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Billing Acceptance Agreement

Billing Acceptance Agreement Please note that once you Complete Your Purchase, the cost is NON-REFUNDABLE. MyJobBoard.com reserves the right to reject ads that are not bona-fide recruitment ads, or for any other reason we consider not in the best interest of MyJobBoard.com By completing your Purchase, you agree to MyJobBoard.com's terms of agreement as set forth below. This agreement is between your company or organization ("You" or "Customer") and MyJobBoard.com, Inc. The term of this Agreement (the "Term") shall commence on the date You agree to this Agreement and shall terminate on the earlier of (i) the date on which all services purchased by You have been fully performed and (ii) one year from the date on which you agree to this Agreement, and, except as otherwise provided below, may not be terminated by either party. If You breach any provision of this Agreement, MYJOBBOARD may immediately suspend all passwords and other access codes issued to Customer hereunder. In any such event, MYJOBBOARD will promptly notify Customer of such breach and suspension and if such breach is capable of being cured, Customer will have ten (10) days to cure such breach to MyJobBoard reasonable satisfaction. If such breach is incapable of being cured or, if capable, is not cured within such ten-day period, MYJOBBOARD may: (a) terminate this Agreement and/or (b) pursue all other available remedies to enforce this Agreement and obtain payment hereunder. In such event, MyJobBoard.com shall be entitled to accelerate all fees due hereunder and to collect all of its costs and attorney fees incurred. Either party may terminate this Agreement if the other party (i) applies for or consents to the appointment of a receiver, trustee, or liquidator of it or its assets, (ii) makes a general assignment for the benefit of creditors, (iii) a petition seeking bankruptcy, reorganization or similar relief is filed against such other party (which, if involuntary, is not stayed or dismissed within 90 days of filing), and MYJOBBOARD may terminate the Agreement upon notice if Customer fails to meet credit requirements established by MYJOBBOARD from time to time. All job postings purchased hereunder have a scheduled run of 60 days. These job postings may not be substituted with other job postings without incurring additional charges. Any jobs posted by You on the MyJobBoard.com website (the "Site") in excess of the number of jobs provided for in this Agreement will be billed to You and shall be payable by You in accordance with the terms hereof, at MyJobBoard.com's then prevailing rate for such job postings. Any hyperlinks contained in a job posting submitted by Customer will be disabled when such job posting is posted on the Site. Any (1) re-activation of a deleted or expired job posting, (2) refreshing or renewing of any job posting, (3) change in the job board (MyJobBoard.com etc.) where a job has been posted, (4) change in the reference code of a job, or (5) change in location where a job is based (including a change of City/Town), constitutes use of an additional job posting hereunder. All amounts payable by You will be due within 30 days after delivery of the MYJOBBOARD invoice relating to such amounts without deduction or setoff. Any amounts not paid in full by the due date may, at MyJobBoard option, be subject to interest charges of 1 ½% per month and collection charges. As a material inducement to MYJOBBOARD, Customer agrees to provide credit information to substantiate the extension of or continuation of credit availability promptly after any MYJOBBOARD request for any such information, which requests may be made by MYJOBBOARD at any time and from time to time. You authorize MyJobBoard.com at any time and from time to time to obtain credit information from trade and bank references, external credit reporting sources, consumer credit agencies and other credit sources as may be necessary and You agree to provide such credit information as MyJobBoard.com may reasonably require. The Site's resume database (the "Resume Database"), and MyJobBoard.com are private databases for use by licensed members only. A licensed member is defined as one unique user with one unique password. You agree to notify MyJobBoard.com promptly after the departure of any person to whom a password was provided and MyJobBoard.com reserves the right to cancel such password and issue a new password in lieu thereof. MyJobBoard.com reserves the right to periodically change issued passwords. Amounts paid hereunder are non-refundable. Navigation/Search Engines: Notwithstanding anything to the contrary contained herein, You shall not use or attempt to use, and shall cause each party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from MyJobBoard.com on the Site and other than generally available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer). Subject to the next sentence, the contents of the Site, MyJobBoard.com (including without limitation all job postings and all resumes), and all elements which are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of MyJobBoard.com, Inc. Notwithstanding the foregoing sentence, as between MyJobBoard.com and you, any job postings placed on the Site by You hereunder and any postings placed by You on MyJobBoard.com, and all elements which are a part of the foregoing, and all intellectual and other proprietary rights therein, are and shall at all times remain Your property. MyJobBoard.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO ITS SERVICES OR THE SITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. Each party (each, in such capacity, the "Indemnifying Party") shall indemnify the other party and its respective officers, directors, employees and agents (each, in such capacity, an "Indemnified Party" and, collectively, the "Indemnified Parties"), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (i) a breach by the Indemnifying Party of this Agreement or of any representation, warranty, covenant or agreement contained herein, or (ii) the provision of any material to the Site by or on behalf of the Indemnifying Party, including but not limited to claims of breach of third party intellectual property rights. For purposes of the foregoing indemnity, the parties acknowledge that the following items shall not constitute material provided to the Site by or on behalf of MyJobBoard.com: all job postings and listings, all resumes, all chat room submissions, all forum submissions and all materials submitted by or on behalf of You to the Site. The Indemnifying Party's obligations under the immediately preceding paragraph will only apply if the Indemnified Party notifies the Indemnifying Party promptly in writing as to any such claim, action or demand and gives the Indemnifying Party the right to control and direct the investigation, preparation, defense, trial and settlement of each such claim, action or demand. The Indemnified Party shall reasonably cooperate with the Indemnifying Party in the defense and/or settlement of any such claim, action or demand. Notwithstanding the foregoing sentence, the Indemnifying Party shall not settle any claim, action or demand without the written consent of the Indemnified Party, such consent not to be unreasonably withheld. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER THE IMMEDIATELY PRECEDING TWO PARAGRAPHS TO THE EXTENT ARISING OR RESULTING SOLELY FROM A THIRD PARTY CLAIM RELATING TO INTELLECTUAL PROPERTY RIGHTS OF SUCH THIRD PARTY, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA - ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. MOREOVER, EXCEPT AS MAY ARISE UNDER THE IMMEDIATELY PRECEDING TWO PARAGRAPHS TO THE EXTENT ARISING OR RESULTING SOLELY FROM A THIRD PARTY CLAIM RELATING TO INTELLECTUAL PROPERTY RIGHTS OF SUCH THIRD PARTY, MyJobBoard.com 'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY YOU TO MyJobBoard.com HEREUNDER. Notwithstanding anything to the contrary contained herein, Your use of the Site is subject to the terms of use available from the Site's homepage through the link "Terms of Use". By your execution hereof You hereby agree to abide by such terms of use, as they may be amended from time to time. In addition, MyJobBoard.com is subject to additional terms of use. By using MyJobBoard.com, or any part thereof, You hereby agree to be bound by the additional terms of use applicable thereto, as they may be amended from time to time. The terms of use for MyJobBoard.com are currently available at "http://www.MyJobBoard.com ". You agree to comply with all applicable local, national and international laws, including but not limited to laws relating to labor and employment, data privacy, data access and use, and intellectual property. Without limiting the foregoing, You agree to comply with all laws relating to equal employment opportunity and employment eligibility requirements and acknowledge that job postings may not require U.S. citizenship or lawful permanent residence in the U.S. as a condition of employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state or local government contract. This Agreement (i) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto as well as any purchase orders not supplied by MyJobBoard.com that have been or may from time to time be submitted by you, (ii) may be signed in counterparts, (iii) shall be governed by the laws of the Commonwealth of Massachusetts (other than the conflicts of laws provisions thereof), (iv) may not be amended, terminated or waived orally, and (v) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law, merger, asset or stock sale or transfer or otherwise, by either party, except to a party controlling, controlled by or under common control with the assigning party, provided that written notice of any such permitted assignment shall be given to the non-assigning party prior to any such assignment and provided further that the assignor shall remain jointly and severally liable with the assignee for all obligations of the assignor and assignee hereunder, regardless of whether such obligations arise prior to, at, or subsequent to the assignment. Any terms of this agreement that may be invalid shall not affect the validity of enforcement of the remaining valid terms of this agreement. The terms and conditions of this Agreement may not be amended without the affirmative written consent of MyJobBoard.com. All notices given hereunder shall be given by first class mail, return receipt requested, overnight courier or facsimile transmission, to the respective address or facsimile numbers set forth below, and shall be deemed given upon actual delivery thereof. Without limiting MyJobBoard’s Terms of Agreement, MyJobBoard does not permit the posting of any of the following: any posting that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; OR any other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents. If you post any prohibited posting, MyJobBoard.com will remove such posting and no refund will be given.


 



Terms of Use

Terms of Use Please review these Terms and Conditions of Service (Terms of Service) of the MYJOBBOARD.COM. website (the Web Site). Your access to and use of this Web Site is subject to your acceptance of the Terms of Service and to all applicable laws. THE TERMS, CONDITIONS, AND NOTICES BELOW WILL GOVERN YOUR USE OF MYJOBBOARD.COM. THEY ALSO PROVIDE NOTICE OF SOME OF MYJOBBOARD.COM" POLICIES. PLEASE READ THEM CAREFULLY! If your profile, or resume is in our Database You Agree to be CONTACTED by e-mail twice a year, once in April and once in October, about being opted in to our WEEKLY newsletter and weekly e-mail advertisement. If you do not wish to receive this e-mail please remove your profile or resume from MyJobBoard.com. MYJOBBOARD.COM IS A SERVICE FOR ALL AND STUDENTS & ALUMNI OF ALL U.S. HIGH SCHOOLS, COLLEGES, UNIVERSITIES, GRADUATE SCHOOLS, VOCATIONAL SCHOOLS, AND ADULT EDUCATIONAL SCHOOLS; NO ONE UNDER THE AGE OF 16 MAY USE MYJOBBOARD.COM OR ANY OF ITS SECTIONS FOR ANY REASON, OR IN ANY MANNER, INCLUDING BUT NO LIMITED TO POSTING PERSONAL INFORMATION. You Agree to be automatically opted in to our WEEKLY newsletter and weekly e-mail advertisement All Employers, Job Seekers and/or Career Counselors creating an account on MyJobBoard.com, agree to be automatically opted in to an opt in/ opt out weekly newsletter and weekly e-mail advertisement sent to them by MyJobBoard.com. The Employer, Job Seeker and/or Career Counselor at anytime after receiving the first newsletter and advertisement may opt out of the newsletter by pressing on the remove link at the bottom of the newsletter. If at any time MyJobBoard.com changes its e-mail newsletter provider all Employers, Job Seekers and/or Career Counselors that have created an account on MyJobBoard.com and have kept their profile information on MyJobBoard.com agree to receive an e-mail informing them that MyJobBoard.com has changed e-mail newsletter provider. Also, if at any time MyJobBoard.com changes its e-mail newsletter provider all Employers, Job Seekers and/or Career Counselors that have created an account on MyJobBoard.com and have kept their profile information on MyJobBoard.com agree to receive a new weekly e-mail newsletter and weekly advertisement which they may then remove themselves from at any time. All Employers, Job Seekers and/or Career Counselors agree that they will receive this e-mail newsletter and weekly advertisement from the new e-mail newsletter provider, even if they opted to be removed from the prior e-mail newsletter, until they remove themselves from this new e-mail newsletter and weekly advertisement. MyJobBoard.com is a free service to all Job Seekers and Career Counselors, and offers many free services to Employers, and much of the cost is offset by advertisers paying to be in our weekly newsletter and our weekly advertisements, therefore MyJobBoard reserves the right to cancel the account of any employer, jobseeker and/or career counselors that opts out of our weekly newsletters or weekly advertisement. All Employers, Job Seekers and/or Career Counselors creating an account on MyJobBoard.com at any time may remove their own profile information and cancel their account on MyJobBoard.com. RESUMES FROM THIRD PARTIES If you are a jobseeker and your resume is sent to MyJobBoard through a third party i.e.... your school, resume service, resume broadcasting service, the US Department of Labor, a Department of Employment and Training etc.. you agree to all MyJobBoard.com terms. Please note that if your put into MyJobBoard from a third party no profile or account is made in MyJobBoard.com and it is the Job Seekers sole responsibility to create their own profile and search agents. These jobseekers must contact this third party to have themselves removed from their list. These jobseekers must contact MyJobBoard by e-mailing us at Contactus@MyJobBoard.com to request that their resume be removed from MyJobBoard. These jobseekers may simply press on the remove link at the bottom of the MyJobBoard newsletter to stop receiving future newsletters and advertisements. Children's Online Privacy Protection Act The Children's Online Privacy Protection Act (COPPA) was passed by U.S. Congress in November 1998. COPPA requires that operators of online services or Web sites obtain parental consent prior to the collection, use, disclosure, or display of the personal information of children. The Federal Trade Commission established rules for the act's implementation, which went into effect April 21, 2000. The Act provides parents with specific rights regarding their children's privacy. For additional information and resources on COPPA visit the links below. General Info: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html For Adults: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/adults.htm For Kids: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/kidz.htm MyJobBoard.com and the MyJobBoard.com logo [other marks] are [service marks] [trademarks] of MyJobBoard.com This Web Site contains many third-party trademarks and service marks of participating employers. All marks are the property of their respective holders. MyJobBoard.com and all of our school specific MyJobBoard.com, AlumniJobBoard.com, StudentJobBoard.com, MyJobBoard.com, HighSchoolJobBoard.com, and GumShoe Recruiter sections herein will be called “MyJobBoard”. All High Schools, Colleges, Universities, Graduate Schools, Adult Educational, and Vocational Schools herein will be called “Schools”. MyJobBoard.com will regularly update and enhance the Web Site and may, from time to time, revise the Terms of Service and Privacy Policy. Use of MyJobBoard.com is governed by the Terms of Service and Privacy Policy posted at the time of use, it is your obligation to check the Terms of Service and Privacy Policy pages each time you access and use the Web Site. NO GUARANTEE MyJobBoard.com does not guarantee any specific results from use of the services on the Site. MyJobBoard.com is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. "MyJobBoard.com" also refers to all information, text and visual images, software, products and services used or available via MyJobBoard.com. Any and all rights not expressly granted in these Terms, Conditions and Notices (collectively, these "Terms") are reserved by MyJobBoard.com. MyJobBoard.com reserves the right to change these Terms, at its sole discretion, at any time or from time to time. Your use of MyJobBoard.com means that you have read all of these Terms and agree to them. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please contact Contactus@MyJobBoard.com or call MyJobBoard.com’s Support at 781-821-0045. This site is not officially sponsored by the school to which it refers. Rather, this site is provided as a free service to all schools and job seekers by MyJobBoard.com, which disclaims any affiliation with referenced school. The information provided is based upon information collected from the school and/or other sources by MyJobBoard.com. Although believed to be correct, MyJobBoard.com makes no guarantees concerning the accuracy of this information. MyJobBoard.com has not contracted with, or been funded by, any school to provide them with the use of MyJobBoard.com or our free Gumshoe Recruiter Program. We are a unofficial Internet based Job Board for all students and alumni of every College, University, Graduate School, High School, Adult Educational and Vocational School in the United States herein called “schools”. We are not affiliated with any school or any subsidiaries of any school. We encourage every school to be affiliated with MyJobBoard.com by signing up at www.MyJobBoard.com and becoming a “MyJobBoard.com Preferred School”. Any School may become a “MyJobBoard.com Preferred School” at no charge, in turn every “MyJobBoard.com Preferred School” will be eligible for benefits from MyJobBoard.com including revenue sharing for jobs posted and referred by the school, scholarships, and contests for the school’s students and career services directors and employees. (See http://www.MyJobBoard.com) We strive to closely adhere to all policies and guidelines of the United States Department of Education’s School-to-Work Program. General; Trademarks, Copyrights, etc. MyJobBoard.com, Inc. ("MyJobBoard.com") is the owner of all intellectual property rights (including copyrights) in MyJobBoard.com. Material published by MyJobBoard.com may contain other proprietary notices or describe products, services, processes, or technologies owned by MyJobBoard.com or third parties. Nothing in these Terms or in MyJobBoard.com shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of MyJobBoard.com or any third party, except as expressly set forth herein. The deletion or alteration of any copyright or other proprietary notices from MyJobBoard.com is strictly forbidden. "MyJobBoard.com," "StudentJobBoard.com”, "HighSchoolJobBoard.com”, AlumniJobBoard.com”, “MyJobBoard.com”, “GumShoe Recruiter” and certain other names or logos are trademarks of MyJobBoard.com, Inc., and all related product and service names, design marks and slogans are the trademarks or service marks of MyJobBoard.com, Inc. All other product and service marks contained herein are the trademarks of their respective owners. The "look" and "feel" of MyJobBoard.com’s site (including color combinations, button shapes, layout, design, and all other graphical elements) are also MyJobBoard.com’s trademarks or copyrights. All editorial content and graphics on this site, as well as the HTML based computer programs used to generate pages, and the Website are protected by U.S. copyright laws and international treaties and may not be copied without the express written permission of MyJobBoard.com, which reserves all rights. Re-use of any of MyJobBoard.com's editorial content and graphics for any purpose is strictly prohibited without MyJobBoard.com’s prior written permission. Please direct any requests for permission to Contactus@MyJobBoard.com. Please be aware that the information, software, products, and services published on MyJobBoard.com may include inaccuracies, typographical errors, or out-of-date information. Changes are made and items added to MyJobBoard.com and the information on it from time to time. MyJobBoard.com may make such changes or additions at any time at its sole discretion. Other Parties. MyJobBoard.com may contain hyperlinks or other connections to Web sites operated by parties other than MyJobBoard.com, including but not limited to those of MyJobBoard.com’s Member companies and agencies or its advertisers (individually or collectively, as the case may be, "Members"). MyJobBoard.com does not control these Web sites and is not responsible for them, including for their availability, content or any viruses accessed through them. MyJobBoard.com’s inclusion of hyperlinks or other connections to such Web sites does not imply any endorsement of the material on them or any association with their owners or operators. MyJobBoard.com takes no responsibility whatsoever for the activities of job applicants or MyJobBoard.com Members or those Members’ respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on MyJobBoard.com). Nothing on MyJobBoard.com shall be deemed to be an endorsement, representation or warranty with respect to any Member, applicant or other third party, whether in regard to its Web site, products, services or otherwise. Appropriate Communications. Job seekers may in no event reply to an employment advertisement for any other reason except than to apply for the job listed or to request information about the job advertised. Employers may in no event contact a job seeker for any reason except to initiate communication regarding a bona fide employment opportunity. Users may in no event contact other users, whether employers, job candidates or others, for any other purpose. In no event may any user respond to an employer or a job candidate regarding an employment advertisement by any means of communication other than that means of communication specified in the listing on the Web Site. There are risks, including but not limited to the risk of physical harm, of dealing and communicating with strangers, with persons outside the jurisdiction of the United States, with minors or with persons acting under false pretenses. User assumes all risks associated with such dealing or communications and with the use of the Web Site generally. We will not gather any information on anyone under the age of 16. To keep a greater level of security, all job seekers under the age of 18 may not place a profile, resume, e-mail address, or any identifiable information into MyJobBoard.com, and only individuals over the age of 16 may use MyJobBoard.com. If it is discovered that a job seeker under the age of 18 does not abide by the above-mentioned rules MyJobBoard.com will take appropriate actions. All job seekers under the age of 18 may contact any employer only if the job seeker is under the direct supervision of a parent or guardian during any and all contacts; this includes telephone calls, e-mails, letters, and personal contacts. The job seeker’s parent or guardian must accompany all personal contacts between any job seeker under the age of 18 and a potential employer. Violations of any of the above may result in civil or criminal liability. MyJobBoard.com 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. Your Use; Limited License. MyJobBoard.com is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in MyJobBoard.com, the MyJobBoard.com Website as a whole software, products or services obtained from or available as part of or in conjunction with MyJobBoard.com. You are granted a non-exclusive, non-assignable and non-transferable license to use MyJobBoard.com only under these terms and conditions of use. This license is not a sale of any of the owner's rights. MyJobBoard.com may be used only by you, and you may not rent, lease, lend, sub-license or transfer MyJobBoard.com or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of MyJobBoard.com. Your Responsibilities. Individuals seeking employment and employers seeking employees may use the MyJobBoard.com Site only for lawful purposes. As one of the conditions of your use of MyJobBoard.com, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) MyJobBoard.com for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is YOUR RESPONSIBILITY to ensure that your use of MyJobBoard.com complies with these terms, conditions, and notices. In connection with your use of our MyJobBoard.com, you will not: 1. Transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another's right of privacy or publicity; 2. Impersonate any person or entity, including but not limited to, a MyJobBoard.com official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity; 3. 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); 4. Post or transmit any Content that contains a virus or corrupted data; 5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; 6. Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., use of all caps, or flooding continuous posting of repetitive text); 7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; 8. Violate any applicable local, state, national or international law; and 9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. a. Post any incomplete, false, or inaccurate resume information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf). b. Respond to any employment opportunity on MyJobBoard.com for any reason other than to apply for the job. Communications soliciting the employer's business by our competitors are prohibited. 12. Post to MyJobBoard.com any franchise, pyramid scheme, or "club membership", 13. Delete or revise any material posted by any other person or entity. 14. Print out or otherwise copy or use any personally identifiable information about employees or business information about employers. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited. Web Site Security Rules. By accessing MyJobBoard.com all job seekers agree to the following: that they are a student or alumnus of the school under which the jobs are posted. We encourage every school to use the password protection option given to them by MyJobBoard.com. If a school does not use the MyJobBoard.com password option and leaves their school specific section password unprotected the entire MyJobBoard.com site will still have the highest level of security, but we will have no way of authenticating users as students or alumni of a specific school. We are relying on the schools, students, and alumni to help us monitor all of our sections. If there is a job seeker that has falsified their affiliation with a particular school or if an employer has an inappropriate job posting administrators at every school have been given a code to immediately correct the situation by removing the information. MyJobBoard.com can also be contacted at Contactus@MyJobBoard.com to correct the situation by removing the information. Users are prohibited from violating or attempting to violate the security of MyJobBoard.com, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of MyJobBoard.com or the network security may result in civil or criminal liability. MyJobBoard.com 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. Your Grants. By submitting (e.g., uploading) Content to MyJobBoard.com, you automatically grant MyJobBoard.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with MyJobBoard.com), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Content have been waived. MyJobBoard.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on MyJobBoard.com. Without limiting the foregoing, MyJobBoard.com and its designees shall have the right to remove any Content that violates these Terms or are otherwise objectionable. You agree to indemnify and hold MyJobBoard.com harmless from any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another. Monitoring, etc. MyJobBoard.com is under no obligation to monitor the information residing on or transmitted via this MyJobBoard.com. However, you agree that MyJobBoard.com and/or any school that MyJobBoard.com allows, may monitor the MyJobBoard.com Contents to (1) comply with any school regulations or policies, applicable laws, regulations or other government requests; (2) to operate MyJobBoard.com properly or to protect itself and its users and Members; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. MyJobBoard.com and every school that uses our MyJobBoard.com Gumshoe Recruiter section reserves the right to modify, reject or eliminate any information residing on or transmitted to its System that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions, and any terms and conditions of individual schools. Information Collection. We will not gather any information on anyone under the age of 18. For job seekers over the age of 18: the very nature of the service MyJobBoard.com requires that we gather, process, use and distribute information which you provide directly (e.g., name, physical address, e-mail address, resume, school information etc.), as well as information regarding the manner in which you use MyJobBoard.com. While the use of our privacy features should provide you with a degree of control over the distribution of information you submit, MyJobBoard.com cannot guarantee that your information will be prevented from being viewed by any particular party. If you have directly submitted information and you want to remove it, and you are unable to remove it yourself, and would like us to remove it from our database, please contact us at Contactus@MyJobBoard.com and we will use reasonable efforts to help you delete your information from our then existing files. Disclaimers & Limitations. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF MYJOBBOARD.COM AND THE INTERNET GENERALLY. MYJOBBOARD.COM AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY MYJOBBOARD.COM, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. MYJOBBOARD.COM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON MYJOBBOARD.COM OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM MYJOBBOARD.COM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US AS THE SYSTEM PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON MYJOBBOARD.COM. WE MAKE NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN neither ANY JOB VIA MYJOBBOARD.COM, NOR ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. You agree to indemnify and hold MYJOBBOARD.COM, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Site, including also your use of the Site to provide a link to another Site or to upload content or other information to the Site. MYJOBBOARD.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON MYJOBBOARD.COM OR ANY OTHER MATERIAL ACCESSIBLE FROM MYJOBBOARD.COM. IN NO EVENT SHALL MYJOBBOARD.COM. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF MYJOBBOARD.COM OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH MYJOBBOARD.COM, OR OTHERWISE ARISING OUT OF THE USE OF THIS OF MYJOBBOARD.COM, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF MYJOBBOARD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MYJOBBOARD.COM’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $600.00 (SIX HUNDRED DOLLARS). Miscellaneous. No Partnership, etc. You agree that no joint venture, partnership, employment or agency relationship exists between you and MyJobBoard.com (or any of MyJobBoard.com Members) as a result of this agreement or your use of this MyJobBoard.com. Certain Legal Requirements. MyJobBoard.com's performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish MyJobBoard.com's right to comply with law enforcement requests or requirements relating to your use of MyJobBoard.com or information provided to or gathered by MyJobBoard.com with respect to such use. Agreement. These terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding MyJobBoard.com, its MyJobBoard.com or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Certain Rights & Obligations; Modification. MyJobBoard.com shall have the right to terminate your ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. MyJobBoard.com shall have the right to modify these terms and conditions at any time. The user may not assign any part of this Agreement without MyJobBoard.com prior written consent. The user shall pay any taxes, except for those based on MyJobBoard.com's annual net income. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. Enforcement, Interpretation, etc. These terms shall be governed by the laws of the Commonwealth of Massachusetts and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in the Commonwealth of Massachusetts, Massachusetts U.S.A. Use of this MyJobBoard.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, MyJobBoard.com will be entitled to equitable relief upon a breach of them by you.


 


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