COPYRIGHT NOTICE. Copyright 2009 JobMarks.com., All Rights Reserved. JOBMARKS PROVIDES THIS WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE MEMBERS TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOU MAY NOT COMPLETE YOUR REGISTRATION, AND THUS BECOME A MEMBER, AND USE THE WEBSITE WITHOUT AGREEING TO COMPLY WITH ALL OF THE MEMBERS TERMS AND CONDITIONS SET FORTH BELOW. BY REGISTERING FOR A USER NAME AND PASSWORD, YOU AGREE TO ABIDE BY ALL OF THE MEMBERS TERMS AND CONDITIONS SET FORTH BELOW.
1. General
This Membership Agreement, including the Rules describes the terms and conditions applicable to your use of the Website. If you have questions concerning these terms and conditions, please contact JobMarks at info@jobmarks.com.
JobMarks may amend this Agreement at any time by posting the amended Agreement on the Website. Amendments shall be effective as of the date of any such amendment is posted. In addition, JobMarks will notify Members of amendments to this Agreement through the JobMarks website. Without limiting the generality or effect of the foregoing, JobMarks may also add, delete or modify some or all of our services at any time at JobMarks's sole discretion.
The Website is available to any qualified participants who are capable of forming legally binding contracts under applicable law. Qualified participants include any other person or entity deemed qualified by JobMarks in its sole discretion. Notwithstanding anything to the contrary contained in this Agreement, JobMarks may refuse to accept an application for membership in its sole discretion and may terminate or limit a Member's use of the Website at any time in JobMarks's sole discretion.
2. Terms and Conditions Between Members
This Agreement, including, without limitation, governs the Rules and your Fee Arrangement, the Member's use of the Website and participation in the Website and constitutes acceptance of the Member's Terms and Conditions. However, the specific terms and conditions of a Member's employment and/or contracting relationship with another Member are established between job seeker and recruiter, subject to compliance with JobMarks's Fees and Referral Fees, see paragraph 3.
JobMarks is merely a venue to introduce job seekers and recruiters. JobMarks does not set or endorse its Member job seekers, Member recruiters, salaries/compensation, contract/employment terms, performance, job skills, or the legal ability to engage in either work or employment. JobMarks does not and cannot control the actions of job seekers or recruiters.
3. JobMarks Subscription Fees
Member recruiters or employers who subscribe to our services are subject to subscription fees. Such fee is due and payable upon the signing up for our paid services. Subscription fees are not refundable. Subscriptions will be automatically renewed each month unless a 30-day written notice is submitted by the members. If payment is not received within 30 days, a finance charge of 5% per month may be added to the account. Such fee and any applicable interest shall be due and payable regardless of whether members are actively using our services or not.
For more information, please contact Customer Service at customerservice@jobmarks.com.
4. System Integrity
Member agrees to comply with all applicable local, state, federal, and international laws, statutes, rules and regulations relating to Member's use of the Website, including without limitation all applicable tariff and trade laws and intellectual property laws.
Member shall not provide access to the Website to other persons through use of Member's User Name and Password. The Member is solely responsible to ensure that it takes no action or omits to take any action which in either case results in any other person utilizing Member's User Nameand Password. JobMarks is specifically not responsible for the unauthorized use of any Member's User Name or Password. JobMarks assumes no responsibility for unauthorized transactions. Member agrees not to (i) access the Website or attempt to access the Website with any other Member's User Name or Password, (ii) acquire or attempt to acquire any other Member's User Name or Password or (iii) assist any other person in acquiring or attempting to acquire any other Member's User Name or Password or access to the Website through any other Member's User Name or Password.
Member agrees not to disclose other Members' confidential information consistent with accepted employment practices. Member may not use other member information contained in the Website to engage in competition with JobMarks. In addition, Member agrees not to disclose JobMarks's confidential information, such as Passwords. Without limiting the foregoing, Member will disseminate its Password within Member's own organization only on a need-to-know basis. Member agrees not to invade another Member's privacy in any way. This includes, but is not limited to, the breach or attempted breach of the security of another Member's computer, software or data without the knowledge and express consent of such Member. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.
5. Intellectual Property Matters
Member acknowledges that the JobMarks Website, general Member information such as Members' addresses and company information and JobMarks's application, business process, and/or operation shall be the exclusive property of JobMarks. JobMarks's use of data will be made in accordance with JobMarks's Privacy Policy, see paragraph 12 of this Agreement. JobMarks may share information concerning any Member with any third parties without the prior written consent of that Member. All third party content published on the Website is property of the respective copyright owners and may not be copied or distributed in any way by Members for commercial purposes.
The content on this Website is protected by international copyright law. You may print and download portions of the materials solely in connection with your use of the services provided on this Website. In downloading materials from the Website, you agree not to change or delete any proprietary notices, trademarks and the like from any materials provided therein. Any other copying, redistribution, publication or retransmission of any portion of this material is strictly prohibited without express written consent of JobMarks.com. Requests for re-use should be directed to JobMarks and will not necessarily be granted.
6. Disclaimer Of Warranties
JobMarks provides the website on an "as is" and "as available" basis and without warranty or condition, express or implied. Each member agrees that use of the website is at the member's sole risk. JobMarks expressly disclaims all warranties of any kind, including, but not limited to (i) any implied warranty of merchantability, (ii) any warranty of fitness for a particular purpose or non-infringement, (iii) any warranty that service will be continuous, uninterrupted and/or error-free, (iv) warranties as to the quality, identity or reliability of any job seeker or recruiter whether you should do business with such job seeker or recruiter, and (v) warranties as to the accuracy of postings made on the website by or on behalf of job seeker or recruiter. The parties desire and agree to comply fully with all applicable laws, rules and regulations. Specifically, the parties agree that the website is not to be utilized to facilitate collusion or other conduct in violation of applicable antitrust laws.
The Website serves as the venue for the matching of job seekers and recruiters. JobMarks is not involved in the actual transactions between Members. Accordingly, JobMarks has no control over the truth or accuracy of postings, the ability of job seekers to perform work or recruiters to legally employee or contract. Because JobMarks is not involved in the Member-to-Member Transactions, in the event of any dispute between Members, each Member hereby releases JobMarks and its officers, directors, agents and employees from any claims and damages of every nature arising out of or in any way connected with such dispute.
7. Limitation of Liability
As a condition of membership to the Website, and in consideration of the services provided by JobMarks, Member agrees that neither JobMarks, nor any officer, affiliate, director, shareholder, agent or employee of JobMarks will be liable to Member or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with this agreement or the relationship between member and JobMarks, including without limitation:
a. The use of the Website by the Member, including, but not limited to damages resulting from or arising from Member's reliance on the Website, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, missed deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Website;
b. The termination of Member's membership by JobMarks pursuant to the Member's Terms and Conditions;
c. The accuracy of any representation made by any Member, job seeker or recruiter;
d. The breach, or alleged breach, of any guarantee, express or implied, relating to any such employment or contracting relationship; or
e. Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond JobMarks's reasonable control.
The limitations set forth in this section do not apply to the gross negligence or willful misconduct of JobMarks and its affiliates (excluding Members), subcontractors, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
The maximum liability of JobMarks to any member under this agreement shall not exceed the amount paid by that member to JobMarks under this agreement.
8. Indemnification
Without limiting the generality or effect of any other provision of this Agreement, as a condition of membership, each Member agrees to indemnify, hold harmless, and defend JobMarks, and each of its officers, directors, affiliates, subcontractors, agents, and employees against all claims, liabilities, damages and costs, including without limitation reasonable attorneys fees, incurred by JobMarks (except to the extent that such claims, liabilities, damages or costs are the result of the willful misconduct or gross negligence of JobMarks or its officers, directors, agents, employees or subcontractors), including without limitation any action based on a claim that: (i) if true, would constitute a breach of any of Member's representations, warranties or agreements hereunder, (ii) arises out of the negligence or willful misconduct of Member or its directors, officers, employees or agents, (iii) any content or material posted on the Website by Member infringes or violates any rights of third parties, including without limitation rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets and/or licenses and (iv) any product sold on the Website failed to meet specifications, breached any warranty or was defective in any way.
9. Termination and Expiration
a. Termination Rights. Either JobMarks or Member may immediately terminate this Agreement at any time with or without cause by notice in writing or by e-mail.
b. Member Obligations Upon Termination or Expiration. Member agrees that, upon termination of this Membership Agreement, Member will:
c. Survival. All warranties made by Member in this Agreement and the provisions of Sections 2, 3, 4, 5, 6, 7, 8, 10 and 11 shall survive the termination of this Agreement.
10. Dispute Resolution and Applicable Law
This Membership Agreement and the relationship between Member and JobMarks shall be governed by and construed in accordance with the laws of the State of California without giving effect to any provision of California law that would cause the laws of any other jurisdiction to apply, except to the extent that U.S. federal patent, trademark or copyright law is applicable. Member and JobMarks hereby irrevocably submit to the exclusive jurisdiction of any court of the State of California or the United States sitting in Santa Clara County, California, for any action or proceeding arising out of or related to this Agreement or the relationship between Member and JobMarks.
11. Other General Provisions
This Agreement and the referenced Rules and your Fee Arrangement, constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written and prior or contemporaneous verbal agreements. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Any waiver of a right under the terms of this Agreement must be in writing and signed by an authorized officer of the waiving party. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement which shall remain in full force and effect. This Agreement may not be assigned or transferred to third parties by Member without prior written permission from JobMarks.
12. JobMarks's Privacy Statement
JobMarks is committed to protecting your privacy. The only information collected supports your needs at this Website. Secured Sockets Layer (SSL) may be utilized to encrypt information transmitted between the website and you. Cookies are used but not for storage of private information. They are only used to remember your username and certain preferences. The information collected is used to process transactions and to provide customized reporting.
Due to the nature of our business, JobMarks will disclose your resume and contact information to our customers. Your resume (excluding contact information) may be visible by third party search engines and users of those search engines if you made your resume public. You may make it private at any time.
By using the JobMarks Website, you consent to the collection and use of information by JobMarks. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
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