Terms for Database Use |
|
1.
|
|
Access
Authority and Conditions.
Subject to
compliance with each of the terms of this Agreement, TheJobPlanet
agrees to permit You to access the TheJobPlanet Resume Database (the
"Resume Database") via the Site for the purpose of viewing and/or
downloading a single copy of available resumes solely for Your use.
Following are certain requirements regarding such access:

|
|
|
1.1
|
|
The Resume
Database is to be accessed and used solely by You. Upon Your
successful registration for Resume Database membership, You will be
provided with a password that will permit You to access the Resume
Database. You may not provide Your password or otherwise permit access
to the Resume Database to any third party. You may not provide or
distribute such resumes to any third party. You are responsible for
protecting and keeping Your password confidential.

|
|
|
1.2
|
|
You may not use
the Resume Database in any way which, in TheJobPlanet’s reasonable
judgment, adversely affects TheJobPlanet’s business or business
prospects, the performance or function of the Site or the Resume
Database or interferes with the ability of other members.

|
|
|
1.3
|
|
You may not use
the Resume Database for any purpose other than as an employer seeking
employees, including but not limited to using the information in the
Resume Database to sell or promote any products or services.

|
|
|
1.4
|
|
TheJobPlanet
may terminate, update, alter or supplement all or any part of the
Resume Database offering at any time. By permitting access to the
TheJobPlanet Resume Database, TheJobPlanet does not convey any
interest in or to the Resume Database or any other TheJobPlanet
property or services. All right, title and interest in and to the
Resume Database is and shall remain in TheJobPlanet.

|
|
|
1.5
|
|
You agree that
Your access to the Resume Database will be in compliance with any
additional usage requirements provided by TheJobPlanet from time to
time.

|
2.
|
|
Subscription
Period.
This Agreement
shall commence as of the date you click “I accept”, agreeing to be
bound by the terms of this Agreement (the “Effective Date”) and shall
continue for the duration of the Subscription Period selected and
prepaid in full by You (”Subscription Period”), unless terminated
earlier by TheJobPlanet as provided herein. You may not cancel this
Agreement for any reason during the Subscription Period.

|
3.
|
|
Disclaimer
of Warranties.
THE RESUME
DATABASE MEMBERSHIP AND USE OF THE TheJobPlanet RESUME DATABASE ARE
PROVIDED "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING
OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE
CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE
RESUME DATABASE. THE TheJobPlanet RESUME DATABASE IS GIVEN OR ASSUMED
BY TheJobPlanet OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS,
CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST
EXTENT PERMITTED BY LAW. TheJobPlanet MAKES NO WARRANTY WITH RESPECT
TO THE ACCURACY OR COMPLETENESS OF THE RESUMES. TheJobPlanet DOES NOT
WARRANT THAT YOUR USE OF THE TheJobPlanet RESUME DATABASE WILL BE
UNINTERRUPTED, SECURE OR ERROR FREE.

|
4.
|
|
Limitation
of Liability.
IN NO EVENT
WILL TheJobPlanet BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR
PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR
INABILITY TO ACCESS THE RESUME DATABASE) ARISING HEREUNDER OR IN
CONNECTION HEREWITH, EVEN IF TheJobPlanet HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR PENALTIES. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, IN NO EVENT SHALL TheJobPlanet'S TOTAL
AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES
OR LOSS TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR
CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL
SUBSCRIPTION FEES ACTUALLY PAID BY YOU.

|
5.
|
|
Indemnification.
You will, at
Your sole cost and expense, indemnify and hold TheJobPlanet, and its
affiliates and its assigns and their respective officers, directors,
employees, agents, successors and assigns harmless from and against
any and all claims, losses, damages, judgments, costs and expenses
(including attorneys’ fees and expenses) arising out of or related to
Your use of the Resume Database or any breach of the terms hereof in
any manner. You shall permit TheJobPlanet to participate in any such
action to the extent that, in TheJobPlanet's judgment, TheJobPlanet
may be prejudiced thereby, and You shall not settle any such action
without the prior written consent of TheJobPlanet.

|
6.
|
|
Amendments.
TheJobPlanet reserves the right to modify the terms and conditions of
this Agreement or provide additional usage requirements in its sole
discretion at any time by posting a revised version hereof or by
otherwise making such revised terms available for review by You. Any
such modifications will supersede all prior versions after the revised
version has been posted or otherwise made available as described
above. Your continued use of the Resume Database after posting or
availability constitutes Your agreement to the revision.

|
7.
|
|
Authority.
You
represent and warrant that the person accepting this Agreement has
full right and authority to enter into this Agreement on Your behalf.

|
8.
|
|
Controlling
Law and Jurisdiction.
This Agreement
shall be governed by and construed in accordance with the laws of the
State of Illinois. The exclusive jurisdiction for any action relating
to this Agreement shall be a federal or state court in Cook County,
Illinois, and the parties consent to such jurisdiction.

|
9.
|
|
Force
Majeure TheJobPlanet
shall not be liable or responsible for any delay or failure in
performance if such delay or failure is due to causes beyond its
control.

|
10.
|
|
No
Assignment.
You may not
assign this Agreement or any of your rights hereunder. Any such
attempted assignment shall be null and void.

|
11.
|
|
Entire
Agreement.
This Agreement
contains the entire agreement of the parties with respect to the
subject matter hereof and supersedes any prior written or oral
agreements between them with respect thereto.
|
|
|