1. Introduction. Please read this web page carefully. It contains
the Terms and Conditions governing your access to and use of the
TheJobPlanet Web Site. If you do not accept these Terms and Conditions or
you do not meet or comply with their provisions, you may not use the Site.
If you are an employer using the Site, you may have entered into a Service
Agreement with TheJobPlanet, in which case these Terms and Conditions,
including the Exhibits attached hereto, are part of and incorporated into
that Service Agreement. These Terms and Conditions are effective as of March
1, 2006.
2. Binding Agreement. These Terms and Conditions, together with
all Exhibits to these Terms and Conditions (as they may be amended from time
to time by TheJobPlanet) form a binding agreement (the "Agreement") between
you and TheJobPlanet, LLC. Your access to or use of the Site indicates your
acceptance of these Terms and Conditions. You are agreeing to use the Site
at your own risk.
3. Certain Definitions. The following definitions apply to this
Agreement: "TheJobPlanet Web Site" or the "Site" includes
www.TheJobPlanet.com in its entirety and its related sites owned or operated
by TheJobPlanet, and includes their Content, Text, Graphics, Design,
Programming and Services as applicable in the context.
"Content" includes all Text, Graphics, Design and Programming used on the
Site. "Text" includes all text on every page of the Site, whether editorial,
navigational, or instructional. "Graphics" includes all logos, buttons, and
other graphical elements on the Site, with the exception of paid advertising
banners.
"Design" includes the color combinations and the page layout of the Site.
"Programming" includes both client-side code (HTML, JavaScript, etc.) and
server-side code (Active Server Pages, VBScript, databases, etc.) used on
the Site.
"Document" refers to any posting to the Site, whether job or resume.
"Services" means any services provided on the Site by TheJobPlanet or its
agents. "User" refers to any individual or entity who uses any aspect of the
Site. "Job Seeker" means a User who is accessing the Site to search for a
job or in any other capacity except as an Employer.
"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.
"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
4. Acceptable Use of the Site.
4.1 General Use Rules. The Site is intended for individuals
seeking employment and for employers or recruiters seeking candidates for
employment. You may use this Site only for lawful purposes within the stated
context of TheJobPlanet's intended and acceptable use of the Site.
TheJobPlanet is the sole interpreter of the Site’s intended and acceptable
use
4.2 License to Use by Users who are Job Seekers. TheJobPlanet
hereby grants you a limited, terminable, non-exclusive right to access and
use the Site 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 Site solely for your personal, noncommercial use. You agree
that you are solely responsible for the content of any Document you post to
the Site and any consequences arising from such posting. Your use of the
Site is a privilege. TheJobPlanet reserves the right to suspend or terminate
that privilege for any reason at any time, in its sole discretion.
4.3 License to Use by Users who are employers. TheJobPlanet hereby
grants you a limited, terminable, non-exclusive right to access and use the
Site 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 Site solely for your personal use directly related to using the Site for
the purpose of searching and recruiting job prospects. Users of the Resume
Database please see our Resume Database
Terms
and Conditions, which are incorporated herein by reference, for further
clarification. You may not sell, transfer or assign any products or services
or your rights to any products or services (including access to the Resume
Database) provided by TheJobPlanet to any third party without the express
written authorization of TheJobPlanet. You agree that you are solely
responsible for the content of any Document you post to the Site and any
consequences arising from such posting. TheJobPlanet reserves the right to
suspend or terminate your access and use at any time if TheJobPlanet
determines that you are in breach of any of these Terms and Conditions.
4.4 Other Specific Rules. You represent, warrant and agree that
you will not use (or plan, encourage or help others to use) the Site 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
Site complies with these Terms and Conditions and all applicable laws.
4.5 House Rules for Posting, Conduct and Security. You agree to
comply with the "House Rules" for posting, conduct and security on the Site,
which are attached hereto as Exhibit A.
5. Intellectual Property Rights. The Site and all right, title and
interest in and to the Site is the sole property of TheJobPlanet 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 and
Conditions, TheJobPlanet 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 Site. "TheJobPlanet,"
the TheJobPlanet design logo and certain other names or logos are service
marks or trademarks of TheJobPlanet, and all related product and service
names, design marks and slogans are the service marks or trademarks of
TheJobPlanet. 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 TheJobPlanet's trademarks, service marks and
copyrights. All other product and service marks contained on the Site are
the trademarks of their respective owners.
6. Disclaimers and Limitations on TheJobPlanet's Liability.
6.1 Allocation of Responsibility TheJobPlanet assumes no
responsibility for Documents posted by Users and no responsibility for the
activities, omissions or other conduct of Users. TheJobPlanet acts as a
portal for the online distribution and publication of User submitted
information and has no obligation to screen communications or information in
advance and is not responsible for screening or monitoring Documents posted
by Users. If notified by a User of a Document which allegedly does not
conform to this agreement, TheJobPlanet may investigate the allegation and
determine in good faith and in its sole discretion whether to remove or
request the removal of such Document. TheJobPlanet has no liability or
responsibility to Users for performance or nonperformance of such
activities. TheJobPlanet may take any action with respect to User submitted
information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by TheJobPlanet. Nothing on the Site shall be
considered an endorsement, representation or warranty with respect to any
User or third party, whether in regards to its web site, products, services,
hiring, experience, employment or recruiting practices, or otherwise.
6.3 No Guaranty of Results. TheJobPlanet is not an employment
agency or a recruiting firm, and makes no representations or guarantees
regarding the effectiveness or timeliness of the Site in meeting the
employment objectives of Users. TheJobPlanet does not guarantee that
Documents posted 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.
6.4 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED. TheJobPlanet, 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. TheJobPlanet MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) TheJobPlanet DOES NOT WARRANT THAT THE SITE 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 SITE RESULTS DIRECTLY OR INDIRECTLY IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TheJobPlanet IS NOT
RESPONSIBLE FOR THOSE COSTS.
(ii) TheJobPlanet makes no representations or guarantees regarding the
truthfulness, accuracy, completeness, timeliness or reliability of any
Documents posted by Users, or of any other form of communication engaged in
by Users. Documents may contain inaccuracies or typographical errors. You
agree that any reliance on Documents posted by Users, or on any other form
of communication with Users, will be at your own risk.
(iii) TheJobPlanet makes no representations or guarantees regarding the
Content of the Site, including, but not limited to, broken links,
inaccuracies or typographical errors.
6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE
INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR
CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL TheJobPlanet (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR
ANY NON-DIRECT DAMAGES 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 SITE AND/OR ANY DOCUMENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
TheJobPlanet IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE 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 ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN
TheJobPlanet'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES
SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL TheJobPlanet (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR
ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE
AN EMPLOYER WITH A SERVICES AGREEMENT WITH TheJobPlanet, THE AMOUNTS
ACTUALLY PAID BY YOU TO TheJobPlanet UNDER THIS AGREEMENT IF GREATER THAN
US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you
agree that TheJobPlanet will be entitled to equitable relief upon a breach
of this agreement by you.
7. Payment of Services upon Termination of Service Agreement. If
at any time during the course of this Agreement you should terminate a
Service Agreement in which these Terms and Conditions have been incorporated
by reference, not to include your termination in the case of breach of this
Agreement or the Service Agreement by TheJobPlanet, TheJobPlanet shall
reserve the right to receive all payments from you for the Services that you
order. If you pay or have paid through Paypal, it is the responsibility of the buyer to cancel any recurring
subscriptions. We do not refund unused portions of any service. If your
account is not paid through PayPal, you may cancel your account
here. Accounts must be cancelled with at
least 24 hours notice to avoid recurring charges. Under no circumstances
will we offer partial or full refunds.
8. Links to Other Sites. TheJobPlanet contains links to third
party web sites. These links are provided solely as a convenience to you and
not as an endorsement by TheJobPlanet of the contents on such third-party
web sites. TheJobPlanet is not responsible for the content of linked
third-party sites and does not make any representations regarding the
content or accuracy of materials on such third-party web sites. If you
decide to access linked third-party web sites, you do so at your own risk.
9. Amendments to this Agreement and Changes to Site. TheJobPlanet
may revise this Agreement s at any time by updating this page. Changes will
be binding on you on the date they are posted on the Site (or as otherwise
stated in the any notice of such changes). Any use of the Site will be
considered acceptance by you of the then-current Terms and Conditions
(including any Exhibits thereto). If at any time you find the Terms and
Conditions unacceptable, you may not use the Site any longer. Any new or
different terms supplied by you are specifically rejected by TheJobPlanet
unless TheJobPlanet agrees to them in a signed writing specifically
including those new or different terms. TheJobPlanet may change the Site at
any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless
TheJobPlanet (and its officers, directors, employees and agents) from and
against any third party 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 Site, any
Document posted by you, or your breach of this Agreement. TheJobPlanet 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.
11. User Information. The
Privacy Policy
posted on the Site is incorporated into this Agreement by this reference.
The Privacy Policy governs data collected through
TheJobPlanet’s on-line operations only. Please note, as set forth in the
Privacy Policy, that TheJobPlanet may collect
certain personal information from Users and may contact Users periodically
in accordance with the terms of the Privacy Policy. In addition,
TheJobPlanet reserves the right to comply, in its sole discretion, with
legal requirements, requests from law enforcement agencies or requests from
government entities, even to the extent that such compliance may require
disclosure of certain information collected from Users.
12. Questions and Notices. Questions concerning the use of the
Site should be directed to
Feedback. Notices
shall be sent, for TheJobPlanet, to the address listed on the Site, and, for
you, to the address submitted by you or such other address as TheJobPlanet
reasonably determines is an appropriate address for you.
13. General. TheJobPlanet contact information is listed on the
Site. The TheJobPlanet 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 Site. If you access TheJobPlanet from
outside of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. This Agreement and your
Service Agreement, if you have one, are governed by the internal substantive
laws of the State of Illinois, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this Agreement or your
Service Agreement shall lie exclusively with the state or federal courts in
the State of Illinois. The sole relationship between You and TheJobPlanet is
that of independent contractors. If any provision of this Agreement 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 this Agreement, which shall remain in full force and
effect. All provisions of this Agreement shall survive termination except
those granting access or use to the Site, and you shall cease all your use
and access thereof immediately. You may not assign or transfer your
obligations under this Agreement. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other
term. Except as expressly provided by TheJobPlanet in a particular "Legal
Notice," or software license or material on particular Web pages of the
Site, this Agreement and your Service Agreement where applicable, constitute
the entire agreement between you and TheJobPlanet.
Exhibit A -House Rules regarding Posting, Conduct and Security
TheJobPlanet is the sole interpreter of these rules. Users who violate
these rules may have their access and use of the Site suspended or
terminated, at TheJobPlanet's discretion. TheJobPlanet reserves the right to
change these rules in accordance with the amendment policy in the Terms and
Conditions to which this Exhibit A is attached.
A1. Posting Rules:
(a) Your Document may not contain: (i) URLs or links to Web sites (to
advertise your company or Web site, see our
Advertising Info page.); (ii) copyrighted material (unless you own the
copyright or have the owner's permission to post the copyrighted material);
(iii) trade secrets (unless you own them or have the owner's permission to
post them); (iv) material that infringes on or misappropriates any other
intellectual property rights, or violates the privacy or publicity rights of
others; (v) keywords or white text keywords (including any words embedded in
the Document and hidden from the User); (vi) anything that is sexually
explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or
hateful; or (vii) anything that is embarrassing or offensive to another
person or entity.
(b) You may not use your Document(s) to: (i) impersonate another person,
living or dead; (ii) post false, inaccurate or misleading information; (iii)
post advertisements or solicitations of business (including, but not limited
to, Email Processors, Project 21, franchises, "club memberships,"
distributorships, or anything requiring a monetary investment by the User,
including a request for payment to obtain job listings); (iv) post chain
letters or pyramid schemes; or (v) post opinions or notices, commercial or
otherwise.
(c) Your Document(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. Documents that encourage the
User to "email for more details" are not permitted. Documents from any third
party charging a fee or restricting complete access to all resume
information are prohibited.
(d) Job postings must be individual openings for traditional, W-2 or 1099
employees.
(e) Resume postings must contain the accurate resume of a living
individual seeking employment on a full-time, part-time, or contractual
basis on his or her own behalf.
(f) TheJobPlanet is under no obligation to monitor the Documents posted
on the Site, but it may monitor Documents at random. Documents found to
violate the above Posting Rules may be removed at TheJobPlanet's discretion.
A2. Conduct Rules:
(a) 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 by our competitors are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the
confidentiality of your information and password. You are responsible for
all uses of your registration, whether or not authorized by you. If others
use your password to post inappropriate material on the Site, you risk
losing your access to the Site. You agree to notify TheJobPlanet immediately
of any unauthorized use of your registration and password.
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