Welcome to the Jobs-Search.com website (the "Site"). Candidates and other visitors to the Site may use many of the features on the Site for free. The small number of services which require payment are optional and marked as such.
1. Definitions.
The Site is an online service operated by Jobs-Search.com, LLC, a wholly owned subsidiary of Jobs-Search.com Holdings, Inc. on the World Wide Web of the Internet, consisting of certain services and content provided by Jobs-Search.com, LLC (hereinafter "Jobs-Search.com"), affiliated companies, and third parties.
2. General
(A) These Terms of Use (the "Agreement"), sets forth the terms and conditions that apply to use of the Site by each end user thereof ("End User"). IF YOU ARE DISSATISFIED WITH THE SITE OR WITH THE AGREEMENT FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. By using the Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use the Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User shall be fully responsible for the use of the Site by any other person it permits to access the Site.
(B) Jobs-Search.com shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
Jobs-Search.com shall have the right at any time to change or modify the terms and conditions applicable to End User's use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, requiring user registration, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof.
4. Equipment
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
5. End User Conduct
(A) YOU ARE RESPONSIBLE FOR YOUR ACTIONS ON THE SITE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY POSTING OR SUBMISSION OF ANY INFORMATION OR DATA BY YOU TO OR VIA THE SITE. End User shall use the Site for lawful purposes only. End User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Jobs-Search.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Jobs-Search.com's discretion restricts or inhibits any other End User from using or enjoying the Site will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) the Site or its computer network to make unauthorized entry to any other machine accessible via the Site or its computer network and (4) use of the Site to advertise orperform certain commercial solicitations, including, but not limited to, (a) the solicitation of users of the Site to becomeusers of other on-line services competitive with the Site and (b) the attempted use of job posting ads to promote opportunities other than specific employment opportunities in specific locations with specific organizations. Without limiting any other rights or remedies of Jobs-Search.com, violations of the foregoing may result in removal of violative communications and/or earlytermination of the End User's access to the Site.
(B) The Site contains copyrighted material, trademarks and other proprietary information, that may include, but is not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. Jobs-Search.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express permission of Jobs-Search.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material.
(C) End User shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with End User. End User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By publishing, displaying or uploading any text, links, photos, video, messages orother data or information to any public area of the Site, End Userautomatically grants, and represents and warrants that they or theowner of such material has expressly granted and has the right togrant, Jobs-Search.com the fully paid royalty-free, perpetual,irrevocable, non-exclusive right and license to use, reproduce,modify, adapt, publish, translate, edit and distribute suchmaterial (in whole or in part) worldwide and/or to incorporate itin other works in any form, media or technology now known orhereafter developed for the full term of any copyright that mayexist in such material. End User also permits any other End User toaccess, view, store or reproduce the material for that End User'spersonal use. Please note that Jobs-Search.com does not want to receive confidential information from any End User and anyinformation received will be deemed NOT to be confidential.
(D) The foregoing provisions of Section 5 are for the benefit of Jobs-Search.com, affiliated companies, third party contentproviders, and licensors and each shall have the right to assertand enforce such provisions directly or on its ownbehalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) END USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT END USER'S SOLE RISK. NEITHER JOBS-SEARCH.COM OR ANY AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE" JOBS-SEARCH.COM PARTIES") WARRANT THAT THE SITE WILL BEUNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TOTHE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THEACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, ORMERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICHARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION ORMODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION ORUNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHERFOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANYOTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT JOBS-SEARCH.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE ORILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISKOF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
(D) IN NO EVENT WILL JOBS-SEARCH.COM, THE JOBS-SEARCH.COM PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SITE'S SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF ORINABILITY TO USE THE SITE. END USER HEREBY ACKNOWLEDGES THAT THEPROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THESITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, JOBS-SEARCH.COM, NOR THE JOBS-SEARCH.COM PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS ORUNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, ORFOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THEEND USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OROCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLEFOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUTNOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES ANDTHE AGGREGATE, TOTAL LIABILITY OF THE JOBS-SEARCH.COM PARTIESTO ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OFACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM ORRELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THESITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TOEXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY THE END USERIN CONNECTION WITH THE END USER'S USE OF THE SITE AND RETAINED BY JOBS-SEARCH.COM OR (B) ONE HUNDRED DOLLARS ($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Jobs-Search.com's liability is limited to the greatest extent permitted by law.
7. Monitoring.
Jobs-Search.com shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with this Agreement and any operating rules established by Jobs-Search.com and to satisfy any law, regulation orauthorized government request. Without limiting the foregoing, Jobs-Search.com shall have the right to remove any materialthat Jobs-Search.com, in its sole discretion, finds to beinviolation of the provisions hereof or otherwise objectionable.
8. Indemnification.
End User agrees to defend, indemnify and hold harmless Jobs-Search.com and affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of theuse of the Site by End User, except to the extent such claims andexpenses arise directly out of the gross negligence of Jobs-Search.com.
9. Termination.
Either Jobs-Search.com or End User may terminate this Agreement at any time. Without limiting the foregoing, Jobs-Search.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conductby End User which Jobs-Search.com, in its sole discretion,considers to be unacceptable, or in the event of any breach by EndUser of this Agreement. The provisions of Sections 5, 6, 7, 8,10,11, 12 and this Section 9 shall survive termination of thisAgreement.
10. Trademarks.
Trademarks appearing on the Site are the property of Jobs-Search.com, affiliates of Jobs-Search.com, or their respective owners.
11. Third Party Content.
Jobs-Search.com is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Jobs-Search.com has no more editorial control over such content than does a public library, bookstore, or news stand. Anyopinions, advice, statements, services, offers, or otherinformation or content expressed or made available by thirdparties, including information providers, End Users or any otheruser of the Site, are those of the respective author(s) ordistributor(s) and not of Jobs-Search.com. Neither Jobs-Search.com nor any third-party provider of informationguarantees the accuracy, completeness, or usefulness of anycontent, nor its merchantability or fitness for any particularpurpose. (Refer to Section 6 above for the complete provisionsgoverning limitation of liabilities and disclaimers of warranty.)In many instances, the content available through the Siterepresents the opinions and judgments of the respective informationprovider, End User, or other user not under contract with Jobs-Search.com. Jobs-Search.com neither endorses nor isresponsible for the accuracy or reliability of any opinion, adviceor statement made on the Site. Under no circumstances will Jobs-Search.com be liable for any loss or damage caused by anEnd User's reliance on information obtained through the Site. It isthe responsibility of End User to evaluate the accuracy,completeness or usefulness of any information, opinion, advice orother content available through the Site.
12. Miscellaneous.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Site, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Site and any operating rules forthe Site established by Jobs-Search.com) constitutes theentire agreement of the parties with respect to the subject matterhereof, and supersede all previous written or oral agreementsbetween the parties with respect to such subject matter. Theprovisions of this Agreement will be deemed severable, and theunenforceability of any one or more provisions will not affect theenforceability of any other provisions. In addition, if anyprovision of the Agreement, for any reason, is declared to beunenforceable, the parties will substitute an enforceable provisionthat, to the maximum extent possible under applicable law,preserves the original intentions and economic positions of theparties. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict oflaws rules. Any litigated dispute arising out of this Agreementwill be venued in a state or federal court situated in TX,Texas, and you hereby irrevocably submit to the personaljurisdiction of such courts for that purpose. No waiver by Jobs-Search.com of any breach or default hereunder shall bedeemed to be a waiver of any preceding or subsequent breach ordefault. The section headings used herein are for convenience onlyand shall not be given any legal import.
13. Privacy Policy
Jobs-Search.com knows that the privacy of your personal information is important to you. Therefore, Jobs-Search.com has established a Privacy Policy governing the use of this information, which is located at and isincorporated as part of this Agreement by reference.
14. DMCA Notice
Jobs-Search.com owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via the Site by third parties not within the control of Jobs-Search.com. It is ourpolicy not to permit materials known by us to be infringing toremain on the Site. You should notify us promptly if you believeany materials on the Service infringe a third party copyright. Uponour receipt of a proper notice of claimed infringement underthe Digital Millennium Copyright Act ("DMCA"), Jobs-Search.com will respond expeditiously to follow the procedures specified in theDMCA to resolve the claim between the notifying party and thealleged infringer who provided the content in issue, including,where applicable, removing, or disabling access to material claimedto be infringing or by removing or disabling access to links tosuch material. Pursuant to the DMCA 17 U.S.C. 512 (c),CJobs-Search.com has designated the President of Jobs-Search.com as its agent for notification of claims ofcopyright infringement with respect to information residing, at thedirection of a user, on the Site. The contact information is:
JOBS-SEARCH.COM
11251 Northwest Freeway, Suite 400 Houston, TX 77092, United States of America
Phone:972502733599
Email: Admin@jobs-search.com
15. Refund and Cancellation Policies
It is the policy of Jobs-Search.com not to refund or cancel orders. All sales are final.
Jobs-Search.com prides itself on providing the maximum value to our clients at the lowest possible price but we always stand behind our work. If we ever fail to properly deliver a job posting, banner ad, targeted email, cell phone text messaging, orother advertising campaign, at our sole discretion we will either(1) make good by re-delivering the deliverable at no additionalcharge or (2) providing a refund to you up to the amount you'vepaid for the campaign. IN NO EVENT WILL COLLEGERECRUITER.COMHOLDINGS, INC., COLLEGERECRUITER.COM, LLC, CR DIRECT, INC., OR ANYOF OUR OTHER AFFILIATED COMPANIES BE LIABLE FOR ANY LIABILITY ORDAMAGE IN CONNECTION WITH ANY CAMPAIGN, INCLUDING INDIRECT ORCONSEQUENTIAL DAMAGES, BEYOND TAKING THE ACTIONS DESCRIBED IN THEPREVIOUS SENTENCE. THIS LIMITATION ON OUR LIABILITY SHALL APPLYREGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES AND REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGESIS IN CONTRACT, TORT, OR OTHERWISE. You acknowledge that thepricing of our products and services depends upon this limitationof our liability (i.e., that our liability is limited to the amountwe receive for the campaign) and we would not have agreed to assistyou with your advertising campaign at such pricing without thislimitation on our liability.
16. Employer's Compliance with All Applicable Equal Employment Opportunity Laws
The Immigration and Nationality Act prohibits citizenship statusand national origin discrimination with respect to hiring,termination, and recruiting or referring for a fee. 8 U.S.C. §1324b(a)(1)(B).
Employers may not treat individuals differently because they are,or are not, U.S. citizens or work authorized individuals. U.S.citizens, asylumees, refugees, recent permanent residents andtemporary residents are protected from citizenship statusdiscrimination. Employers may not reject valid employmenteligibility documents or require more or different documents on thebasis of a person’s national origin or citizenship status.
Excerpt from the U.S. Department of Justice Website: http://www.justice.gov/crt/osc/htm/best_practices.php
Advertising an employment opportunity through Jobs-Search.com.comrequires compliance with all applicable equal employmentopportunity laws, including the anti-discrimination provision ofthe Immigration and Naturalization Act. By advertising your openingwith Jobs-Search.com, you acknowledge that the ad will be incompliance as stated above.
Please note that Jobs-Search.com is obligated to prohibit anyadvertisement that requires U.S. citizenship or lawful permanentresidence in the U.S. as a condition of employment, unlessotherwise required in order to comply with law, regulation,executive order, or government contract. We are also obligated toprohibit any job requirement or criterion in connection with a jobposting that discriminates on the basis of citizenship statusor national origin.
Jobs-Search.com prohibits the following language in jobemployment ads posted to our site that include the followinglanguage:
• "Only U.S. Citizens"
• "Citizenship requirement"*
• "Only U.S. Citizens or Green Card Holders"
• "H-1Bs Only"
• "Must have a U.S. Passport"
• "Must have a green card"
*UNLESS U.S. citizenship is required by law, regulation, executiveorder, or government contract, the above mentioned terms will beremoved from the ad.