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CANDIDATE USER AGREEMENT
This Candidate User Agreement ("Agreement") states the terms, restrictions and
conditions under which the energycareers.com web site (the "Web Site") is
available to You. These terms apply to individuals seeking to learn about
employment opportunities and submitting Personal Information to the Web Site.
These individuals are referred to herein as "Candidates." Entities posting open
positions that seek qualified applicants are referred to herein as "Employers"
which could be a direct employer or an agent (i.e. staffing or third party
recruiting firm). You should read this Agreement carefully. If You do not
accept the terms and conditions of this Agreement, You are not authorized to
use this Web Site. By clicking on the "Agree" button and using this Web Site,
You are indicating Your acceptance to be bound by the terms and conditions of
this Agreement. By clicking the "Do Not Agree" button You are indicating You
are not willing to abide by the provisions of this Agreement and this will
result in denial of further access to the Web Site. Energy Careers, Inc. (the
"Company") may revise this Agreement at any time by updating this posting and
all such revisions will be binding on You. The Company will promptly notify You
by email of such changes. You may review this Candidate User Agreement at any
time by clicking on the "Legal" link appearing on one or more pages of the Web
Site. The terms "You" , Your and "User" as used herein refer to all individuals
and/or entities accessing or using this Web Site for any reason, including
without limitation, Employers, Candidates and any other third parties.
Professional Screening.
The advantage of the Web Site is to provide added value to both Employers and
Candidates through professional screening services that benefit all parties.
Candidates submit personal information, including without limitation a resume
and description of skills and experiences (collectively "Personal Information")
to the Web Site database. Although the Personal Information is directly
available to the Company, a Candidate's Personal Information is not available
directly to Employers, other Candidates or third parties except with the
Candidate's consent. You may review the Privacy Policy at any time by clicking
on the "Privacy Policy" link appearing on one or more pages of the Web Site.
Employers submit open position information to the Web Site database. Although
the Employer's open position information is directly available to the Company,
Candidates will only be able to access the complete open position information
if the Company has determined a Candidate's qualifications match the open
position. The Web Site utilizes proprietary matching software that reviews all
information of both Candidates and Employers. This software matches the
openings available to the appropriately qualified Candidates and makes the
required contacts after receipt of approval.
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Verification.
By submitting Personal Information the Candidate authorizes the Company to
verify any information contained therein, such as educational degrees, prior
employment or experience in accordance with the Privacy Policy.
Use of Material.
The Company may authorize You to view and download the material on the Web Site
solely for Your direct personal use. The contents of this Web Site, such as
text, graphics, images, logos, button icons, software and other material are
protected under United States copyright, trademark and other laws. All Web Site
material is the property of the Company or its content suppliers or clients.
The compilation (meaning the collection, arrangement and assembly) of all
content on this Web Site is the exclusive property of the Company and protected
by United States copyright laws.
Unauthorized use of the Web Site material may violate copyright, trademark, and
other laws. The use of the Web Site material on any other web site or in a
networked computer environment for any purpose is expressly prohibited.
General Prohibited Uses.
General Rules: Users may not use the Web Site in order to transmit, distribute,
store or destroy material (a) in violation of any applicable law or regulation,
(b) in a manner that will infringe on the copyright, trademark, trade secret or
other intellectual property rights of others or violate the privacy, publicity
or other personal rights of others, or (c) that is defamatory, obscene,
threatening, abusive or hateful.
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Web Site Security Rules.
Web Site Security Rules: Users are prohibited from violating or attempting to
violate the security of the Web Site, including, without limitation, (a)
accessing data not intended for such User or logging into a server or account
which the User is not authorized to access, (b) attempting to prove, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (c) attempting to
interfere with service to any User, host or network, including, without
limitation, via means of submitting a virus to the Web Site, overloading,
"flooring", "spamming", "mailbombing", or "crashing" or (d) sending unsolicited
email, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal
liability.
Specific Prohibited Uses.
The Web Site may be used only for lawful purposes by individuals seeking career
opportunities and by Employers seeking qualified employees. The following uses
are specifically prohibited, and all Users agree they will not use the Web Site
for any of the following uses:
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· Posting any false or inaccurate biographical information or information which
is not Your own accurate resume.
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· Deleting or revising any material posted by any other person or entity.
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· Using any device, software or routine to interfere or attempt to interfere
with the proper working of this Web Site's infrastructure.
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· If You have a password allowing access to a non-public area of this Web Site,
disclosing to or sharing Your password with any third parties or using Your
password for any unauthorized purpose.
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User Obligations.
As a User, You are responsible for Your own Personal Information and are
responsible for the consequences of its posting. You must not, and by using
this Web Site You agree You will not, do the following things: post material
that is copyrighted, unless You are the copyright owner or have the permission
of the copyright owner to post it, post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another User or
any other person or entity, post a sexually-explicit image or statement, post
advertisements or solicitations of business, post chain letters or pyramid
schemes, impersonate another person, or post material that contains viruses, or
other computer programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of information posted by Users or endorse any opinions expressed by
Users. You acknowledge that any reliance on information or material posted by
other Users will be at Your own risk.
The Company reserves the right to expel Users and prevent their further access
to the Web Site for violating the terms and conditions of this Agreement or the
law and the right to remove information or communications which are abusive,
illegal, or disruptive or otherwise violate the terms and conditions of this
Agreement. The Company may take any action with respect to User-submitted
information that it deems necessary or appropriate in its sole discretion if it
believes it may create liability for the Company or may cause the Company any
potential damage or loss of any nature.
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Candidate Obligations.
By using this Web Site, Candidates agree to:
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Provide up-to-date and accurate information regarding their contact
information, their careers and their skills,
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Update Personal Information as appropriate,
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Provide an objective assessment of their skills,
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Respond promptly to all email notifications,
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Provide feedback on the process - employer contact (s), interview (s), offer(s)
and acceptance,
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Keep all openings they are notified of confidential,
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Allow the Company to edit incomplete or incorrect profile information at
candidate request,
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Allow the Company to update the database if candidate does not respond in
thirty days, (this includes, but is not limited to deletion of job information
where no action has been taken)
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Allow the Company to eliminate profiles from the database containing material
that the Company deems incomplete or inappropriate in its sole discretion.
Company Obligations.
The Company shall use its best efforts to:
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Match the skills and background of the Candidates with real employment openings
on a non-discriminatory basis, utilizing proprietary software,
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Keep the Candidates' Personal Information confidential except with Candidates'
prior approval,
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Post and notify Users by email of any changes, enhancements or additions to the
Web Site.
Registration and Password.
You are responsible for maintaining the confidentiality of Your login
information and password. You may change Your passwords at any time and as
often as You deem necessary. You shall be responsible for all uses of Your
registration, whether or not authorized by You. You agree to immediately notify
the Company of any unauthorized use of Your registration or password.
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The Company's Liability.
You assume all risks associated with dealing with other Users with whom you
come in contact through the Web Site.
Because authentication of the identification of individuals on the Internet is
difficult, the Company cannot and does not guarantee or confirm that each User
is who they claim to be. In the event that You have a dispute with one or more
Users, You release the Company (and our agents and employees) from claims,
demands and damages (actual and consequential) arising out of or in any way
connected with such disputes.
The User recognizes the global nature of the internet and recognizes that
Employers located world-wide will use the resources of the Web Site. The
Company is under no legal obligation to, and generally does not, control
either: i) the information provided by Users, or the information, material,
content, questions, requests or solicitations for information posted by
Employers (collectively "Employer's Content") which are made available through
the Web Site or, ii) interactions between Candidates and Employers
("Interactions") which are facilitated through or otherwise occur as a result
of, the Web Site. Your use of the Web Site is at your sole risk. We expect that
You will use caution and common sense when using this Web Site. The Company
shall have not responsibility or liability for any Employer's Content or
Interactions. By accessing or using the Web Site and its resources, you agree
to release the Company (including its officers, directors, employees and
agents) from, and waive all claims, demands or damages of any nature against
the Company pertaining to, any violations of laws, civil rights, negligence,
intentional tortuous conduct, or any type of cause of action whether grounded
in civil or criminal law, occurring as a result of the Employer's Content or
Interactions.
You acknowledge and agree that You are solely responsible for the form, content
and accuracy of any Personal Information or open position information placed by
You on the Web Site.
THE COMPANY 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 WEB SITE MATERIAL RESULTS IN
DAMAGE TO YOUR EQUIPMENT OR DATA, OR IN THE NEED FOR SERVICING OR REPLACING
YOUR EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND WEB SITE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE WEB SITE MATERIAL SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
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Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR
INABILITY TO USE THE WEB SITE AND THE WEB SITE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 are not an endorsement by the Company of the
contents of such third-party web sites. The Company is not responsible for the
content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party web sites.
If You decide to access linked third party web sites, You do so at Your own
risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under this
Agreement. You also agree not to make any unauthorized commercial use of the
Web Site.
Limitation of Liability.
The aggregate liability of the Company to You for all claims arising from the
use of the Web Site is limited to $100.
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Termination.
The Company reserves the right, at its sole discretion, without prior
notification, to pursue all of its legal remedies, including but not limited to
deletion of Your Personal Information from the 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 the Company, upon any breach by You of
this Agreement or if the Company is unable to verify or authenticate any
information You submit to the Web Site.
Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
arising from, connected with or resulting from Your use of the Web Site
material or Your breach of the terms of this Agreement.
General.
The Company makes no claims that the Web Site materials comply with laws of all
jurisdictions. Access to the Web Site materials may not be legal by certain
persons or in certain countries. If You access the Web Site, You do so at Your
own risk and are responsible for compliance with the laws of Your jurisdiction.
If any provision of this Agreement is 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 this Agreement, which shall remain in
full force and effect. No waiver of any term of this Agreement shall be deemed
a further or continuing waiver of such term or any other term. This Agreement
constitutes a binding agreement between You and the Company with respect to the
use of Web Site. No changes to this Agreement shall be made except by a revised
posting on this page made by the Company.
Jurisdiction and Venue.
The Web Site (excluding link sites) is controlled by the Company from its
offices in Houston, within the State of Texas, United States of America. By
accessing and using this Web Site, You agree that this Agreement is governed by
the laws of the State of Texas, without regard to conflict of laws principles,
and You agree that the laws of the State of Texas shall apply to any and all
disputes, claims or matters of any nature related to or arising from the Web
Site or the use of the Web Site, without regard to conflicts of laws
principles. You agree and submit to the exclusive and personal jurisdiction of
the state district courts of Harris County, Texas or the United States District
Court for the Southern District of Texas, Houston division, and venue for all
purposes shall lie in those courts.
Additional Terms of Use.
Certain areas of this Web Site are subject to additional terms and conditions.
By using such areas, or any part thereof, You agree to be bound by the
additional terms applicable of such areas.
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EMPLOYER USER AGREEMENT
This Employer User Agreement ("Agreement") states the terms, restrictions and
conditions under which the energycareers.com web site (the "Web Site") is
available to You. These terms apply to the Employers posting open positions
that seek qualified applicants and are referred to herein as ("Employers"). For
the purpose of this agreement, the term "Employer" refers to direct employers
or an employers agent (i.e. Staffing or third party recruiting firm). A second
and separate contract applies to candidates seeking employment opportunities
only ("Candidates"). You should read this Agreement carefully. If You do not
accept the terms and conditions of this Agreement, You are not authorized to
use this Web Site. By clicking the "Agree" button and by using this Web Site,
You are indicating Your acceptance to be bound by the terms and conditions of
this Agreement. By clicking the "Do Not Agree" button You indicate You are
unwilling to abide by the provisions of this agreement and this will result in
denial of further access to the Web Site. Energy Careers, Inc. (the "Company")
may revise this Agreement at any time by updating this posting and all such
revisions will be binding on You. The Company will notify You by email of such
changes. You may review this Employer User Agreement at any time by clicking on
the "Legal" link appearing on one or more pages in the Web Site. The terms
"You," "Your" and "User" as used herein refer to all individuals and/or
entities accessing or using this Web Site for any reason, including, without
limitation, an Employer, a Candidate or any third party.
Professional Screening.
The advantage of the Web Site is to provide added value to both Employers and
Candidates through professional screening services that benefit all parties.
Candidates submit personal information, including without limitation a resume
and description of skills and experiences (collectively "Personal Information")
to the Web Site database. Although the Personal Information is directly
available to the Company, a Candidate's Personal Information is not available
directly to Employers, other Candidates or third parties except with the
Candidate's consent. You may review the Privacy Policy at any time by clicking
on the "Privacy Policy" link appearing on one or more pages of the Web Site.
Employers submit open position information to the Web Site database. Although
the Employer's open position information is directly available to the Company,
Candidates will only be able to access the complete open position information
if the Company has determined a Candidate's qualifications match the open
position. The Web Site utilizes proprietary matching software that reviews all
information of both Candidates and Employers. This software matches the
openings available to the appropriately qualified Candidates and makes the
required contacts after receipt of approval.
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to EMPLOYER USER AGREEMENT
Use of Material.
The Company may authorize You to view and download the material on the Web Site
solely for Your direct use. The contents of this Web Site, such as text,
graphics, images, logos, button icons, software and other material are
protected under United States copyright, trademark and other laws. All Web Site
material is the property of the Company or its content suppliers or clients.
The compilation (meaning the collection, arrangement and assembly) of all
content on this Web Site is the exclusive property of the Company and protected
by United States copyright laws.
Unauthorized use of the Web Site material may violate copyright, trademark, and
other laws. The use of the Web Site material on any other web site or in a
networked computer environment for any purpose is expressly prohibited.
General Prohibited Uses.
General Rules: Users may not use the Web Site in order to transmit, distribute,
store or destroy material (a) in violation of any applicable law or regulation,
(b) in a manner that will infringe on the copyright, trademark, trade secret or
other intellectual property rights of others or violate the privacy, publicity
or other personal rights of others, or (c) that is defamatory, obscene,
threatening, abusive or hateful.
Web Site Security Rules.
Web Site Security Rules: Users are prohibited from violating or attempting to
violate the security of the Web Site, including, without limitation, (a)
accessing data not intended for such User or logging into a server or account
which the User is not authorized to access, (b) attempting to prove, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization, (c) attempting to
interfere with service to any User, host or network, including, without
limitation, via means of exposing a virus to the Web Site, overloading,
"flooring", "spamming", "mailbombing", or "crashing" or (d) sending unsolicited
email, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal
liability.
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to EMPLOYER USER AGREEMENT
Specific Prohibited Uses.
The Web Site may be used only for lawful purposes by individuals seeking career
opportunities and by Employers seeking qualified employees. The following uses
are specifically prohibited, and all Users agree they will not use the Web Site
for any of the following uses:
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Posting any false or inaccurate employment opportunity.
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Deleting or revising any material posted by any other person or entity.
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Using any device, software or routine to interfere or attempt to interfere with
the proper working of this Web Site's infrastructure.
-
If You have a password allowing access to a non-public area of this Web Site,
disclosing to or sharing Your password with any third parties or using Your
password for any unauthorized purpose.
User Obligations.
As a User, You are responsible for Your own open position information and are
responsible for the consequences of its posting. You must not, and by using
this Web Site You agree You will not, do the following things: post material
that is copyrighted, unless You are the copyright owner or have the permission
of the copyright owner to post it, post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another User or
any other person or entity, post a sexually-explicit image or statement, post
advertisements or solicitations of business, post chain letters or pyramid
schemes, impersonate another person, or post material that contains viruses, or
other computer programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of information posted by Users, nor does the Company endorse any
opinions expressed by Users. You acknowledge that any reliance on information
or material posted by other Users will be at Your own risk.
The Company reserves the right to expel Users and prevent their further access
to the Web Site for violating the terms and conditions of this Agreement or the
law and the right to remove information or communications which are abusive,
illegal, or disruptive or otherwise violate the terms and conditions of this
Agreement. The Company may take any action with respect to User-Submitted
information that it deems necessary or appropriate in its sole discretion if it
believes it may create liability for the Company or may cause the Company any
potential damage or loss of any nature.
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Employer Responsibilities.
By posting an open position on this Web Site, the Employer agrees to:
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Release and indemnify the Company from any liability for any charges or claims
that the Company has engaged in improper discrimination, sexual or age basis or
any similar claims in connection with any employee hired by the Employer or
referred to the Employer
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Pay all charges and bills promptly according to the schedule of charges
Employer selects
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Treat candidates referred by the Company professionally and in an objective and
responsive manner
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Keep all Personal Information supplied by the Company in strict confidence
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Maintain all openings Submitted to the Web Site for a period of not less than
60 days or until the position is filled which ever first occurs
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Abide by all of the terms and conditions set forth in the User Agreement
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Allow the Company to use their name, logo, or company profile on a links page
or in a user list.
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Not hold the Company liable or responsible for inappropriate or illegal
information, questions, or materials published on the site by an Employer,
Candidate, User or third party,
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Allow the Company to limit the number of job seekers presented
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Allow the Company to update candidate information if Employer does not respond
in thirty days, (this includes, but is not limited to the deletion of candidate
information where no action has been taken)
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Allow the Company to update or eliminate profiles from the database containing
material that the Company deems incomplete or inappropriate in its sole
discretion,
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Allow the Company to retain, for the Company's use, job descriptions and other
job related information that includes, but is not limited to, questions used to
screen candidates.
The Employer recognizes the global nature of the Internet and the Web Site, and
understands and acknowledges that Candidates located in jurisdictions
throughout world will have access to and use of the Web Site. Employer agrees
that Employer shall be solely responsible to ensure that all information,
material, content, questions, requests or solicitations for information posted
by Employer on the Web Site (collectively "Employer Content") and all
interactions of any type between a Candidate and Employer (" Employer
Interactions" ) are in compliance with the laws of the jurisdiction in which
Employer and each Candidate are located. Employer shall be solely responsible
and liable for any claims, liability or violations of law which are caused by
or arise from the Employer Content or Employer Interactions. Employer is solely
responsible to ensure that all information solicited from Candidates and all
Employer Interactions with Candidates are in compliance with all laws of the
jurisdictions in which each applicable Candidates reside, particularly, without
limitation, laws prohibiting discrimination.
The Company may, but is not obligated to, furnish sample, model, generic or
standardized forms of questions ("Form Questions") for the convenience of
Employer to use as part of Employer Content or to use to create Employer
Content. Use or reliance upon Form Questions shall have no effect upon the
Employer's duties and obligations set forth in the preceding paragraph, and
even if Employer chooses to use Form Questions in its Employer Content,
Employer remains solely responsible to ensure its Employer Content is in
compliance with all laws of the jurisdiction in which Employer and each
applicable Candidate are located. Use or reliance upon Form Questions shall
have no effect of any nature upon, and specifically shall not act to diminish
or serve as a defense to, the indemnity obligation of Employer as set forth
subsequently in this Agreement.
The Company does not warrant or represent that any Forms Questions are or will
be accurate, complete, fit for any particular purpose, fit for any specific
purpose of Employer or in compliance with the laws of the jurisdictions in
which Employer or any applicable Candidate is located. Employer has no
obligation to use any Form Questions, they are merely a convenience, and use of
Form Questions shall be at the sole risk of Employer.
Company Responsibilities.
To induce Employers to utilize the Web Site, the Company agrees to:
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Match the skills and background of the Candidates with employment openings on a
non-discriminatory basis, utilizing proprietary software,
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Post and notify Users by email of any changes, enhancements or additions to the
Web Site.
-
Match the qualifications and experience submitted by Candidates with the
position profile information submitted by Employer, and notify the Candidate of
the posting
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Notify the Employer as soon as the Candidate gives approval to provide the
Employer with personal information
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Follow up on resumes supplied and Candidates introduced to Employer
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Assist, if required, with arranging meetings between Candidates and Employers
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Provide the level of service selected by the Employer in a prompt, professional
manner
Registration and Password.
You are responsible for maintaining the confidentiality of Your login
information and password. You may change Your passwords at any time and as
often as You deem necessary. You shall be responsible for all uses of Your
registration, whether or not authorized by You. You agree to immediately notify
the Company of any unauthorized use of Your registration or password.
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The Company's Liability.
You assume all risks associated with dealing with other Users with whom you
come in contact through the Web Site.
Because authentication of the identification of individuals on the Internet is
difficult, the Company cannot and does not guarantee or confirm that each User
is who they claim to be. In the event that You have a dispute with one or more
Users, You release the Company (and our agents and employees) from claims,
demands and damages (actual and consequential) arising out of or in any way
connected with such disputes.
The Company is under no legal obligation to, and generally does not, control
the information provided by other Users which is made available through the Web
Site. We expect that You will use caution and common sense when using this Web
Site.
You acknowledge and agree that You are solely responsible for the form, content
and accuracy of any Personal Information or open position information placed by
You on the Web Site.
THE COMPANY 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 WEB SITE MATERIAL RESULTS IN
DAMAGE TO YOUR EQUIPMENT OR DATA, OR IN THE NEED FOR SERVICING OR REPLACING
YOUR EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND WEB SITE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE WEB SITE MATERIAL SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS.
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to EMPLOYER USER AGREEMENT
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE WEB SITE AND THE WEB SITE MATERIAL, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 are not an endorsement by the Company of the
contents of such third-party web sites. The Company is not responsible for the
content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party web sites.
If You decide to access linked third party web sites, You do so at Your own
risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under this
Agreement. You also agree not to make any unauthorized commercial use of the
Web Site.
Limitation of Liability.
The aggregate liability of the Company to You for all claims arising from the
use of the Web Site is limited to $100.
Termination.
The Company reserves the right, without prior notification, to pursue all of
its remedies (at law or in equity or otherwise), including but not limited to
deletion of Your postings from the 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 the Company, upon any breach by You of this Agreement or for
any other reason that the Company may determine, in its sole discretion, to
enhance, to preserve, or to protect the best interest of the Website or its
Users, or the Company.
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Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
arising from, connected with or resulting from Your use of the Web Site
material or Your breach of the terms of this Agreement. Specifically, but
without limitation, Employer agrees to indemnify and hold harmless the Company
and its officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable attorney's fees and
accounting fess, arising from, connected with or resulting from the Employer
Content or Employer Interactions, or Employer's violation of any rights of any
other person or entity, or a violation of laws of any jurisdiction by Employer.
General.
The Company makes no claims that the Web Site materials comply with the laws of
all jurisdictions.. Access to the Web Site materials may not be legal by
certain persons or in certain countries. 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. If any provision of this
Agreement is 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 this Agreement, which shall remain in full force and effect. No
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. This Agreement constitutes a binding
agreement between You and the Company with respect to the use of Web Site. No
changes to this Agreement shall be made except by a revised posting on this
page made by the Company.
Jurisdiction and Venue.
The Web Site (excluding link sites) is controlled by the Company from its
offices in Houston, within the State of Texas, United States of America. By
accessing and using this Web Site, You agree that this Agreement is governed by
the laws of the State of Texas, without regard to conflict of laws principles,
and You agree that the laws of the State of Texas shall apply to any and all
disputes, claims or matters of any nature related to or arising from the Web
Site or the use of the Web Site, without regard to conflicts of laws
principles. You agree and submit to the exclusive and personal jurisdiction of
the state district courts of Harris County, Texas or the United States District
Court for the Southern District of Texas, Houston division, and venue for all
purposes shall lie in those courts.
Additional Terms of Use.
Certain areas of this Web Site are subject to additional terms and conditions.
By using such areas, or any part thereof, You agree to be bound by the
additional terms applicable of such areas.
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