Terms & Conditions of Use for Jobstick.com

  1. Introduction. Please carefully read this web page and these Terms and Conditions ("T&C") as they govern your access to and use of this website, www.Jobstick.com ("Jobstick.com" or the "Site"). If you do not accept these T&C you may not use the Site.
  2. Binding Agreement. These T&C, along with your acceptance of them, create a legally binding agreement (the "Agreement") between you and Jobstick LLC (the "Company"), which owns and operates the web site Jobstick.com. By accessing and using Jobstick.com, you acknowledge that you have read, reviewed, and understand the T&C, and you further acknowledge that you agree to be bound by, and will comply with, the T&C. Furthermore, you agree that your use of the Site shall be at your own risk.
  3. Use of the Site.
    1. General Use. The Site is intended for individuals seeking employment (collectively "Candidates" or individually a "Candidate") and for employers seeking one or more Candidates for employment ("Employers" or individually an "Employer") (collectively "Users" or individually "User"). Your use of this Site must only be for lawful purposes, and must fall within the intended and stated use of the Site.
    2. Candidate's License to Use. The Company hereby grants to you a limited, terminable, non-exclusive right to access and use the Site only for your personal use, which must relate to the searching for employment opportunities for yourself. This license authorizes you to view and access the content available on or from the Site, solely for your personal, non-commercial use.
      1. Since your use of this Site is a privilege, Jobstick reserves the right to suspend and/or terminate that privilege for any reason, at any time, in its sole and exclusive discretion.
      2. You agree that you are solely responsible for the truthfulness, accuracy, reliability, and timeliness of any information that you submit and/or post to the Site, and any consequences that might arise from such posting and/or submission.
      3. You agree that you are solely responsible for the content of any document and/or information that you post and/or submit to the Site, and any consequences that might arise from such posting and/or submission. 
      4. The Company shall have the sole and exclusive right to determine whether any document and/or information posted and/or submitted to the Site falls within the acceptable use standard set forth in this Agreement.
    3. Employer's License to Use. The Company hereby grants to you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use, which must relate to the searching for and recruiting of Candidates for employment. This license authorizes you to view and access the content available on or from the Site, solely for your internal business use, which must relate to the searching for and recruiting of Candidates.
      1. Since your use of this Site is a privilege, the Company reserves the right to suspend and/or terminate that privilege for any reason, at any time, in its sole and exclusive discretion. 
      2. You agree that you are solely responsible for the truthfulness, accuracy, reliability, and timeliness of any information that you submit and/or post to the Site, and any consequences that might arise from such posting and/or submission. 
      3. You agree that you are solely responsible for the content of any document and/or information that you post and/or submit to the Site, and any consequences from such posting and/or submission. 
      4. The Company shall have the sole and exclusive right to determine whether any document and/or information posted and/or submitted to the Site falls within the acceptable use standard set forth in this Agreement.
    4. Anonymity Policy. The Company's Anonymity Policy requires all Users to remain anonymous to one another at all times, subject to one exception. Thus, unless the sole exception applies, other Users will not have access to all names, addresses, telephone numbers (of any kind), email addresses, fax numbers, screen names, or any other form of identifying information submitted by you (collectively, "Contact Information"). The Company will give each User a unique identification number that will be used for all forms of communication between Users, unless the sole exception applies.
      1. The only exception to this Policy is when both a Candidate and an Employer pay the required fee for the purpose of interviewing one another ("IntroView Fee"). Once both parties pay the IntroView Fee, the Company will reveal each party's (hereinafter referred to as either a "Revealed Candidate" or "Revealed Employer") Contact Information to the opposite party (in a manner under the Company's sole discretion), for the explicit purpose of allowing both parties to contact one another directly. From that moment on, the Revealed Candidate and Revealed Employer will no longer be anonymous to one another (note, however, that the Revealed Candidate and Revealed Employer will still remain anonymous to all other Users).
    5. Prohibited Uses. Besides the acceptable uses of the Site outlined herein, the Company specifically prohibits the following actions, and this list is not exhaustive:
      1. Violate the Company Anonymity Policy in any way. This includes, but is not limited to:
        1. Posting and/or submitting to the Site any document (excluding a User's resume) and/or information that includes a User's Contact Information; and 
        2. Providing any User with the Contact Information of a Revealed Candidate and/or Revealed Employer for any reason whatsoever.
      2. Post and/or submit to the Site any incomplete, false or inaccurate biographical information or information that is not your own;
      3. Access the Site via the login information for a User other than yourself;
      4. Impersonate any other person when accessing the Site in any way, for any reason;
      5. Delete, edit, or revise any material posted by any other User;
      6. Post and/or submit any material that infringes on or misappropriates any intellectual property rights of others, or violates the privacy or publicity rights of others;
      7. Post and/or submit anything that is sexually explicit, harassing, threatening, obscene, libelous, hateful, defamatory, abusive, offensive to another person or entity or in violation of any applicable laws;
      8. Take any action that imposes an unreasonable and/or disproportionately large load on the Site's infrastructure;
      9. Use or attempt to use any automated or semi-automated software to navigate or search the Site; you must at all times comply with the access restrictions specified in http://www.jobstick.com/robots.txt;
      10. Decompile, disassemble, decipher or reverse engineer any of the software comprising, or in any way making up a part of, the Site;
      11. Aggregate, copy, duplicate, in any manner, any information regarding Candidates, Employers, Jobs, or any other Users of the Site, without express written consent from the Company; or
      12. Disrupt or compromise the security of this Site or disrupt or compromise any servers, computers, networks, data, software or hardware.
  4. The Company's Intellectual Property Rights. The Site is the sole property of the Company. The contents of the Site, and all other websites under the Company's control, whether partial or otherwise, such as, but not limited to, text, graphics, logos, icons, software, code, and other such content (collectively, "Jobstick Intellectual Property" or "Jobstick IP"), are protected under United States and foreign copyright, trademark, and other laws. All Jobstick IP is the property of the Company, unless otherwise indicated, and the compilation of the Jobstick IP on the Site is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Jobstick IP may violate these laws, and is strictly prohibited.
    1. Furthermore, you agree not to sell, modify, reproduce, copy, distribute, display or otherwise use the Jobstick IP in any way for any public or commercial purpose, in any other manner that is likely to cause confusion among consumers, or otherwise infringes the Company's intellectual property rights. 
    2. You agree not to misuse Jobstick IP that appears on the Site, including, but not limited to, any method outlined in Section 3 of this Agreement. 
    3. Any code that is generated and/or created by the Company to display Jobstick IP, or the individual pages that comprise the Site, are also part of the Jobstick IP, and are thus protected under the same laws as cited above. 
    4. You may not copy, edit, distribute, or otherwise disseminate such code. 
    5. Except for the limited licenses expressly granted to you herein, the Company reserves for itself all other rights, title, and interest to the Site and the Jobstick IP. 
    6. All other product and service marks contained on the Site are the trademarks of their respective owners.
  5. Registration and Password. Each User is responsible for maintaining the confidentiality of their own account, which includes, but is not limited to, its user name and password. You shall be responsible for any and all use of your account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your account.
  6. Limitations on Jobstick's Liability.
    1. The Company has no obligation to screen User content, communications or information in advance, and is not responsible for screening or monitoring User content submitted and/or posted by Users. The Company assumes no responsibility for any information, including but not limited to, uploaded documents and/or other information posted by Users, and no responsibility for the activities, omissions or other conduct of Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
    2. The Company is not a recruiting firm or an employment agency, and therefore makes no representations and/or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment needs of Users. 
    3. The Company cannot guarantee and does not promise any specific results from use of the Site. The Company does not imply, or in any way guarantee, that:
      1. a Candidate will find an Employer that fits the Candidate's desires and/or needs; 
      2. an Employer will find a Candidate that fits the Employer's desires and/or needs; 
      3. a Candidate will get an interview with an Employer with whom the Candidate is matched even if anonymity is removed via the payment of the IntroView Fee as provided in Section 3(d) above; 
      4. an Employer will get an interview with a Candidate with whom the Employer is matched even if anonymity is removed via the payment of the IntroView Fee as provided in Section 3(d) above; 
      5. a Candidate's use of this Site will result in the hiring of the Candidate by an Employer even if anonymity is removed via the payment of the IntroView Fee as provided in Section 3(d) above; and/or 
      6. an Employer's use of this Site will result in the hiring of a Candidate by an Employer even if anonymity is removed via the payment of the IntroView Fee as provided in Section 3(d) above.
    4. Upon payment of the IntroView Fee by both a Candidate and an Employer (as provided in Section 3(d) above), the Company's only requirement will be to provide both the Candidate and the Employer with the contact information of the opposite party. Once provided, the Company no longer plays a role in the hiring process and is not obligated to provide any further input or assistance regarding the hiring process. It will be the User's exclusive responsibility to contact the other party to set up an interview. Further, the Company is in no way responsible for any employment decisions, for whatever reason made, made by any User.
    5. No action by the Company ("Company Action") shall be considered an endorsement, representation or warranty with respect to any User, such User's hiring practices, skills, experiences, previous and/or current employment, recruiting practices, ability to practice law, or otherwise. "Company Action" includes, but is not limited to, content on the Site, email communications, print media, text messages, or any other form of communication between the Company and a User or potential User.
    6. The Company has no control over User content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to Candidates to fill job openings. While the Company reserves the right in its sole discretion to remove User content from the Site, the Company does not assume any obligation to do so and disclaims any liability for failing to take any action.
    7. The Company's proprietary Advanced Job Matching ("AJM") system only provides each Employer with a list (possibly empty) of matched Candidates and provides each Candidate with a list (possibly empty) of matched Employers. The list provided (if not empty) is ranked based on the criteria set forth by each User. The match score ("Score") given to a specific Candidate does not imply, suggest or otherwise indicate the Candidate's ability to practice law is in any way related to the Candidate's Score. Conversely, an Employer's Score does not imply, suggest or otherwise indicate that the Employer is any better, worse, or more or less proficient than any other employer in the practice of law. The Score is only a reflection of how well a Candidate or an Employer matches with a User, based on the needs, desires, and requirements set forth by each party.
    8. No advice or information, whether oral or written, obtained by a User from the Company or through or from the Site shall create any warranty not expressly stated herein.
    9. All Users hereby acknowledge and accept the limitations on the Company's liability found herein, and waive any claims of whatever nature against the Company, its members, officers, employees, and agents, whether direct or indirect, including assertions, causes of action and/or possible damages, that a User may hold or allege to hold related to all manner of use of and/or visiting the Site.
  7. WARRANTY DISCLAIMERS.
    1. THE SITE IS PROVIDED ON AN 'AS-IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY, TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AND/OR THE CONTENT OF THE SITE.
    2. Without limitation on the foregoing:
      1. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF ANY USER'S USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS; RATHER, SUCH USER ALONE WILL BEAR THOSE COSTS.
      2. FURTHER, THE COMPANY DOES NOT WARRANT THAT THE DOCUMENTS AND/OR INFORMATION POSTED BY USERS OF THE SITE ARE TRUTHFUL, ACCURATE, RELIABLE, COMPLETE OR TIMELY. DOCUMENTS AND/OR INFORMATION MAY CONTAIN INACCURACIES AND/OR TYPOGRAPHICAL ERRORS, WHICH ARE SOLELY ATTRIBUTABLE TO THE SPECIFIC USER WHO UPLOADED SUCH DOCUMENTS OR PROVIDED SUCH INFORMATION. YOUR USE AND/OR RELIANCE ON SUCH DOCUMENTS WILL BE AT YOUR OWN RISK. 
      3. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE JOBSTICK IP, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES AND/OR TYPOGRAPHICAL ERRORS.
  8. DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY (OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST EMPLOYMENT OPPORTUNITIES, OR DAMAGES RESULTING FROM LOST DATA AND/OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF THE SITE OR INABILITY TO USE THE SITE AND THE JOBSTICK IP, 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.
  9. LIMITATION OF LIABILITY. THE COMPANY'S (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, OR YOUR USE OF THE JOBSTICK IP, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), SHALL NOT EXCEED $1 or the total amounts paid by the User whichever is smaller.
  10. Indemnity. You agree to defend, indemnify, and hold harmless the Company (and its officers, directors, members, employees, and agents) from and against any third-party claims, actions or demands (including, but not limited to, costs, damages, and reasonable legal and/or accounting fees) arising from or resulting from or in connection with your use of the Site, any document or information posted by you, or your breach of this Agreement. The Company shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending such claim, suit or proceeding.
  11. Copyright Agent for Notice of Infringement
    1. The Company respects the intellectual property of others, and all Users are required to do the same. Users are required to honor the protection given under copyright laws. Repeat infringers of the intellectual property rights of others will be denied the privileges that are made available to Users in connection with the Site, and may be denied access to the Site (at the sole and exclusive discretion of the Company). This applies to any material posted through the Site, including, but not limited to, any documents and/or information posted and/or submitted to the Site, and any material posted or made available through the forums and other social networking aspects of the Site.
    2. Pursuant to the Digital Millennium Copyright Act, United States Code, Section 512, the Company has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site.
      1. The Company's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
        1. By mail: Avi Marcus, Esq.
          c/o Jobstick LLC
          The Blackwell Building, Suite 501
          7758 Wisconsin Avenue
          Bethesda, MD 20814 
        2. By phone: 301-222-1000 
        3. By fax: 301-222-1001 
        4. By email:
    3. If you believe that your work has been reproduced on the Site and that such reproduction constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide written notice ("Notice") to the Company's designated agent in accordance with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. Section 512.
    4. A Notice of claimed infringement must include the following information:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and 
      2. A description of the copyrighted work or other intellectual property that you claim has been infringed; and 
      3. A description of where the material that you claim is infringing is located on the Site; and 
      4. Your address, telephone number, and e-mail address; and 
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and 
      6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf
  12. General
    1. T&C Revision. The Company may revise this Agreement at any time by updating this page. It is your responsibility to periodically review this Agreement to make sure you continue to accept the then-updated T&C. Your continued use of this Site will be considered your acceptance of the then-updated T&C. Any changes made will be binding on you on the date they are posted on the site (or otherwise stated in any notice of such changes). If you find the then-updated T&C unacceptable, you may no longer use this Site. Any new and/or different terms supplied by you are hereby rejected by the Company, unless the Company agrees to them in a signed writing specifically mentioning those new and/or different terms.
    2. Privacy Policy. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Site's Privacy Policy governs the data collected by the Site. Please note that the Company may collect and retain certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. Additionally, the Company reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from governmental entities, even to the extent that such compliance may require disclosure of certain information collected from Users. 
    3. Notice. Any notice provided by the Company for Users shall be sent to the email address submitted by you. 
    4. Third-Party Links. The Site may contain links to third-party web sites that are provided solely as a convenience to you, and are not an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of such third-party web sites, and your use of such sites is at your own risk and discretion. 
    5. Jurisdiction. This Agreement is governed by the laws of the State of Maryland, 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 in the State of Maryland. Further, both the User and the Company agree that the Company operates only in the State of Maryland, and that the relationship between the User and the Company shall, for jurisdictional and all other purposes, be located in the State of Maryland. 
    6. Severability. If any provision of this Agreement shall be found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. 
    7. Termination. In the event your access or use of the Site is terminated, all provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. 
    8. Transfer. You may not transfer and/or assign your obligations under this Agreement. 
    9. Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, the Company's failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect the Company's ability to enforce such term at any point in the future. 
    10. Entire Agreement. Except as expressly provided by the Company, this Agreement, including the Privacy Policy incorporated herein, constitutes the entire agreement between you and the Company. 
    11. Headings. The headings of the various sections of this Agreement are for explanation purposes, and have no impact of the substance of the various sections.

THESE T&C CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY, AND IS ACCEPTED BY YOU UPON YOUR USE OF THE SITE.

 

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