of the
Website, and any and all other personally identifiable information
provided by you, in accordance with the terms of our Privacy Policy.
To view our Privacy Policy, please
Click Here.
LEGAL WARNING
Any attempt by any individual, whether or not a onlinejobpositions
customer, to damage, destroy, tamper with, vandalize and/or
otherwise interfere with the operation of the Website, is a
violation of criminal and civil law and onlinejobpositions will diligently
pursue any and all remedies in this regard against any offending
individual or entity to the fullest extent permissible by law and in
equity.
CHOICE OF LAW/VENUE
Any disputes arising out of or related to the Agreement shall be
governed by and construed in accordance with the laws of the State
of Arizona (without regard to conflict of law principles). Should a
dispute arise concerning the Agreement, the parties agree to submit
their dispute for resolution by arbitration before the American
Arbitration Association in Phoenix, Arizona in accordance with the
then current Commercial Arbitration Rules of the American
Arbitration Association. Any award rendered shall be final and
conclusive to the parties and a judgment thereon may be entered in
any court of competent jurisdiction. Nothing herein shall be
construed to preclude any party from seeking injunctive relief in
order to protect its rights pending an outcome in arbitration. To
the extent permitted by law, you agree that you will not bring, join
or participate in any class action lawsuit as to any claim, dispute
or controversy that you may have against onlinejobpositions.com. and
each of their legal representatives, affiliates, subsidiaries,
parents, agencies and their respective members, officers, directors,
employees and agents. You agree to the entry of injunctive relief
to stop such a lawsuit or to remove you as a participant in the
suit. You agree to pay the attorney's fees and court costs that
onlinejobpositions incurs in seeking such relief. The Agreement does not
constitute a waiver of any of your rights and remedies to pursue a
claim individually and not as a class action in binding arbitration
as provided above. This provision preventing you from bringing,
joining or participating in class action lawsuits is an independent
agreement. Should any part of the Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force
and effect.
CONTACT US
If you have any questions regarding the Agreement, or would like
more information from us, please contact us at:
info@onlinejobpositions.com
onlinejobpositions.com.
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