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Terms of Service
JobSlinger and JobSlinger Plus Terms of Service Agreement
Last updated: 5/17/10
1. Acceptance of Agreement
1.1. DemoZilla LLC ("JobSlinger", "Company", "We", "Us") provides the web sites JobSlinger.com and JobSlingerPlus.com and all site-related content, tools and services ("Site") to users and entities accessing Site for any reason ("You", "User"), subject to compliance with the terms and conditions set forth below. Please read this Terms of Service Agreement ("Agreement") carefully before using this Site. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use the Site.
1.2. This Agreement constitutes the entire and only agreement between you and JobSlinger, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site.
1.3. JobSlinger reserves the right to change the terms of this agreement from time to time without specific notice. The latest Agreement will be posted on the Site.
1.4. JobSlinger reserves the right to change its fees or to institute new fees at any time.
2. Subscriptions; Fees; Payments; Trial Period; Discounts
2.1 The terms in Section 2 of this agreement shall apply solely to JobSlinger Plus users and accounts.
2.2. By using the Site, you agree to the rates described in our Schedule of Fees. These fees are always presented when you renew your subscription.
2.3. Payment is due upon signing up for a period of use of the Site ("Subscription Term"). Thereafter, your subscription will be renewed automatically for the same Subscription Term until such time as you cancel your subscription. You can cancel your subscription renewal at any time on the My Subscription page. Such cancellation will cause your subscription to no longer automatically renew, but will leave your account active until the conclusion of the prepaid Subscription Term, unless you opt to terminate your account immediately and receive a refund for the unused portion of your subscription. Your subscription may be cancelled by us at the end of your Subscription Term if you have not provided a valid form of payment.
2.4. You will receive an email reminder 5 days prior to end of your current Subscription Term. This reminder includes the expiration date of your account, and a warning if the credit card on file will have expired by that date. This email will be sent to your account's primary email address, as indicated on the Email Manager page. You are responsible for designating an address where you can receive email from support@jobslingerplus.com and for keeping this email address current. You agree that such email reminders are the only reminder of the end of your Subscription Term that we need to provide to you.
2.5. Your Subscription Term begins as soon as you have completed the registration process.
No withdrawal right or other "cooling off" period applies to the service, and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even given that your subscription term starts immediately.
2.5. You may be asked by JobSlinger to supply certain information in order to establish an account that we can use to charge you for services ("Billing Account"), including but not limited to credit card or other information. If you submit such information to us, you understand that any such information will be treated by JobSlinger in the manner described in our Privacy Policy. You agree that all information that you provide to JobSlinger and/or to merchants or service providers acting on JobSlinger's behalf will be accurate, complete and current, including your billing address and the expiration date of your credit card. You further warrant you are authorized to use any payment method that you submit to us. You can change your payment method for a new Subscription Term at any time on the My Subscription page.
2.6. You may be asked by JobSlinger to supply certain information in order to establish an account that we can use to charge you for services ("Billing Account"), including but not limited to credit card or other information. If you submit such information to us, you understand that any such information will be treated by JobSlinger in the manner described in our Privacy Policy. You agree that all information that you provide to JobSlinger and/or to merchants or service providers acting on JobSlinger's behalf will be accurate, complete and current, including your billing address and the expiration date of your credit card. You further warrant you are authorized to use any payment method that you submit to us. You can change your payment method for a new Subscription Term at any time on the My Subscription page.
2.7. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement that you enter into with the merchant and/or service provider in connection with the purchase of service.
2.8. You may have received access to the Site for a limited period of time free of charge ("Trial Period"). Unless we notify you otherwise, in order to keep your account active, you must submit payment for a Subscription Term as described above before the end of the Trial Period.
2.9. You are responsible for any third-party charges that you incur incidental to using the Site (for example, charges for Internet access, cellular phone service or text messaging, or other data transmission).
2.10. Charges on your Billing Account will be summarized for you via email receipt sent to the primary email address provided by you. You agree that such email receipts are the only statement of your Billing Account that we need to provide to you. It is your responsibility to print or save a copy of each email receipt and retain copies for your records.
3. Payments to You
3.1. Your right to any payment due you (for example, as part of a promotional offer) is conditioned upon your promptly providing us with all information we require to properly make the payment (for example, payee name and address). We will use reasonable efforts to tell you what information we require in the event of any payment due. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment ,and you agree to cooperate with us in our efforts to do this.
4. Limited License; Permitted Uses, Restrictions and Prohibitions on Use
4.1. JobSlinger grants you a non-exclusive, non-transferable, revocable license to access, view and print a single copy of the information available on or from Site for your sole personal use, in accordance with the terms of this Agreement.
4.2. The contents of JobSlinger.com, JobSlingerPlus.com and of all other web sites under JobSlinger's control, whether complete or partial, such as text, graphics, images, logos, icons, software and other content (collectively, "JobSlinger Content") are protected under both United States and foreign copyright, trademark and other laws. All JobSlinger content is the property of JobSlinger and its content suppliers.
4.3. Features, services and content of JobSlinger may be used only for lawful purposes by individuals seeking employment.
4.4. You may not copy, print (except as provided in section 2 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means any portion of this Site.
4.5. You may not share passwords, login information or named user identification or otherwise allow multiple Users to access the JobSlinger service on a basis that is other than what was originally subscribed for. A named user is defined as one unique individual user with one unique password. If you believe your account to no longer be secure, you must change your password and notify JobSlinger at support@jobslinger.com.
4.6. You may not respond to a job listing on behalf of anyone other than yourself.
4.7. You may not use any robot, spider, site search/retrieval application, or other manual or automatic device or process (other than those made available by JobSlinger on the Site or other generally available third party web browsers, e.g., Microsoft Internet Explorer) to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
4.8. You may not "frame" or "mirror" any part of this Site.
4.9. You may not link to any page of or material on the Site other than the URLs located at http://www.jobslinger.com and http://www.jobslingerplus.com.
4.10. You may not use this Site or materials obtained from the Site to develop, or as a component of, any information storage and retrieval system, database, website, information base or similar resource in any media now existing or hereafter developed, that is offered for commercial distribution of any kind.
4.11. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
4.12. You may not use this Site or materials obtained from this Site in a manner that is likely to cause confusion among consumers, or that that disparages or discredits JobSlinger, its affiliates or subsidiaries.
4.13. You are prohibited from verbal, physical, written or other abuse (including threats of abuse or retribution) of any JobSlinger customer, employee, member, partner or officer.
4.14. You are prohibited from violating or attempting to violate this Site's security, including without limitation the following activities: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any communications.
4.15. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
4.16. Failure to comply with these restrictions and prohibitions may result in immediate termination of services.
5. Ownership; Proprietary Information
5.1. This Site, including all pages within and all code related thereto, is the property of DemoZilla LLC. No portion of the materials or code anywhere on this Site may be reproduced (except as is necessary to view pages) in any form without the express written permission of JobSlinger.
5.2. The following service marks are owned by Company: JobSlinger, JobSlinger Plus, the JobSlinger and JobSlinger Plus logos, SASS-Master, SASS-Watch, SASS-Sync, MyTargets, SlingMe, ReachOut, JobDinger, MegaLog, Recruiterator, IC Pro. All other trademarks and/or service marks used in this Site are the trademarks and/or service marks of their respective owners.
5.3. Nothing herein grants Customer any right to publish or use any trademark, service mark, logo or name of JobSlinger in any advertisement, sales promotion or press release without JobSlinger's prior written consent.
6. Warranty Information; Disclaimer
6.1. This Site, including any content or information contained within it or any Site-related service, or any product or service licensed, purchased or otherwise made available through the Site, is provided "as is" with no representations or warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, JobSlinger and its subsidiaries, affiliates, suppliers, sponsors, and agents disclaim all warranties, express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Neither JobSlinger, its subsidiaries, affiliates, sponsors, suppliers nor agents makes any representation as to the results to be obtained from use of the Site or the Site-related services.
6.2. JobSlinger and its subsidiaries, affiliates, suppliers, and agents do not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Site (or the server(s) on which it is hosted) or software are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume total responsibility and risk for your use of the Site and the software and your reliance thereon. No opinion, advice, or statement of JobSlinger or its subsidiaries, affiliates, suppliers, agents, registered users, or visitors, whether made on the Site, or otherwise, shall create any warranty. Your use of the Site and any materials provided through the Site are entirely at your own risk.
6.3. You acknowledge that the Site could include inaccuracies or errors. Additionally, you acknowledge that authorized and unauthorized additions, deletions and alterations could be made by third parties to the Site. Although the Company attempts to ensure the integrity and the accuracy of the Site, it makes no guarantees whatsoever as to the Site's completeness or correctness.
6.4. JobSlinger is a website allowing for the posting by employers, recruiters and staffing agencies (collectively, "Employers") of available job opportunities at their companies or companies they represent. JobSlinger does not evaluate or censor job listings posted to the Site. JobSlinger has no control over the quality, safety or legality of the job listings posted to the Site, the truth or accuracy of such job listings, or the ability of employers to hire candidates. JobSlinger is not involved in transactions between potential employers and candidates, including employment offers and acceptances, expense reimbursements or payment for services rendered.
7. Limitation of Liability
7.1. Neither JobSlinger nor its subsidiaries, affiliates, suppliers, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the Site. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site. The sole and exclusive maximum liability to JobSlinger for all damages, losses, and causes of action (whether in contract, tort, including, without limitation, negligence or otherwise) shall be the total amount paid by you, if any, to access the Site.
8. Succession
8.1. In the event of any sale or transfer of its interests under this Agreement, JobSlinger agrees that the terms herein shall be honored by any successor in interest ("Successor").
8.2. In the event JobSlinger discontinues its operation and no Successor is in place, JobSlinger will refund the prorated balance of subscription fees for the subscription term.
9. Severability
9.1. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall not be affected thereby.
10. Governing Law
10.1. This Agreement shall be governed by and determined in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. User hereby submits to the exclusive jurisdiction of the courts located in the Commonwealth of Massachusetts, both federal and state, and agrees that any legal proceeding arising out of this Agreement shall be conducted solely in such courts.
