Availability of Website
For as long as we operate it, we shall provide and seek to update, improve and expand the Website. As a result, we allow you to access our Website as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue our Website, partially or entirely, in our sole discretion. All of these changes shall be effective upon their posting on our Website or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and/or discard any content available as part of your account, with or without notice, if deemed by us to be contrary to these Terms of Use. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using our Website.
Privacy Policy
Our Privacy Policy is incorporated herein by this reference and made an integral part hereof. You should review our Privacy Policy carefully before agreeing to use our Website because our Privacy Policy governs our treatment of information about you, including personally identifiable information that you submit to use when you create a profile or when you participate in the features available at My Account. Please note that certain Content that you may submit to us, or message boards or blogs that you subscribe or contribute Content to might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any Content to us is completely voluntary on your part.
SnagAJob.com Intellectual Property
All of the design, text, and graphics of our Website, as well as the selection and arrangement thereof, are © 2010 SnagAJob.com, Inc., All Rights Reserved. SnagAJob.com, SnagAJob.com and design, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE and LOG ON. FIND A JOB. GET TO WORK are our registered federal trademarks. The Website images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website are the property of their respective owners.
You may download and print a single copy of the Website for your personal use, provided that the content of the Website must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to compliance@snagajob.com.
Our Website contains material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website.
Collection and Use of Your Content by Us
The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website, and we will use reasonable efforts to delete your information from our then existing files.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (i) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce these Terms of Use; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (iv) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of SnagAJob.com, our Members or the public.
While we appreciate hearing from you and welcome your comments regarding our Website, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website, please be specific in your comments regarding our Website and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a "Submission"), such Submission shall immediate become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
Monitoring
We are under no obligation to monitor the information residing on or transmitted through our Website. However, you agree that we may monitor content on our Website (1) to comply with any applicable laws, regulations or other government requests; (2) to operate our Website properly or to protect us and/or Sponsors or advertisers; and (3) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted to our Website that we believe is unacceptable or in violation of these Terms of Use.
No Professional Advice
None of the services, materials, content, or information available on or through our Website constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
Links to Other Sites
Our Website may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an "as is" basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website). Nothing on our Website shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
Limitation of Liability and Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET GENERALLY. OUR WEBSITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE, (2) THE QUALITY AND SECURITY OF OUR WEBSITE, OR (3) THE INABILITY TO ACCESS OUR WEBSITE OR ITS CONTENT, INCLUDING WHETHER OUR WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE. WHEN USING OUR WEBSITE, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB THROUGH OUR WEBSITE, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Limitation of Damages and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH SECTION III (O) ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SHALL (1) APPLY REGARDLESS OF WHETHER (a) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (b) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (c) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND (2) NOT APPLY TO ANY DAMAGE THAT WE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS OF USE. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF OUR WEBSITE OR THE CONTENT.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Website, or its content, must be brought within one (1) year of the date on which the event giving rise to such claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and us (or any of our Sponsors) as a result of these Terms of Use or your use of our Website.
Certain Legal Requirements
Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in them will diminish our right to comply with law enforcement requests or requirements relating to your use of our Website or information provided to or gathered by us with respect to such use.
Agreement
These Terms of Use represent the entire binding agreement between you and us, and our respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding us, our Website or the content thereon. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No Extraterritoriality
We are based in Glen Allen, Virginia in the United States of America. We make no representation that our Website is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws. If you access the Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Termination
Mutual rights of termination.
You may terminate these Terms of Use, for any or no reason, at any time, with notice to us. This notice will be effective upon our processing your notice. We may terminate these Terms of Use for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your account with us includes disabling your access to our Website and may also bar you from any future use of our Website.
Misuse of the Services.
We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website. Misuse of our Website includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in its sole discretion, deem contrary to the purpose of the Website. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Effect of Termination.
Upon the termination of your account with us, you lose access to our Website. In addition, we may block access to our Website from an IP address or range of IP addresses associated with those of terminated Members.
Survivability
The following provisions of these Terms of Use survive the expiration or termination of these Terms of Use for any reason whatsoever: Website Security Rules; Indemnification; SnagAJob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website and is accessible on our Website in a way that constitutes copyright or trademark infringement, please review our procedure for Complaint Procedure Regarding Content Posted on the SnagAJob.com Website.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (1) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (2) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
Other
These Terms of Use constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website or any content or other material used or displayed on our Website.
Entities that SnagAJob.com owns a fifty percent (50%) or greater interest in (an "Affiliate") are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you.
The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
For further information relating to these Terms of Use, or to report a problem regarding the Website, please contact compliance@snagajob.com, or call SnagAJob.com's Support Line 1-877-461-SNAG (7624).