PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
The NPO.net Jobs Service (the "Service") is controlled and operated
by Lumity ("us" or "we") from its offices within
the United States. We do not represent that the Service is appropriate or
available for use elsewhere. Access to the Service from locations where its
content are illegal is not authorized. If you access the Service from outside
the United States, you do so on your initiative and at your own risk.
These Terms of Service are the terms and conditions under which you may use
the Service and are in addition to the Terms of Use for the NPO.net web site. In
the event of any conflict between these Terms of Service and the Terms of Use,
these Terms of Service shall control with regard to your use of the Service. Any
use of the Service or related services indicates your acknowledgment that you
have read and understand these Terms of Service and your acceptance to be bound
by these Terms of Service. We may change these Terms of Service at any time in
our sole discretion by posting the amended terms on this site, so you should
visit this page periodically to review the Terms of Service in effect at that
time. Your use of the Service following any amendment to these Terms of Service
will constitute your agreement to be bound by these Terms of Service, as
amended.
As used in these Terms of Service, the terms "you" and
"user" mean any individual or entity accessing the Service, including
without limitation, posting organizations and individuals seeking job
opportunities, "Jobseeker" means any individual accessing the Service
for purposes of seeking employment or obtaining career information, and
"Employer" means any individual or entity accessing the Service for
purposes of seeking job candidates and posting job listings.
Use of Content
We own exclusively all content appearing on or otherwise a part of the
Service, including, but not limited to, graphics, logos, text, data, Your
Content (as described below), page layout and the look and feel of the web pages
(collectively, the "Content"). The Content is protected under U.S. and
international copyright laws. Except for the license granted herein, your use of
the Service gives you no rights in our copyright, trademarks, trade secrets, or
any other intellectual property rights.
For Jobseekers, we grant to you a personal, non-transferable and
non-exclusive right to access, display and use the Content for your use solely
in connection with seeking employment, and to print pages from the Service
solely in connection with such use. We reserve all other rights. All use must be
in accordance with these Terms of Service. No portion of the Content may be
modified, copied, sold, leased, distributed, transmitted or used for any
commercial purpose or on behalf of any other person or entity. The license and
rights granted to you in these Terms of Service shall terminate automatically if
you breach any of these Terms of Service.
You may not incorporate the Content into another database, search engine or
networked computer environment of any kind. You may not create a web site that
frames the Service or any proprietary information located on the Service,
including any Content. You may not access the Content by means of any automated
processes, spiders, bots or similar devices. You may not modify, copy, transmit,
create derivative works from, reverse engineer, disassemble, or otherwise
attempt to discover any source code from, any software accessible or available
through the Service, or sell, assign, sub-license or otherwise transfer any
right in such software.
By posting a job listing on the Service or by otherwise using the Service,
you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license
and full right to use, reproduce, modify, conform, adapt, publish or transmit,
or create any derivative works from such job listings or other content you post
on, or input into, the Service ("Your Content"). You warrant to us
that the holder of any rights, including any moral rights, in Your Content, has
waived all such rights and has irrevocably granted to you the right to grant the
licenses described above.
Use of the Service
You may only use the Service to locate job opportunities, obtain career
information and seek job candidates, as described above. You covenant, represent
and warrant that you will adhere to and be in full compliance in all material
respects with all applicable federal, state and local laws, codes, ordinances,
rules and regulations, including, without limitation those relating to
employment. Without limiting the foregoing in any way, you must not (among other
things): (a) use the Service for any fraudulent, illegal, defamatory, harassing,
offensive or otherwise wrongful or inappropriate activity including, but not
limited to, the posting of sexually explicit material or content inappropriate
for viewing by minors, or content which is likely to offend or criticize any
employer, employee, job seeker, or other group or portion of society, (b) post
any content where such posting constitutes the infringement or violation of any
right of any third party, or (c) use the Service in a manner that violates any
applicable law or regulation. You agree not to engage in any activity that would
impair the proper functioning of the Service and its Content, including
intentionally taking any action that would impose an unreasonable or disproportionably
large load on the Service or our infrastructure or
intentionally uploading, posting or otherwise transmitting through or on the
Service any viruses or other harmful, disruptive, or destructive files or
disabling devices. Specifically, you agree not to post any false or misleading
postings, interfere with, or modify the postings or functioning of any part of
the Service, or engage in any activity to defeat any security or feature of the
Service. You may not post any franchise or other business opportunity which
requires an initial or periodic payment, pays an insignificant salary or
commissions only, or requires recruitment of other members or sub-agents.
Disclaimer of Content
Your communications and postings (including those by your employees or
agents) on the Service are solely your responsibility. We are not responsible
for screening or monitoring material or information posted by users. We do not
prepare or edit communications or postings, screen communications or postings in
advance, or review or confirm the accuracy or appropriateness of any Content or
postings on the Service, but we reserve the right (but not the obligation) to
review and reject any information, in our sole discretion, that we believe to be
contrary to these Terms of Service. We reserve the right to remove any Content,
deactivate any account, or otherwise terminate access to the Service at any time
for any reason with or without notice in our sole discretion, including without
limitation, for violation of any of these Terms of Service, or if otherwise
compelled by court order. If notified by a user of any communication or posting
which allegedly does not conform to these Terms of Service, we may investigate
the allegation and determine in good faith and in our sole discretion whether to
remove, or request the removal of, the communication or posting. We have no
liability or responsibility to users for the performance or nonperformance of
such activities. We do not endorse or sponsor in any way the activities,
products, services, practices or policies of any Employer that posts information
on or that uses or serves as part of the Service. Any and all content, facts,
assertions or other information in any posting by any posting organization or
other user is solely the action and responsibility of the posting person or
entity, not us. We accept no responsibility for the Content (including without
limitation for the accuracy, completeness or appropriateness of any such
Content), or the hiring or other actions, practices or policies of Employers or
other users of the Service. Users, including without limitation Employers and
Jobseekers, also bear sole and complete responsibility for determining whether
any posting or pursuit of any job opportunity would be consistent with any
contractual or other obligations (if any) that they may have to any other person
or entity, including, without limitation any confidentiality or fiduciary
obligation to any third party.
Third Party Web Sites
The Service may contain links to other third party web sites. Information
contained in such third party web sites is not endorsed, monitored or verified
by us. We are not responsible for the privacy practices of, or content used by,
other third party site owners. We do not make any representations regarding the
accuracy of such content. Please be aware that your use of such third party web
sites may be subject to such other sites' terms of use.
User Data
We maintain the confidentiality of information submitted to us by Employers
seeking job candidates that is not included in their posting.
Customer Accounts
Customer accounts for those submitting job postings are accessible only by
selecting and using a unique account ID, user name, and password. You can change
your password and account status at any time.
We recommend that you keep your account Ids, user names, and passwords secure
to protect against unauthorized access to your accounts. You are responsible for
maintaining the confidentiality of your account ID, user name, and password,
which grant access to your accounts.
Termination
If you are a Jobseeker, we may terminate or suspend your ability to access
the Service, the Content and any other service we may provide to you at any time
for any reason, with or without notice. If you are an Employer, we reserve the
right to deactivate your account or otherwise terminate or suspend your ability
to access the Service if you fail to comply with these Terms of Service (or if
otherwise compelled by court order), as set forth in the Disclaimer of Content
section.
Not an Employer or Job Placement Agency
We are not and are not to be considered to be an employer, posting
organization, job placement agency or recruiter (or an agent of any such person
or entity) with respect to you or your use of the Service. We do not make or
participate in, and shall not be responsible for any employment decisions or
other actions, practices or policies of any kind, for whatever reason made, by
an person or entity posting jobs on or otherwise using the Service.
Disclaimer of Liability
THE SERVICE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE ACCESS AND USE OF THE SERVICE AND ITS CONTENT, OR ANY
THIRD PARTY SITE AND ITS CONTENT, IS AT YOUR OWN RISK. FURTHER, WE DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS
THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR
USE OF THE SERVICE OR ITS CONTENT, OR ANY THIRD PARTY SITE OR ITS CONTENT,
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT
RESPONSIBLE FOR THOSE COSTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF THEIR
CORRECTNESS, COMPLETENESS, ACCURACY, TIMELINESS, RELIABILITY, EFFECTIVENESS OR
OTHERWISE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR OFFICERS, DIRECTORS, AGENTS OR
EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, LOST WAGES, OR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM ACCESS TO, OR THE USE OF OR THE INABILITY TO USE, THE SERVICE REGARDLESS OF
THE FORM OF ACTION IN WHICH SUCH DAMAGES ARE ASSERTED, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE AND OUR OFFICERS,
DIRECTORS, AGENTS AND EMPLOYEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY THIRD PARTY SITE OR ANY USER OF THE SERVICE. WE AND OUR
OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT RESPONSIBLE FOR THE USE OF, OR
THE FAILURE TO MAINTAIN CONFIDENTIALITY OF, THE CONTENT BY ANYONE OTHER THAN US.
Because we are not and cannot be involved in user-to-user dealings or control
the behavior of users of the Service, if you have a dispute with or related to
the act(s) of one or more users, you agree to pursue that dispute with those
users, and you release us and our affiliates or other related entities, and
their respective shareholders, officers, directors, employees, agents, attorneys
and representatives and the predecessors, successors and assigns of each of
them, from claims, demands and damages of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with the dispute. You may potentially have applicable to
you laws that may affect your ability to release unknown claims, including laws
that are identical or similar in form, content or intent to the following
(which, by way of example, sets forth the text of California Civil Code §
1542):
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You nevertheless hereby voluntarily waive and relinquish any and all rights
under this provision and under any and all other federal, state, local,
statutory, common law and other legal provisions, whether or not similar in
form, content or intent to the foregoing provision, that may in any way affect
your ability to release unknown or unsuspected claims.
Refunds
Once a purchase has been made through the Service, either by credit
card or invoice, refunds will not be made. Under extraordinary circumstances
exceptions might be made on a case-by-case basis, in our sole discretion.
Indemnification
You agree to defend, indemnify and hold us and our officers,
directors, agents and employees harmless from and against any claims, actions or
demands, liabilities and settlements, or other loss or expense that we may
suffer, including without limitation, reasonable legal and accounting fees,
resulting from, or alleged to result from: (a) your use of the Service or any of
its Content; (b) any material, communications or postings you provide to the
Service; or (c) any breach by you of these Terms of Service.
Governing Law; Jurisdiction and Venue
These Terms of Service are governed by
the laws of the State of Illinois and any disputes relating to these Terms of
Service or use of the Service shall be resolved exclusively in the federal or
state courts in Cook County, Illinois. You agree to submit to personal
jurisdiction and venue of the federal and state courts in Cook County, Illinois.
Severability
In the event that any provision or portion of these Terms of
Service is held to be invalid, such provision or portion shall be deemed severed
and the invalidity of such provision or portion will not affect the validity of
the remaining provisions of these Terms of Service, which will remain in full
force and effect.
Waiver and Amendment
No waiver of any term of these Terms of Service shall be
deemed a further or continuing waiver of such term or any other term. No changes
to these Terms and Service shall be made except by a revised posting of such
Terms of Service by us at any time in our sole discretion.
Entire Agreement
These Terms of Service constitute the entire agreement
between us and users for your use of the Service. These Terms of Service do not
constitute any partnership, joint venture, or other relationship other than as
expressly stated herein. No prior agreements, discussions or understandings,
whether oral or written, including, without limitation, past versions of these
Terms of Service, will be binding upon us.
©
Lumity
