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Terms of Service
LAST UPDATED: October 14, 2014
YOU AND JOBHOG, INC., D/B/A AGCAREERS.COM, (“WE”, “US”, AND “OUR”) AGREE THAT YOUR ACCESS TO AND USE OF THE WEB SITE LOCATED AT WWW.AGCAREERS.COM, AND ANY MOBILE APP PROVIDED BY US IN THE FUTURE, IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF SERVICE. TO MAKE THESE TERMS OF SERVICE EASIER TO READ, THE FOREGOING REFERENCED WEB SITE AND ANY FUTURE APP ARE REFERRED TO AS THE “WEB SITE” AND THE SERVICES PROVIDED BY US THROUGH THE WEB SITE ARE REFERRED TO AS THE “SERVICES.” YOUR USE OF THE WEB SITE OR THE SERVICES IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF SERVICE, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND US (THE "AGREEMENT"). WE ARE WILLING TO ALLOW YOU ACCESS TO THE WEB SITE AND PROVIDE THE SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. AFTER READING THE TERMS, IF YOU AGREE TO THE TERMS OF SERVICE, PLEASE INDICATE YOUR DECISION BY CLICKING THE CHECKBOX ON THE ACCOUNT SIGN UP/REGISTRATION FORM NEXT TO THE STATEMENT THAT READS “I have read and agreed to the Terms of Service.” IF YOU DO NOT AGREE, YOU WILL NOT BE ABLE TO ESTABLISH AN ACCOUNT AND USE OUR SERVICES. IN ALL CASES, BY ACCESSING, VIEWING OR USING OUR SITE, YOU AGREE TO THE TERMS OF SERVICE.
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you are under 18, then you are not permitted to use the Services. In order to receive the Services, you must pay in advance the applicable fee unless we agree that you may make payment pursuant to another payment plan. You must complete a sign-up form in order to use the Services. You may have one Account (as defined below) to use the Services. We reserve the right to refuse registration of, or cancel, Accounts at any time and for any reason, as we deem appropriate. Upon termination of your registration as a "user", you will no longer be allowed access to the Services or your Account. We also reserve the right to modify, suspend or discontinue the Services or the Web Site with or without notice at any time and without any liability to you.
Use of the Services requires that you register and/or create an account ("Account"). To register and create an Account, you must select an account user ID and password and provide certain personal information. In consideration of the use of the Web Site and the Services provided by us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to immediately terminate your access to the Web Site (or any portion thereof) or Services.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
If you are opening up an Account on behalf of an entity (e.g., an employer or a search firm, etc.), you represent and warrant that: (i) you are duly authorized to act for and on behalf of the entity with respect to the Account; and (ii) all information provided by you with respect to the entity and the Account will be true and accurate. You agree that you will not use the Account for any purposes other than representation of the entity.
All users may use the Web Site and the Services solely for their own non-commercial use. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Web Site or through the Services. We reserve all of our statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Web Site or any content contained therein, whether in whole or in part, without prior written consent from us. Any rights not expressly granted herein are reserved.
You agree that your use of the Web Site and the Services is subject to all applicable local, state and federal laws and regulations. You also agree:
For employers and search firms using the Services and the Web Site, you agree to use the Services and the Web Site solely to look for potential employees for specific employment opportunities and for no other purposes. Furthermore, you agree that you will not:
User Provided Content
Web Site allows you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, job postings, employment opportunities and resumes (collectively, "Submissions"). You agree not to create any Submission that:
Each time you provide a Submission to the Web Site, you represent and warrant that you have the right to provide such Submission, which means:
Submissions are not endorsed by us, and do not represent the views of us or our subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that we do not control Submissions, and disclaim any responsibility for Submissions. We specifically disclaim any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submission. In addition, we do not represent or warrant that any other content or information accessible via the Web Site is accurate, complete, reliable, current or error-free. Prices are subject to change without notice. we assume no responsibility or liability for any errors or omissions in the content provided via the Web Site.
We reserve the right (but disclaim any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submission for any reason or no reason whatsoever, in our absolute and sole discretion.
You acknowledge and agree that the Web Site contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Service without advance, written permission of us. All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Web Site are reserved.
Termination of access to the Web Site
We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services or the availability of the Web Site (or any part thereof).
Your intellectual property rights
We make no claims on any Submission. Any Submission submitted by you will remain your intellectual property. You represent and warrant that: (i) you have obtained all necessary third party rights, including, without limitation, copyrights, for any job posting, employment opportunities or resumes submitted by you. You will be responsible for making back-up and archival copies of your Submissions. In no event will we be responsible to you or any other person for any loss, corruption or alteration of Submissions.
You agree to indemnify, defend and hold us and our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
(i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;
(ii) your use of the Services or the Web Site in violation of this Agreement; or
(iii) your Submissions and/or your violation of any law or the rights of a third party.
You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against us for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Site or the Services.
Our intellectual property rights
You acknowledge that we own all right, title and interest in and to the Web Site and the Services (the " Intellectual Property"), and such Intellectual Property is protected by U.S. and international intellectual property laws. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Web Site.
Disclaimer of warranties
We are not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site and the Services may be temporarily unavailable from time to time for various reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials or Submission in connection with the Web Site or the Services. THE WEB SITES AND THE SERVICES ARE PROVIDED "AS-IS" AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITES AND/OR THE SERVICES.
We receive information from various sources and do not screen or censor the listings for job opportunities, candidate resumes or other information which comprise the content of the Web Site. Further, there are potential hazards of the electronic distribution, and there may be delays, omissions, inaccuracies or typographical errors in the content of the Web Site. According, we have no control over the quality, safety, or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of specific employers to make job offers to candidates or the ability of candidates to fill job openings. Further, there are potential risks, including but not limited to the risk of physical harm when dealing with people acting under false pretenses, strangers, foreign nationals or underage persons. We make no representations about the accuracy, reliability, completeness, or timeliness of this website or material. You assume all risks in dealing with other users with whom you come into contact with through the Web Site.
We are under no legal obligation to control the information provided by other users, which is made available through the Web Site. There is the potential that other user’s information may be offensive, harmful, inaccurate or deceptive. You are expected to use caution and common sense when using the Web Site. The use of the Web Site and all material included therein is at your own risk. Changes are periodically made to the Web Site and may be made from time to time without notice. Employers are solely responsible for their postings on the Web Site.
We are not to be considered to be an employer with respect to your use of the Web Site, and we do not guarantee that job candidates will be contacted or hired by any of the employers whose job postings appear on the Web Site. We are not responsible for any employment decisions, whatsoever, made by any entity posting jobs on the Web Site. Further we do not take responsibility for any job that candidates may secure as a result of using the Web Site. We do not make any representations or warranties of any kind with respect to any job candidates, employers, or third parties whether in regards to the Web Site, hiring, employment recruiting practices, products, or services. We do not endorse any job, candidate, employer or third party on the Web Site.
Limitation of liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITES OR THE SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEB SITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES; AND (B) TEN DOLLARS ($10). THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Links and Third Party Services
As a courtesy to you, the Web Site may offer links to other websites. We are not responsible for the contents of any website pages created and maintained by organizations independent of us. Visiting any such third-party website pages is at your own risk. We have no control of these third-party website pages, nor can we guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by us. If you receive any products or services from a third party web site your use of such services or receipt of such products will be subject to the terms and conditions of the applicable third party web site. By using the Web Site and Services you acknowledge that we are responsible neither for the availability of, nor the content located on or through any third-party website pages.
Credits, Holds and Offsets
Please be advised that if we receive any claim or threat of a claim, which is related to your use of the Services, we may put a “hold” on any Account you have with us, including any monies held on your behalf. Furthermore, to the extent that you owe us any amounts as a consequence of your use of the Services or our settlement of any claim made against you, we may, in our sole discretion, deduct all or a portion of such amounts from any amounts held by us in your Account. Any such deduction will not relieve you of any obligation to pay the remainder of any amounts due from you to us.
AgCareers.com™ is our trademark. Such trademark and other marks, logos, and names used on or in connection with the Web Site may not be used in connection with any product or service that is not under our ownership or control. Furthermore, such trademark may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by us or our affiliates, which appear on the Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You acknowledge that these Terms of Service are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Web Site and receipt or use of data, content, products and/or Services through the Web Site.
Jurisdiction, Arbitration, Applicable Law and Limitations
The Web Site is created and controlled by AgCareers.com in the State of North Carolina, U.S.A.
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. You agree that this Agreement will be governed by and construed in accordance with the laws of the United States of America and the State of North Carolina, without regard to its conflicts of law provisions. You agree that any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
Use of the Web Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. We make no claims or assurances that the Web Site are appropriate or may be downloaded outside of the United States. In the event that the arbitration or class action terms are determined to be unenforceable or invalid for any reason, you agree that all legal proceedings arising out of or in connection with this Agreement, or Services available on or through the Web Site must be filed in a federal or state court located in Raleigh, North Carolina within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
a. Enforceability. If any provision in this Agreement is found to be void, invalid or otherwise unenforceable, then that provision shall be deemed to be superseded by a valid, enforceable provision or that matches the intent of the original provision as closely as possible. The remainder of the Agreement shall continue to be enforceable and valid according to terms contained herein.
b. Entire Agreement. This Agreement sets forth the entire agreement between you and us pertaining to your use of the Web Site and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date (i.e., the LAST UPDATED date). Your continued use of the Services or the Web Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Web Site. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
c. No Waiver. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of this Agreement or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
d. Headings & Construction. The section titles in this Agreement are for your convenience only and carry no contractual or legal effect whatsoever. The language in this Agreement shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
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