If you register as a user of “The Agency” websites, you will be assigned an account logon username and password, and that username is unique to you. You are responsible for maintaining the confidentiality of your account logon information, and will be responsible for all activities that occur under your account logon. You agree to notify “The Agency” of any unauthorized use of your account logon or any other breach of security. Your right to use “The Agency” websites is not transferable, nor may any password or right given to you to obtain information or access be transferred to or used by any party.
“The Agency” allows you to change or correct your registration information at any time, including removal or replacement of any resumes or profile information. To do so, simply log into your account, go to your account profile, and you will find options for editing the information you have submitted. However, users who may have previously accessed the web site may have retained a copy of your resume or an earlier version of it; therefore we cannot be responsible for the retention, use, or privacy of any resumes that have been posted on our site, or for their unauthorized use or disclosure by or to third parties under these circumstances.
Restrictions on Use of Materials
Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the “The Agency” websites (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by “The Agency,” or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through “The Agency” websites.
No Content from “The Agency” websites may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from “The Agency,” or the copyright holder identified in the copyright notice contained in the Content.
If you wish to build a hyperlink to “The Agency” websites, you may do so provided you agree to cease such link upon request from “The Agency.” No other use is permitted without prior written permission of “The Agency.” Use of any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose is a violation of “The Agency’s” copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks of “The Agency,” service marks and trade names are proprietary to “The Agency.” All other trademarks are the property of the affiliate or advertiser displaying them and “The Agency” makes no claim or right to them.
Acceptable Use Policy
Users may not use “The Agency” websites to publish, transmit, distribute, store or destroy material, writing, or information: (a) in violation of any applicable law or regulation, (b) in a manner that will infringe 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. All communications, postings, emails, attachments, uploads, or other forms of publication on or through “The Agency” websites shall conform to our standards of acceptable use, as we may determine from time to time in our sole discretion.
Due to the nature of the Internet, all unencrypted communications should be considered public, except those identified as secure and encrypted. You should not upload or distribute any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law or personal rights.
You may not use “The Agency” websites to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services, including spam, pyramid schemes, and the like. You specifically acknowledge that soliciting other guests of “The Agency” websites to join or become members of any commercial online or offline service or other organization is expressly prohibited. Using the resumes for any purpose other than as an employer seeking employees, including but not limited to using the information to sell or promote any products or services, is strictly prohibited. In addition, sending unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of “The Agency” is unacceptable use of this site. Deleting or revising any material posted by any other person or entity without their consent, or using any device, software or routine for purposes of interference or unauthorized access of the “The Agency” websites is illegal and obviously not acceptable use.
No Warranty of Content
“The Agency” does not verify or warranty the truthfulness, accuracy, or reliability of any Content or postings by users, nor do we endorse or edit any representations, promises, communications, or offers by our users. You acknowledge that any reliance on material posted by other users will be at your own risk. “The Agency” simply acts as a forum for the online distribution and publication of information submitted by our users relating to careers. We do not screen such information in advance of publication and are not responsible for its content. However, if we are notified by a user of communications which allegedly do not conform to these conditions of use, “The Agency” may investigate the allegation and at our sole discretion determine whether to remove or request the removal of such communication. In no event do we assume responsibility or liability for performance or nonperformance of our services. Usage of this site is at the will of “The Agency” and we reserve the right to terminate access and usage immediately and without notice and to prevent further use of the site, either by of user lockout, IP address blocking, or through any other legal method deemed appropriate by “The Agency.”
“The Agency” does not monitor or edit the Content of any uploaded materials unless required in the course of normal maintenance of “The Agency” websites and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on “The Agency”; (2) protect and defend the legitimate business interests, rights or property of “The Agency,” its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications. Notwithstanding, “The Agency” has the right but not the obligation to monitor and edit or remove any communications and Content without further notice.
“The Agency” is directed to adults and not to children under the age of 13. However, we cannot prohibit minors from visiting our website, so we must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. You must be at least 13 to use this website, and minors under the age of 18 must have their parent’s consent before providing any information to “The Agency.” Parents are encouraged to monitor and supervise their children’s use of this and every website “The Agency” complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13.
Fees and Payments
“The Agency” reserves the right at any time to charge fees for access to or usage of portions of “The Agency” websites or the websites as a whole, or to change the schedule of fees charged to our customers. However, in no event will you be charged for access to “The Agency” websites unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. In addition, you shall pay all applicable taxes relating to use of “The Agency” websites through your account. If your termination is for cause, “The Agency” reserves the right to collect any outstanding balances, and for 50% of any remaining unused portion of any contract, including collection costs and reasonable attorneys fees of “The Agency” for such recovery.
THE CONTENT IN “THE AGENCY” WEBSITES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, “THE AGENCY” DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. “THE AGENCY” DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT “THE AGENCY”WEBSITES OR THE SERVER(S) THAT MAKES “THE AGENCY”WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. “THE AGENCY” DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON “THE AGENCY” WEBSITES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT “THE AGENCY”) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL “THE AGENCY” BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON “THE AGENCY” WEBSITES, EVEN IF “THE AGENCY” OR ANY AUTHORIZED REPRESENTATIVE OF “THE AGENCY” HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL “THE AGENCY’S” TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING “THE AGENCY” WEBSITES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD “THE AGENCY” HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEYS FEES, RELATED TO YOUR VIOLATION OR ALLEGED VIOLATION OF THIS AGREEMENT OR YOUR USE OF THE “THE AGENCY” WEBSITES.
Not Legal or Professional Advice
The Content contained on “The Agency” websites has been prepared by “The Agency” as a service to its readers and the Internet community and is not intended to constitute legal advice or professional career counseling. “The Agency” has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to “The Agency” websites. Users of information from “The Agency” websites or links do so at their own risk.
Nothing on “The Agency” websites shall be considered an endorsement, representation or warranty with the respect to any user or third party, regarding any hiring, products, services, experience, employment, recruiting, or otherwise. “The Agency” does not guarantee any results, and makes no representations regarding the effectiveness or timeliness of the website in meeting employment objectives of users, jobseekers or employers, and has no responsibility for any employment decisions made by any user.
Links to Other Sites
To the extent that “The Agency” websites contain links to outside services and resources, “The Agency” does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. Any reference made by the “The Agency” websites to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by “The Agency.” Content on “The Agency” websites may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of “The Agency.”
Jobseeker Term and Termination
This agreement shall be effective immediately and shall continue until terminated by either party. You may terminate this agreement at any time by giving “The Agency” two (2) weeks written notice. The privileges granted to you by these terms, including the maintenance of your account, may be terminated at will by “The Agency” without notice if “The Agency,” in its sole discretion, determines that you failed to comply with any provision of these terms and conditions. Upon termination for any reason, you must destroy all Content obtained from “The Agency” websites and all copies thereof, whether made under these terms or otherwise. “The Agency” may take such further action as “The Agency” determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and “The Agency” shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from “The Agency’s” exercise of its rights under these terms and conditions.
These terms shall be governed by and construed in accordance with the laws of the State of Kentucky. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Jefferson County, Kentucky, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to “The Agency” websites and these Terms of Service must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by “The Agency.” To the extent that anything in or associated with “The Agency” websites is in conflict or inconsistent with these Terms and Conditions, this document shall take precedence. “The Agency’s’ failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.