LEGAL NOTICE
These "Terms and Conditions" govern your use of
LocalHelpWanted.net. They also provide notice of LocalHelpWanted.net's
policies, relating to Membership, Job Posting, Billing, Privacy, and
Acceptable Use. Please read these carefully. if you do not accept the Terms
and Conditions stated here, do not use LocalHelpWanted.net or its services. By
using any of the services found at
www.LocalHelpWanted.net, you are indicating your acceptance to be bound by
these Terms and Conditions.
LocalHelpWanted.net reserves the right to revise
these Terms and Conditions at any time at its sole discretion by updating this
posting. You should visit this page periodically to review the Terms and
Conditions, because they and all revisions are binding on you.
The terms "You" and "User", as used herein, refer
to all individuals and/or entities who are accessing this web site for any
reason.
USE OF MATERIAL
LocalHelpWanted.net authorizes our valid customers and their personnel
("users") to view and download a single copy of the material on
LocalHelpWanted.net (the "Web Site") solely for your personal, noncommercial use.
The contents of this Web Site, such as the "look" and "feel" of the Web Site,
text, graphics, images, logos, button icons, software and other "Material", are protected
under both United States and foreign copyright, trademark and other laws. As between you and
LocalHelpWanted.net, all Material is the exclusive property of
LocalHelpWanted.net or its content suppliers or customers. The compilation
(meaning the collection, arrangement and assembly and code) of all content on this Web
Site is the exclusive property of LocalHelpWanted.net and is protected by U.S.
and international copyright laws. Unauthorized use of this
Material may violate copyright, trademark, patent
and other laws. You must retain all copyrights, trademarks, service marks, and
other proprietary notices contained in the original Material on any copy you
make of the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material in any
way for any public or commercial purpose. The use of the Material on any other
web site or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML or other code that LocalHelpWanted.net
creates to generate its pages. It is also protected by LocalHelpWanted.net's
copyright.
ACCEPTABLE SITE USE
General Rules for Employers and Recruiters
" Use of any password-protected area of the web
site is restricted to the registered user(s) who have been given permission
and a password to enter such area ONLY. Entry into the members only area or
registration by any agent, employee, contractor, representative or designee of
a competitor, or company in the same job board space or any other competing person
or entity is not allowed and strictly prohibited. Entry in members only area by
the aforementioned competitors is trespassing subject to any and all criminal
trespassing laws. Furthermore registration by any competitor as previously
stated will constitute admission of theft of intellectual property
and if it can not be proved then the mere entry shows admission of intent. Any
violation of this will result in liquidated damages in the amount of $100,000
or Legal fees & expenses & lost profit whichever is less as the intent is not
penalize but to compensate for liquidated damages.
This password cannot be distributed to
others, and the registered user is responsible for any and all damages to
LocalHelpWanted.net resulting from the distribution of his or her password.
You are responsible for maintaining the confidentiality of your information
and password. You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify
LocalHelpWanted.net of any unauthorized use of your registration or password.
" You are only permitted to post ads for real jobs. Job postings must be
individual openings for traditional, W-2 or 1099 employees. Postings that
LocalHelpWanted.net does not allow include, but are not limited to: Positions
that require a monetary investment by the job seeker at any time;
Advertisements for Multi-Level Marketing (MLM) positions; Email processing
types of positions Business opportunities, that require a jobseeker to
purchase a kit, additional documents, tapes, workbooks, attend a seminar, etc;
Anything related to the adult entertainment
industry. Postings that are defined as "work at
home" or "Business opportunities" must be posted in the section designated as
"Work at Home / Business Opportunities," additionally if these
listings require a jobseeker to purchase a kit, additional documents, tapes,
workbooks, attend a seminar, or make a financial investment of any kind must
be clearly stated within the advertisement. LocalHelpWanted.net maintains the
right to place/move a posting into the "Work at Home/Business Opportunity at
its sole discretion. Accounts that are determined to be posting "Work at Home
/ Business Opportunity" advertisements will be restricted to only being
allowed to post within the "Work at Home / Business Opportunity" categories.
All information contained in postings must be clear and accurate, not
misleading in any way, containing sufficient detail. Postings must contain
enough information to allow a Job Seeker to make a reasonable informed
decision as to whether to apply or not apply.
We cannot monitor every posting to LocalHelpWanted.net, nor do we take
responsibility for the content posted by our users. However, we do randomly
monitor postings to ensure compliance with these Terms and Conditions of Use.
Interpretation of the rules is at the sole discretion of LocalHelpWanted.net.
Posting on LocalHelpWanted.netis a privilege. LocalHelpWanted.net reserves the
right to suspend that privilege on an individual basis for any reason. User
waives all rights and remedies for a refund of fees paid if in it's sole
discretion LocalHelpWanted.net removes a posting for violating our posting
terms and conditions.
You may not use any device, software, or routine to mechanically "spider",
"scrape" or otherwise extract data posted to LocalHelpWanted.net. This
includes but is not limited to: resume data extraction programs, and job
extraction data programs. Such use of any program may result in the
termination of user account, with no refund of remaining membership fees, and
may subject user to any or all legal action at our disposal.
LocalHelpWanted.net does not tolerate unsolicited commercial email (SPAM).
LocalHelpWanted.net users involved in such activity will have their accounts
suspended, with no refund of remaining membership fees and LocalHelpWanted.net
will take any and all legal action as they deem fit. Printing out or otherwise
copying or using any personally identifiable information about candidates for
purposes other than consideration of the candidates for potential employment
by your company, in the case of an employer, or for presentation to
a client in the case of a search firm is strictly
prohibited. If you are a search firm or third party recruiter you must obtain
a candidate's consent prior to presenting said candidate to a potential
employer.
PROHIBITED USE OF SITE
In connection with your use of the Web Site, you
will not: Post, transmit, distribute, store, upload, or destroy material
knowingly (A) in violation of any applicable local, state, national, or
international law or regulation, or (B) in a manner that will infringe the
copyright, trademark, trade secret, patent or other intellectual property
rights of others or violate the privacy, publicity or other personal rights of
others. Post or transmit any message, information, data, text, software or
images, or other materials ("Content") that is unlawful, harmful, threatening,
abusive, harassing, defamatory, libelous, vulgar, or obscene, tortuous
otherwise objectionable or that may invade another's right of privacy or
publicity. Impersonate any person or entity, including without limitation a
LocalHelpWanted.net employee or agent, an authorized user of
LocalHelpWanted.net's services, a candidate, recruiter, or otherwise
misrepresent your affiliation with any person or entity. Post or transmit any
Content that you do not have a right to reproduce, display or transmit under
any law or under contractual or fiduciary relationships (such as nondisclosure
agreements or the resume of an individual other than yourself). Delete or
modify any material posted by any other person or entity not related to you.
Communicate, send, or place unsolicited e-mail (SPAM), telephone calls,
mailings or other contacts to posting individuals and entities. Register an
e-mail address that you do not own or for which you do not have the express
permission of the owner to register.
Knowingly violate or attempt to violate the security of the Web Site,
including, without limitation knowingly: accessing data not intended for such
user or logging into a server or account that the user is not authorized to
access; attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization; attempting to interfere with service to any user, host or
network, including, without limitation, submitting a virus or corrupted data
to the Web Site, overloading, continuous posting of repetitive text,
"flooding", "spamming", "mail bombing" or "crashing"; sending unsolicited
advertising, promotional materials, e-mail, "junk mail", "chain letters", "phishing"
or any other form of solicitation; or forging any TCP/IP packet header or any
part of the header information in any e-mail or posting. Violations of system
or network security may result in civil or criminal liability.
LocalHelpWanted.net will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. Knowingly take any
action that imposes an unreasonable or disproportionately large load on this
Web Site's infrastructure. Except as permitted hereunder, aggregate, copy or
duplicate in any manner any of the materials or information available from the
Web Site, with out prior written consent.
DAMAGES
In light of the difficulties in proving a
violation of these Terms and Conditions, the costs associated with proving a
violation of these Terms
and Conditions and the injury to LocalHelpWanted.net that results from a
violation of these Terms and Conditions, you acknowledge and agree that you
will pay to LocalHelpWanted.net a sum of not less than $10.00 for each
violation of these Terms and Conditions and the Acceptable Site Use provisions
and Prohibited Site Use provisions contained therein. For purposes of this
section, each individual instance of unauthorized copying, distributing, or
use of LocalHelpWanted.net's property, including but not limited to,
individual resumes and individual job ads, each individual instance of
spamming through the use of information obtained from the
LocalHelpWanted.netwebsite, each individual resume spidered from the
LocalHelpWanted.net website and each instance of electronic downloading of a
resume from the LocalHelpWanted.net website shall constitute a separate and
distinct violation of these Terms and Conditions and you, therefore, agree to
pay to LocalHelpWanted.net a sum of not less than $10.00 for each such
violation. For example, if an user, without the proper authorization,
downloads 10,000 copies of any item of LocalHelpWanted.net property or sends
10,000 emails that constitute spam, as determined and measured solely by
LocalHelpWanted.net, then the user agrees to pay to LocalHelpWanted.net an
aggregated amount of $100,000.00 for such conduct.Liquidated Damages
incurred by competitors unauthorized registration as detailed above and
information so obtained used to intimidate and/or bring frivolous and/or
SLAPP styled actions or lawsuits against LocalhelpWanted.net LLC will
incur Liquidated damages in the amount of $100,000 or the actual expenses and
legal fees incurred to defend against these intimidation actions, whichever is
less as the intent is notto penalize but to compensate for damages
COSTS FOR THE ENFORCEMENT OF THESE TERMS
The user further agrees to be responsible for all
costs incurred by LocalHelpWanted.net in enforcing these Terms and Conditions.
Such costs include, but are not limited to, LocalHelpWanted.net's reasonable
attorneys' fees, all litigation costs associated with the enforcement of these
Terms and Conditions, all fees paid to experts in determining, proving and
litigating any violation of these Terms and Conditions and any other costs
incurred by LocalHelpWanted.net in the enforcement of these Terms and
Conditions.
GOVERNING LAW
These Terms and Conditions shall be governed by
and construed in accordance with the laws of the Alabama, as if entered into
and to be wholly performed in Alabama and without regard to Alabama conflicts
of law principles, and any claim or suit arising out of or relating to these
Terms and Conditions may be brought and maintained only in a court of
competent subject matter jurisdiction in the State of Alabama, with each party hereby
voluntarily submitting to the personal jurisdiction thereof.
USER INFORMATION
In addition to the terms and conditions that may
be set forth in any privacy policy on this Web Site, you understand and agree
that LocalHelpWanted.net may disclose to third parties, on an anonymous basis,
certain aggregate information resulting from information that you place on the
Web Site. LocalHelpWanted.net reserves the right to offer third party services
and products to you based on the preferences that you identify; such offers
may be made by LocalHelpWanted.net or by third parties. Please see
LocalHelpWanted.net's Privacy Policy for further details regarding your
information.
SUBMISSIONS BY USERS AND MEMBERS
LocalHelpWanted.net does not represent or
guarantee the truthfulness, accuracy, or reliability of communications posted
by users or endorse any opinions expressed by users. You acknowledge that any
reliance on material posted by other users will be at your own risk.
LocalHelpWanted.net acts as a passive conduit 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 material posted by users. If notified by a user of
communications, which allegedly do not conform to these Terms and Conditions,
LocalHelpWanted.net may investigate the allegation and determine in good faith
and its sole discretion whether to remove or request the removal of the
communication. LocalHelpWanted.net has no liability or responsibility to users
for
performance or nonperformance of such activities.
Upon written notice, LocalHelpWanted.net reserves the right to expel users and
prevent their further access to the Web Site for violating the Terms and
Conditions or the applicable laws and the right to remove communications which
are abusive, illegal, or disruptive. LocalHelpWanted.net may take any action
with respect to user-submitted information that it deems appropriate or
necessary in its sole discretion if it believes it may create liability for
LocalHelpWanted.net or may cause LocalHelpWanted.net to lose (in whole or in
part) the services of its hosting service or other suppliers.
By submitting content to any public or non-public area of the Web Site,
including but not limited to: job postings, resume postings, message boards,
forums, contests, chat rooms, testimonials areas, you grant
LocalHelpWanted.net and its affiliates the royalty-free, perpetual,
irrevocable, sub-licensable (through multiple tiers), non-exclusive right
(including any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to
the public, perform and display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or later developed, for the full term of any rights that may exist in
such content. You also warrant that the holder of any rights, including moral
rights in such content, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant the license
stated above. You also permit any subscriber to access, display, view, store,
and reproduce such content for personal use. Subject to the foregoing, the
owner of such content placed on the Web Site retains any and all rights that
may exist in such content.
MEMBERSHIP and BILLING
LocalHelpWanted.net offers various levels of
memberships for its users. The following details the rules governing
membership and billing: Job Seekers and Resume Posters Basic membership for
Job Seekers and Resume Posters is free. Basic membership includes searching
jobs, posting of a resume, accessing jobseeker related resources, and those
areas LocalHelpWanted.net may designate as FREE access areas for Job Seekers.
LocalHelpWanted.net may offer Job Seekers, Candidates, and Resume Posters
enhanced membership services either through LocalHelpWanted.net or other
third-party providers. Such upgraded services may include but are not limited
to: upgraded resume positions posting, mass resume distribution, and other
services, etc. These services are offered on a pay-for-use basis. User
agrees by accessing these services to be responsible for all fees associated
with said services and that since these services are delivered on a pay for
use basis that user waives any and all rights to refunds once they have
accessed and or used such services. Employer and/or Recruiter Subscriptions, LocalHelpWanted.net charges users for access to post jobs and view resumes.
User agrees by accessing these services to be responsible for all fees
associated with said services and that since these services are delivered on a
pay for use basis that user waives any and all rights to refunds once they
have accessed and or used such services. It is the
responsibility of the member to keep all credit card information on file with LocalHelpWanted.net. All credit card declines subject the user to a $20.00
processing fee. In the event that the user's registered credit card is unable
to be charged for the contracted fees, You acknowledge and agree that you will
be responsible for all costs incurred by LocalHelpWanted.net as a result of
sending your account to a collection agent. These costs include but are not
limited to reasonable attorney fees and 3rd party collection fees incurred. In
addition, accounts unable to be charged for the contracted fees will have all
outstanding job postings suspended/deleted until which time the account is
brought current in accordance with contracted terms. LocalHelpWanted.net will
notify users 14 days in advance of any changes in billing procedures and / or
pricing changes. User agrees to be bound by any changes to the billing
procedures and / or pricing changes, unless user notifies LocalHelpWanted.net
in accordance with its user cancellation procedures detailed in the current
terms and conditions. LocalHelpWanted.net may offer Employer / Recruiter Users
enhanced membership services either through LocalHelpWanted.net or other
third-party providers. Such enhanced services may include but are not limited
to: upgraded job posting or positioning, mass job distribution, video
services, etc. These services are offered on a pay-for-use basis. User
agrees by accessing these services to be responsible for all fees associated
with said services and that since these services are delivered on a pay for
use basis that user waives any and all rights to refunds once they have
accessed and or used such services.
Termination of Employer / Recruiter Membership,
LocalHelpWanted.net reserves the right to suspend or terminate a user's
membership for any violation of the LocalHelpWanted.net's Terms and
Conditions. Such termination or suspension may include removal of all current
job postings and termination of user's access to view resumes. Should a user's
account be terminated for violation for the LocalHelpWanted.net's Terms and
Conditions, user waives any and all right to receive refunds of any and all
unused portions of remaining membership, regardless of whether member has paid
in advance for membership privileges. cancellation of Jobseeker monthly Membership by User may
be cancelled by emailing cancelation@LocalHelpWanted.net at least 5 business days prior to
jobseekers recurring
bill date.
LIABILITY
LocalHelpWanted.net is only a venue. The Web Site
acts as a venue for (Ai) companies to post job opportunities and (B) for job
seekers to post their own resumes for the purpose of evaluating job
opportunities for themselves. LocalHelpWanted.net does not screen the
listings or other information. LocalHelpWanted.net is not involved in the
actual transaction between Listing Companies and / or companies and
candidates. As a result, LocalHelpWanted.net has no control over the quality,
safety or legality of the jobs or profiles posted, the truth or accuracy of
the listings, the ability of companies to offer job opportunities to
candidates or the ability of candidates to fill job openings. In addition,
note that there are certain potential hazards, including but not limited to
the risk of physical harm, of dealing with strangers, foreign nationals,
underage persons or people acting under false pretenses. You assume all risks
associated with dealing with other users with whom you come i
contact through the Web Site. Because user
authentication on the Internet is difficult, LocalHelpWanted.net cannot, and
does not, confirm that each user is who they claim to be. Because
LocalHelpWanted.net cannot, and does not, become involved in user-to-user
dealings or control the behavior of participants on LocalHelpWanted.net, in
the event that you have a dispute with one or more users, you release
LocalHelpWanted.net(and our agents and employees) from claims, demands and
damages
(actual and consequential, direct and indirect) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes. If
you are a California resident, you waive California Civil Code d1542, which
says: "A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor." You acknowledge that LocalHelpWanted.net does not control, and is not
under any legal obligation to control the information that is made available
through the LocalHelpWanted.net web site, and is provided by other users. By
its very nature, other people's information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled. We
expect that you will use caution and common sense when using this Web Site.
The Material may contain inaccuracies or typographical errors.
LocalHelpWanted.net makes no representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or the Material. The use of the
Web Site and the Material is at your own risk. Changes are periodically made
to the Web Site and may be made at any time. You acknowledge and agree that
you are solely responsible for the form, content and accuracy of any resume,
job posting or other material contained therein placed by you or your agents
on the Web Site. Companies are solely responsible for their postings on the
Web Site.
LocalHelpWanted.net does not warrant or guarantee that a resume or job posting
will be viewed by any specific number of users, or that it will be viewed by
any user. LocalHelpWanted.net is not to be considered to be an employer with
respect to your use of the Web Site and LocalHelpWanted.net shall not be
responsible for any employment decisions, for whatever reason made, made by
any entity posting jobs or candidate profiles on the Web Site.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL LOCALHELPWANTED.NET OR ANY OF
ITS SUBSIDIARIES OR PARENTS BE LIABLE TO ANY USER OR ENTITY FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR
PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO
USE, THE CONTENT AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LOCALHELPWANTED.NET DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LOCALHELPWANTED.NET IS NOT
RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LocalHelpWanted.net, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT.
LOCALHELPWANTED.NET ALSO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS ON THE SITE. LINKS TO OTHER SITES The Web Site contains
links to third party web sites. These links are provided solely as a
convenience to you and not as an endorsement by LocalHelpWanted.net of the
contents on such third-party Web sites. LocalHelpWanted.net is not responsible
for the content of any 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. NO RESALE OR UNAUTHORIZED COMMERCIAL USE You agree not to
resell or assign your rights or obligations under these Term and Conditions.
You also agree not to make any unauthorized commercial use of the Web Site.
TERMINATION
LocalHelpWanted.net reserves the right, at its
sole discretion, to pursue all of its legal remedies, including but not
limited to deletion of your information from this Web Site and immediate
termination of your registration with or ability to access the Web Site and/or
any other service provided to you by LocalHelpWanted.net, upon any breach by
you of these Terms and Conditions or if LocalHelpWanted.net is unable to
verify or authenticate any information you submit to the Web Site registration
with or ability to access the Web Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless
LocalHelpWanted.net, its officers, directors, employees and agents, from and
against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from your use of
the Material or your breach of the terms of these Terms and Conditions.
LocalHelpWanted.net shall provide notice to you promptly of any such claim,
suit, or proceeding and shall assist you, at your expense, in defending any
such claim, suit or proceeding.
GENERAL
LocalHelpWanted.net makes no claims that the
Materials may be lawfully viewed or downloaded outside of the United States.
If you access the Web Site from outside of the United States, you do so at
your own risk and are responsible for compliance with the laws of your
jurisdiction. These Terms and Conditions are governed by the internal
substantive laws of the Alabama, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this agreement shall lie
exclusively with the state or federal courts within the Alabama. If any
provision of these Terms and Conditions are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any term of these
Terms and Conditions shall be deemed a further or continuing waiver of such
term or any other term. Except as expressly provided in the Terms and
Services, additional terms of use for areas of the Web Site a particular
"Legal Notice," or Software License or material on particular Web pages, these
Terms and Conditions constitute the entire agreement between you and
LocalHelpWanted.net with respect to the use of Web Site. No changes to these
Terms and Conditions shall be made except by a revised posting of the Terms
and Conditions located on the Website.
ADDITIONAL TERMS OF USE
Certain areas of this Web Site are subject to
additional terms of use. By using such areas or any part thereof, you agree to
be bound by the additional terms of use applicable to such areas. Questions
concerning LocalHelpWanted.net's Terms and Conditions, should be addressed via
email to info@LocalHelpWanted.net.
LocalHelpWanted.net LLC. ("LocalHelpWanted.net",
"COMPANY," "WE," "US") PROVIDES THIS WEB SITE AND ALL SITE-RELATED SERVICES,
INCLUDING THE CONTENT AND CODE RELATED THERETO (COLLECTIVELY, THE "SITE"),
SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS We reserve the
right at any time to: Change the terms and conditions of this Agreement; Change
the Site, including eliminating or discontinuing any content on or feature of
the Site, restricting the hours of availability or limiting the amount of use
permitted; or change any fees or charges for use of the Site, including
instituting new or increased fees or charges for the use of the Site or any
other Site-related services or any feature thereof.
Any changes we make will be effective retroactively and immediately upon, without
limitation, posting on the Site or via electronic mail at our discretion. Your
use of the Site after such notice will be deemed additional acceptance of such
changes. Furthermore your registration to the members area is acceptance of a
binding agreement to any present and future terms. Be sure to review this
Agreement periodically to ensure familiarity with the most current version.
Upon our request, you agree to sign a non-electronic version of this Agreement.
You must be at least 13 years of age to use the Site.
OWNERSHIP; PROPRIETARY NOTICES
© 2006-2011 LocalHelpWanted.net Inc. All Rights
Reserved. The Site, including all pages within and all code related thereto,
is the property of LocalHelpWanted.net Inc. No portion of the materials or
code on these pages or anywhere on the Site may be reprinted or republished
(other than as is necessary to view the page on your monitor) in any form
without the express written permission of the Company. The Site is owned and
operated by us in conjunction with others pursuant to contractual
arrangements. Unauthorized use of the materials on the Site may violate
copyright, trademark, patent and other laws and is prohibited. You acknowledge
that you do
not acquire any ownership rights by using the
Site.
WARRANTY INFORMATION; DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE
LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED
"AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
LOCALHELPWANTED.NET LLC. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS,
SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT NEITHER LOCALHELPWANTED.NET LLC.,
ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY
REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE
SITE-RELATED SERVICES. LOCALHELPWANTED.NET LLC. AND ITS SUBSIDIARIES,
AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR
THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR
SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT
YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER
HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL
CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR
STATEMENT OF LocalHelpWanted.net LLC. OR ITS SUBSIDIARIES, AFFILIATES,
SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR
OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS
PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
You acknowledge that the Site could include
inaccuracies or errors, or materials that violate these Terms of Use
(specifically, the "Code of Conduct" section).
Additionally, you acknowledge that unauthorized additions, deletions and
alterations could be made by third parties to the Site. Although the Company
attempts to ensure the integrity and the accuracy of the Site, it makes no
guarantees whatsoever as to the Site's completeness or correctness. In the
event that such a situation arises, please contact us at
webmaster@localhelpwanted.net
with, if possible, a description of the material to be checked and the
location (URL) where such material can be found on the Site, as well as
information sufficient to enable us to contact you. We will try to address
your concerns as soon as reasonably practicable. The Site is only a venue
allowing for the posting by employers, recruiters and staffing agencies of
available job opportunities at their companies or companies they represent
(hereinafter referred to collectively as “employers”) and by candidates of
their own resumes. The Company does not evaluate or censor the resumes, job
listings or other information posted to the Site. Moreover, the Company is not
involved in the actual transaction, if any, between potential employers and
candidates. Consequently, we have no control over the quality, safety or
legality of the job listings or resumes posted to the Site, the truth or
accuracy of such job listings or resumes, the ability of employers to hire
candidates or the ability of candidates to fill job openings.
Because user authentication on the Internet is
difficult, the Company cannot and does not confirm that users are who they
claim to be. Because we do not and cannot be involved in user-to-user
transactions or control the behavior of the Site's users, in the event that
you have a dispute with one or more Site users, you release
LocalHelpWanted.net LLC. (and its subsidiaries, affiliates, agents and
employees) from all claims, demands and damages (actual and consequential,
direct and indirect) of any kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes. You acknowledge that there may be certain risks, including
but not limited to the risk of physical harm and of dealing with strangers,
underage persons or people acting under false pretenses, associated with
pursuing relationships begun on the Internet. You assume all risks related to
dealing with other users with whom you have had contact through the Site. You
acknowledge and agree that you are solely responsible for the form, content
and accuracy of any resume, job listing or other material you post to the
Site. The Company neither warrants nor guarantees that a resume or job posting
will be viewed by any specific number of users, or that a resume or job
listing will be viewed by any user. We are not to be considered as an employer
with respect to your use of the Site and we shall not be responsible for any
employment decisions made by any entity posting job listings or resumes to the
Site.
LIMITATION OF LIABILITY
NEITHER LOCALHELPWANTED.NET NOR ITS SUBSIDIARIES,
AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT,OR ANY CAUSE OF ACTION INCLUDING
BUT NOT LIMITED TO CLAIMS OF COPYRIGHT AND/OR ITELLUCTUAL
PROPERTY INFRINGMENT AND/OR TRADEMARK INFRINGEMENT BY ANY COMPETITOR, REGISTRATION
ON OUR SITE AT ANY TIME BY ANY AGENT,EMPLOYEE,CONTRACTOR, OR DESIGNEE OF ANY
COMPETITOR OR HELPWANTED JOB SITE CONSTITUTES ACCEPTANCE OF THIS CLAUSE AND ALL
OF THE TERMS OF LOCALHELPWANTED.NET OR ANY OF ITS DOMAINS
WE ARE NOT LIABLE FOR NEGLIGENCE, STRICT LIABILITY
OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT
CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR
CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING
THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF
ANY, TO ACCESS THE SITE.
ACKNOWLEDGMENT
This Site may contain links to other web sites
operated by third parties, other than affiliates of the Company ("Linked
Sites"). We neither control nor endorse such other web sites, nor have we
reviewed or approved any content that appears on the Linked Sites. You
acknowledge that when you click on a link to visit a Linked Site, a frame may
appear that contains the Company logo, advertisements and/or other content
selected by the Company. You acknowledge that the Company and its sponsors
neither endorse nor are affiliated with the Linked Sites and are not
responsible for any content that appears on the Linked Sites. You also
acknowledge that the owner of the Linked Site neither endorses nor is
affiliated with the Company and its sponsors.
VOID WHERE PROHIBITED; INDEMNIFICATION
Although the Site is accessible worldwide, not all
products or services discussed, referenced or made available on the Site are
available to all persons or in all geographic locations or jurisdictions. We
make no representation that materials in the Site are appropriate or available
for use in locations outside the United States. Those who choose to access the
Site from other locations do so on their own initiative and at their own risk
and are responsible for compliance with local laws if and to the extent local
laws are applicable. The Company reserves the right to limit the availability
of the Site and/or the provision of any product or service described thereon
to any person, geographic area, or jurisdiction it so desires at any time and
in our sole discretion and to limit the quantities of any such product or
service that we provide. You agree to indemnify, defend and hold us, our
affiliates, sponsors, officers, directors, employees, agents and
representatives harmless from and against any and all claims, damages, losses,
costs (including reasonable attorneys' fees), or other expenses that arise
directly or indirectly out of or from (a) your breach of this Agreement, (b)
your violation of the Code of Conduct, and/or (c) your activities in
connection with the Site or Site-related services.
CODE OF CONDUCT
While using the Site or Site-related services, you
agree not to do any of the following without our prior written
authorization: Post any inaccurate, untimely,
stale, incomplete or misleading information. Post any employment opportunity or
requirements that are inaccurate or not available with a verifiable company
that is directly represented by your office. Key code (by overuse of a skill
set, term or definition within a job posting, profile, resume or otherwise in
an effort to gain priority placement of a posting), copy other job postings as
your own, post the same position multiple times on the Site or post multiple
positions within one posting. Place any contact information within a job
posting that is different from or in addition to contact information provided
when
subscribing to the LocalHelpWanted.net service. Post any employment opportunity
that does not contain a company URL, e-mail address or "apply online"
application. Resell or make available to any person not expressly licensed by
LocalHelpWanted.net, whether via phone, fax, e-mail, mail or any other medium,
any of the LocalHelpWanted.net services or any information obtained therefore,
including without limitation the Hot list, resumes or candidate
information. Share passwords, login information or named user identification or
otherwise allow multiple offices or users to access localhelpwanted.net on a
basis that is other than what was originally subscribed for. A named user is
defined as one unique individual user with one unique password. An office is
defined as a location where a named user routinely accesses or uses
this service under express license from localhelpwanted.net.Use any search
engine, software, tool, agent or other device or mechanism, including without
limitation browsers, spiders, robots, avatars or intelligent agents (other
than those made available by localhelpwanted.net on the Site or other
generally available third party web browsers, e.g., Netscape Navigator, Opera,
Firefox, or Microsoft Internet Explorer), to navigate or search the Site.
Allow
job postings or employment requirements to remain posted on the Site for more
than 24 hours after they are no longer liable or valid. To the extent that a
position is placed on "hold" or is otherwise not available for immediate
placement, the posting must be removed from the Site until such time as the
position is a viable opening. Engage in spamming, flooding, soliciting or mass
marketing via e-mail, direct mail, telephone, or otherwise to
localhelpwanted.net job seekers or employers. Express or imply that any
statements you make are endorsed by us. Impersonate any person or entity,
including, without limitation, a localhelpwanted.net employee or agent, a user
of localhelpwanted.net services,
including a candidate, placement specialist or an employer, or otherwise
misrepresent your affiliation with any person or entity. Respond to a job
listing on behalf of anyone other than yourself. Delete or revise any material
posted by any other person or entity. Restrict or inhibit any other user from
using and enjoying the Site and services, including, without limitation, by
means of hacking" or defacing any portion of the Site. Post or transmit (1) any
incomplete, false or inaccurate biographical information or information that
is not your own accurate resume (i.e., the resume of a living individual
seeking employment on a full-time or part-time basis on his or her
own behalf); (2) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise objectionable
or harmful, or that infringes on our or any third party's intellectual
property or other rights; (3) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities, or other unsolicited
commercial communication; (4) any information or software that contains a
virus, worm, Trojan horse or other harmful or disruptive component; (5) any
trade secret of any third party; or (6) any material, nonpublic information
about companies without the authorization to do so. Use the Site for any
unlawful commercial, research or information gathering purposes. Communicate,
send, or place unsolicited e-mail, telephone calls, mailings or other contacts
to posting individuals and entities. Modify, adapt, sublicense, translate,
sell, reverse engineer, decompile or disassemble any portion of the
Site. Remove any copyright, trademark, or other proprietary rights notices
contained in the Site." Frame" or "mirror" any part of the Site.
Link to any page of or material on the Site other than the URL located at
http://www.localhelpwanted.net
Use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, "data mine," or in any way
reproduce or circumvent the navigational structure or presentation of the Site
or its contents. Print out or otherwise copy or use any personally identifiable
information about candidates for purposes other than consideration of the
candidates for potential employment by your company.
LocalHelpWanted.net assumes no responsibility or liability for any personnel
selected by your company. Selection, retention or hire of any individual or
entity is based solely on your company's investigation, verification and
determination that such hire is suitable for your company's purposes. Your
company agrees to and will hold the Company harmless from any claims, damages
or losses incurred by your company or any other party as a result of your use
of the LocalHelpWanted.net system. You agree to comply with all applicable
laws, rules and regulations in connection with your use of the Site and
Site-related services. The Company has no obligation to monitor the Site or
Site-related services, including any forum, or any materials that you or other
third parties transmit or post on to the Site. However, you acknowledge and
agree that the Company has the right (but
not the obligation) to monitor the Site and Site-related services, including
any forum, and the materials you transmit or post, to alter or remove any such
materials (including, without limitation, any posting to the Site), and to
disclose such materials and the circumstances surrounding their transmission
to any third party in order to operate the Site properly, to protect itself,
its sponsors, its registered users and visitors, and to comply with legal
obligations or governmental requests. The Company reserves the right to refuse
to post or to remove any information or materials, in whole or in part, that
it deems in its sole discretion to be unacceptable, offensive or in violation
of this Agreement. The Company also reserves the right to prohibit any user
who, in the Company's sole discretion, violates the Code of Conduct or other
terms of this Agreement from using the Site and related services. Such
prohibition may occur without notice to the user.
MAKING PURCHASES
If products or services are made available at the Site, and if you wish to
license or make purchases of products or services described on the Site, you
may be asked by us or the applicable merchant or service provider to supply
certain information, including but not limited to credit card, PayPal or
other information. If you submit such information to us, you understand that
any such information will be treated by Company in the manner described in our
Privacy Policy .You agree that all information that you provide to us or any
such merchant or service provider will be accurate, complete and current. You
agree to pay all charges incurred by you or any users of your account and
credit card or other payment mechanism at the prices in effect when such
charges are incurred. You will also be responsible for paying any applicable
taxes relating to your purchases. Moreover, you agree to review and to comply
with the terms and conditions of any specific agreement, if any, that you
enter into with the merchant and/or service provider in connection with the
licensing or purchase of any product or service.
SUBMISSIONS
Because our designees and we host job boards and other forums found on the
Site and elsewhere and, therefore, redistribute materials you give us, we
require certain rights in those materials. Therefore, by sending or
transmitting to us resources, information, ideas, notes, concepts, trademarks,
service marks or other materials (including, but not limited to, job postings)
(collectively, "Content"), or by posting such Content to any area of the Site,
you grant us and our designees a worldwide, non-exclusive, sub-licensable
(through multiple tiers), assignable, royalty-free, perpetual, irrevocable
right to link to, reproduce, distribute (through multiple tiers), adapt,
create derivative works of, publicly perform, publicly display, digitally
perform or otherwise use such Content in any media now known or hereafter
developed. You hereby grant the Company permission to display your logo,
trademarks and company name on the Site and in press and other public releases
or filings. Further, by submitting Content to the Company, you acknowledge
that you have the authority to grant such rights to
the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS,
TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT. None of the Content is
endorsed by the Company, and the Company cannot and does not make any
representations with respect to the truth or reliability of the Content. The
Company reserves the right to remove any Content, in whole or in part, from
the Site. Communications between the Company and the users of the Site are not
confidential.
REGISTRATION; USE OF SECURE AREAS AND PASSWORDS
Some areas of the Site may require you to register with us. When and if you
register, you agree to (1) provide accurate, current, and complete information
about yourself as prompted by our registration form (including your e-mail
address) and (2) to maintain and update your information (including your
e-mail address) to keep it accurate, current, and complete. You acknowledge
that should any information provided by you be found to be untrue, inaccurate,
not current, or incomplete, we reserve the right to terminate this Agreement
with you and your use of the Site .As part of the registration process you
will be asked to select an user name and password. We may refuse to allow you
to use a username that impersonates someone else, may be illegal, may be
protected by trademark or their proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us in our sole discretion.
You will be responsible for the confidentiality and use of your password and
agree not to distribute, transfer or resell your use of or access to the Site
to any third party. If more than one individual wishes to use a single
password belonging to a registered user, such registered user must request
permission from the Company in writing, it being understood that the Company
shall be under no obligation to approve any such request. If you are a job
seeker who has reason to believe that your account with us is no longer
secure, you must promptly change your password by updating your account
information from the "My LocalHelpWanted.net" tab of the Site and immediately
notifying us of the problem via email addressed to
webmaster@localhelpwanted.net
If you are a customer who has reason to believe that your account with us is
no longer secure, you must promptly contact Customer Support via email
addressed to
webmaster@localhelpwanted.net YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND
ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH
YOUR ACCOUNT.
EMAILS
This is a job board and you have registered for
the purpose of searching and receiving information about jobs. By accepting
the terms and conditions of this site you agree to accept any and all emails
sent from this site referencing jobs, new jobs, job related services,
employment aids or 3rd party services. If you do not want to receive any
further emails or assistance in finding a job from our site you may DELETE
your account YOU created at any time you choose. We will not delete your
account for you. If you copy your resume and your registration to any or all
over our other sites then you WILL receive information AND emails from
EACH of those sites. To stop the emails YOU will need to delete your account
from each and every site you no longer wish to participate in.
Participation in a job search and registration at our site is voluntary and
initiated solely by YOU and you hereby accept responsibility and will hold
harmless LocalHelpWanted.net LLC and it's employees and officers for receiving
Emails and job information from this site or any of our sites.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse
for copyright owners who believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you have a good faith
belief that materials hosted by us infringe your copyright, you (or your
agent) may send us a notice requesting that the material be removed, or access
to it blocked. The notice must include the following information: (1) a
physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly being infringed upon; (2)
identification of the copyrighted work claimed to have been infringed upon (or
if multiple copyrighted works located on the Site are covered by a single
notification, a representative list of such works); (3) identification of the
material that is claimed to be infringing or the subject of infringing
activity, and information reasonably sufficient to allow us to locate the
material on the Site; (4) the name, address, telephone number, and e-mail
address (if available) of the complaining party; (5) a statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and (6) a statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. If you believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the DMCA permits you to send
us a counter-notice. Notices and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright/ for
details.
I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS LocalHelpWanted.net
from any loss, liability, damage or costs, including court costs and attorney
fees, that they may incur due to my participation and use of this site,
WHETHER CAUSED BY NEGLIGENCE OF LocalHelpWanted.net or otherwise.
MISCELLANEOUS
This Agreement is entered into in the State of Alabama and shall be governed
by and construed in accordance with the laws of the State of Alabama,
exclusive of its choice of law rules. Each party to this Agreement hereby
submits to the exclusive jurisdiction of the state courts sitting in the County
of Dale in the State of Alabama or the federal courts sitting in the
County of Houston in the State of Alabama for any dispute arising under or
in connection with this Agreement, the Site or any Site-related services, and
waives any jurisdictional, venue or inconvenient forum objections to such
courts. In any action to enforce this Agreement, the prevailing party will be
entitled to costs and attorneys' fees. In the event that any of the provisions
of this Agreement shall be held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable. Failure of any
party to insist upon strict compliance with any of the terms and conditions of
this Agreement shall not be deemed a waiver or relinquishment of any similar
right or power at any subsequent time. This Agreement constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof,
and any and all written or oral agreements heretofore existing between the
parties hereto are expressly canceled. This Agreement is not assignable,
transferable or sub-licensable by you except with prior written consent. Any
heading, caption or section title contained in this Agreement is inserted only
as a matter of convenience and in no way defines or explains any section or
provision hereof. The Company reserves the right in its sole discretion to
terminate the use of the Site by a user at any time.
Term and Termination
These Terms will remain in full force and effect while You are a User
of the LocalHelpWanted.net Sites at any level.LocalHelpWanted.net
reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to removal of your User Content from the
LocalHelpWanted.net Sites and the other LocalHelpWanted.net Sites and
immediate termination of your registration with or ability to access
the LocalHelpWanted.net Sites and the other LocalHelpWanted.net Sites and/or
any other services provided to You by LocalHelpWanted.net, upon any breach by
You of these Terms or if LocalHelpWanted.net is unable to verify or
authenticate any information You submit to LocalHelpWanted.net.com or pursuant
to other LocalHelpWanted.net Site registration. Even after You
are no longer a User of the LocalHelpWanted.net Sites, the provisions of these
Terms will remain in effect, including and without limitation any terms that
relate to competitors.
;
These Terms constitute a binding agreement between You
and LocalHelpWanted.net LLC,and is accepted by You upon your use of a
LocalHelpWanted.net Site.