THE TERMS, CONDITIONS AND NOTICES BELOW WILL GOVERN YOUR USE OF THE AUNTMINNIE.COM
CAREER RESOURCES JOB BOARD. THEY ALSO PROVIDE NOTICE OF SOME OF AUNTMINNIE.COM
POLICIES. PLEASE READ THEM CAREFULLY!
The
AuntMinnie.com™ Career Resources job board is offered to you, the user, only
conditioned on your acceptance without modification of the terms, conditions and
notices contained herein. "Career Resources job board" also refers to all
information, text and visual images, software, products and services used or
available via the Career Resources job board. Any and all rights not expressly
granted in these Terms, Conditions and Notices (collectively, these "Terms") are
reserved by AuntMinnie.com. AuntMinnie.com reserves the right to change these
Terms, at its sole discretion, at any time or from time to time. Your use of the
Career Resources job board means that you’ve read all of these Terms and agree
to them. For further information relating to the legal issues contained in these
Terms or problem reports regarding this service, please contact support@auntminnie.com.
General;
Trademarks, Copyrights, etc.
AuntMinnie.com,
Inc. ("AuntMinnie.com") is the owner of all intellectual property rights
(including copyrights) in the AuntMinnie.com Career Resources job board.
Material published by AuntMinnie.com on this Career Resources job board may
contain other proprietary notices or describe products, services, processes or
technologies owned by AuntMinnie.com or third parties. Nothing in these Terms or
in the Career Resources job board shall be construed as granting to you a
license under any copyright, trademark, patent or other intellectual property
right of AuntMinnie.com or any third party, except as expressly set forth
herein.
The
deletion or alteration of any copyright or other proprietary notices from the
Career Resources job board is strictly forbidden.
Please
be aware that the information, software, products and services published on this
Career Resources job board may include inaccuracies, typographical errors or
out-of-date information. Changes are made and items added to the Career
Resources job board and the information on it from time to time. AuntMinnie.com
may make such changes or additions at any time at its sole discretion.
Other
Parties.
This
Career Resources job board may contain hyperlinks or other connections to Web
sites operated by parties other than AuntMinnie.com, including but not limited
to those of the AuntMinnie.com Member companies and agencies or its advertisers
(individually or collectively, as the case may be, "Members"). AuntMinnie.com
does not control these Web sites and is not responsible for them, including for
their availability, content or any viruses accessed through them. AuntMinnie.com
inclusion of hyperlinks or other connections to such Web sites does not imply
any endorsement of the material on them or any association with their owners or
operators.
AuntMinnie.com
takes no responsibility whatsoever for the activities of job applicants or
AuntMinnie.com Members or those Members’ respective hiring, recruiting or other
practices (or any of the information posted or downloaded by them on the Career
Resources job board). Nothing on the Career Resources job board shall be deemed
to be an endorsement, representation or warranty with respect to any Member,
applicant or other third party, whether in regard to its Web site, products,
services or otherwise.
Your
Use; Limited License.
Except
as otherwise expressly provided, you may not modify, copy, distribute, transmit,
display, perform, reproduce, use, publish, license, create derivative works
from, transfer or sell any information or content contained in the Career
Resources job board, the AuntMinnie.com Website as a whole software, products or
services obtained from or available as part of or in conjunction with this
Career Resources job board. You are granted a non-exclusive, non-assignable and
non-transferable license to use the Career Resources job board only under these
terms and conditions of use.
This
license is not a sale of any of the owner's rights. The AuntMinnie.com Career
Resources job board may be used only by you, and you may not rent, lease, lend,
sub-license or transfer the Career Resources job board or any data residing on
it or any of your rights under this agreement to anyone else. You may not
develop or derive for commercial sale any data in machine-readable or other form
that incorporates or uses any substantial part of the Career Resources job
board. You may not transfer to or store any data residing or exchanged over the
AuntMinnie.com Career Resources job board in any electronic network for use by
more than one user unless you obtain prior written permission from
AuntMinnie.com.
Your
Responsibilities.
The
AuntMinnie.com Site may be used only for lawful purposes by individuals seeking
employment and employers seeking employees. As one of the conditions of your use
of the AuntMinnie.com Career Resources job board, you represent, warrant and
agree that you will not use (or plan, encourage or help others to use) the
Career Resources job board for any purpose or in any manner that is prohibited
by these terms, conditions and notices or by applicable law (including but not
limited to any applicable export controls). It is YOUR RESPONSIBILITY to ensure
that your use of the Career Resources job board complies with these terms,
conditions and notices and to seek prior written permission from AuntMinnie.com
for any uses not permitted or not expressly specified herein
.
In
connection with your use of our Career Resources job board, you will not:
1.
Transmit any message, information, data, text, software or images, or other
materials ("Content") that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially,
ethnically or otherwise objectionable that may invade another's right of privacy
or publicity;
2.
Impersonate any person or entity, including but not limited to, an
AuntMinnie.com employee, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
3.
Post or transmit any Content that you do not have a right to reproduce, display
or transmit under any law or under contractual or fiduciary relationships (such
as nondisclosure agreements);
4.
Post or transmit any Content that contains a virus or corrupted
data;
5.
Delete any author attributions, legal notices or proprietary designations or
labels that you upload to any communication feature;
6.
Use the Site’s communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use of
all caps, or flooding continuous posting of repetitive
text);
7.
Post or transmit any unsolicited advertising, promotional materials, "junk
mail", "spam", "chain letters," "pyramid schemes" or any other form of
solicitation or any non-resume information such as opinions or notices,
commercial or otherwise;
8.
Violate any applicable local, state, national or international law;
and
9.
Upload or transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any party.
10. Post any incomplete, false
or inaccurate resume information or information which is not your own accurate
resume (living individual seeking employment on a full-time or part-time basis
on his or her own behalf).
11.
Respond to any employment opportunity on the Career Resources job board for any
reason other than to apply for the job. Communications soliciting the employer's
business by our competitors are prohibited.
12.
Post to the Career Resources job board any franchise, pyramid scheme, "club
membership", distributorship or sales representative agency arrangement or other
business opportunity which requires an up front or periodic payment, pays
commissions only (no significant salary), requires recruitment of other members,
sub-distributors or sub-agents.
13.
Delete or revise any material posted by any other person or entity.
14.
Print out or otherwise copy or use any personally identifiable information about
employees or business information about employers. Unsolicited e-mail, telephone
calls, mailings or other contacts to posting individuals and companies are
prohibited.
Specific
Prohibited Uses.
The
Web Site may be used only for lawful purposes by individuals seeking employment
and career information and employers seeking employees. AuntMinnie.com
specifically prohibits any use of the Web Site, and all users agree not to use
the Web Site, for any of the following: Posting any incomplete, false or
inaccurate biographical information or information which is not your own
accurate resume (living individual seeking employment on a full-time or
part-time basis on his or her own behalf). Posting any franchise, pyramid
scheme, "club membership", distributorship or sales representative agency
arrangement or other business opportunity which requires an up front or periodic
payment, pays commissions only (no significant salary), requires recruitment of
other members, sub-distributors or sub-agents. Deleting or revising any material
posted by any other person or entity. Using any device, software or routine to
interfere or attempt to interfere with the proper working of this Web Site or
any activity being conducted on this site. Taking any action which imposes an
unreasonable or disproportionately large load on this Web Site's infrastructure.
If you have a password allowing access to a non-public area of this Web Site,
disclosing to or sharing your password with any third parties or using your
password for any unauthorized purpose. Notwithstanding anything to the contrary
contained herein, using or attempting to use any engine, software, tool, agent
or other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search this Web Site other
than the search engine and search agents available from the Company on this Web
Site and other than generally available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer). Attempting to decipher, decompile, disassemble
or reverse engineer any of the software comprising or in any way making up a
part of the Web Site.
Web
Site Security Rules.
Users
are prohibited from violating or attempting to violate the security of
AuntMinnie.com, including, without limitation, (i) accessing data not intended
for such user or logging into a server or account which such user is not
authorized to access, (ii) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization,(iii) attempting to interfere with service to any user,
host or network, including, without limitation, via means of overloading,
"flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail,
including promotions or advertising of products or services, or (v) forging any
TCP/IP packet header or any part of the header information in any e-mail or
newsgroup posting.
Violations
of system or network security may result in civil or criminal liability.
AuntMinnie.com will investigate occurrences which may involve such violations
and may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
Your
Grants
.
By
submitting (e.g., uploading) content to the Career Resources job board, you
automatically grant AuntMinnie.com the royalty-free, perpetual, irrevocable,
non-exclusive, transferable right and license to use, reproduce, modify, adapt,
publish, distribute, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide or to incorporate
it in other works in any form, media, or technology now known or later
developed, without restriction or compensation. In addition, you warrant that
all so-called "moral rights" in the content have been waived. AuntMinnie.com and
its designees shall have the right, but not the obligation, in their sole
discretion to edit, refuse to post, or remove any content posted on the Career
Resources job board. Without limiting the foregoing, AuntMinnie.com and its
designees shall have the right to remove any content that violates these Terms
or are otherwise objectionable. You agree to indemnify and hold AuntMinnie.com
harmless from any third party claim, damages or demand, including reasonable
attorneys' fees, relating to or arising out of your violation of these Terms,
your representations and warranties, or your violation of any rights of
another.
Monitoring,
etc.
AuntMinnie.com
is under no obligation to monitor the information residing on or transmitted via
this Career Resources job board. However, you agree that AuntMinnie.com may
monitor the Career Resources job board contents to (1) comply with any
applicable laws, regulations or other government requests; (2) to operate the
Career Resources job board properly or to protect itself and its users and
Members; and (3) for such other purposes as it may deem reasonably necessary or
appropriate from time to time. AuntMinnie.com reserves the right to modify,
reject or eliminate any information residing on or transmitted to its Career
Resources job board that it, in its sole discretion, believes is unacceptable or
in violation of these terms and conditions.
Information
Collection
.
The
very nature of the service AuntMinnie.com provides you requires that we gather,
process, use and distribute information which you provide directly (e.g.,
name, physical address, e-mail address, resume), as well as information
regarding the manner in which you use the Career Resources job board.
AuntMinnie.com cannot guarantee that your information will be prevented from
being viewed by any particular party.
If
you have directly submitted information and would like us to remove it from our
database, please contact us at the e-mail address or phone number listed above
and we will use reasonable efforts to delete your information from our then
existing files.
Disclaimers
& Limitations.
YOU
ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS CAREER RESOURCES JOB
BOARD AND THE INTERNET GENERALLY. THIS CAREER RESOURCES JOB BOARD AND THE
INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION
GIVEN BY AUNTMINNIE.COM, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL
MODIFY THE FOREGOING OR CREATE ANY WARRANTY. AUNTMINNIE.COM EXPRESSLY DISCLAIMS
ANY WARRANTY THAT THE INFORMATION ON THIS CAREER RESOURCES JOB BOARD OR ON THE
INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE CAREER RESOURCES JOB
BOARD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY
NO RECOURSE AGAINST US AS THE CAREER RESOURCES JOB BOARD PROVIDER FOR ANY
ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN
ANYTHING YOU POST ON OUR CAREER RESOURCES JOB BOARD. WE MAKE NO WARRANTIES
WHATSOEVER THAT YOU WILL OBTAIN ANY JOB VIA THE CAREER RESOURCES JOB BOARD, NOR
ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY
OBTAIN.
AUNTMINNIE.COM
DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE OR
PROCESS USED OR DISCLOSED ON THE CAREER RESOURCES JOB BOARD OR ANY OTHER
MATERIAL ACCESSIBLE FROM THE CAREER RESOURCES JOB BOARD. IN NO EVENT SHALL
AUNTMINNIE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS CAREER RESOURCES JOB BOARD OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY
LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED
THROUGH THIS CAREER RESOURCES JOB BOARD, OR OTHERWISE ARISING OUT OF THE USE OF
THIS CAREER RESOURCES JOB BOARD, THE INTERNET GENERALLY OR ON ANY OTHER BASIS
(WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF
AUNTMINNIE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET
FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN
AUNTMINNIE.COM’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO
U.S. $500.00.
Miscellaneous
.
No
Partnership, etc
.
You agree that no joint venture, partnership, employment or agency relationship
exists between you and AuntMinnie.com (or any of AuntMinnie.com Members) as a
result of this agreement or your use of this Career Resources job board.
Certain
Legal Requirements
.
AuntMinnie.com's performance of these terms and conditions is subject to
existing laws and legal process, and nothing contained in them will diminish
AuntMinnie.com's right to comply with law enforcement requests or requirements
relating to your use of the Career Resources job board or information provided
to or gathered by AuntMinnie.com with respect to such use.
Certain
Rights & Obligations; Modification
.
AuntMinnie.com shall have the right to terminate your ability to access this
service at any time without notice and to discontinue or modify any of the
information contained on this service, or the service, at any time.
AuntMinnie.com shall have the right to modify these terms and conditions at any
time. The user may not assign any part of this agreement without
AuntMinnie.com’s prior written consent. The user shall pay any taxes, except for
those based on AuntMinnie.com's annual net income. No waiver of any obligation
or right of either party shall be effective unless in writing, executed by the
party against whom it is being enforced.
Enforcement,
Interpretation, etc
.
This Agreement shall be governed in all respects by the laws of the State of
California as such laws are applied to agreements entered into and to be
performed entirely within California between California residents. Any suit
hereunder shall be brought exclusively in the federal or state courts of San
Diego or San Diego County, California, United States of America and both parties
consent to the jurisdiction thereof. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our Site may be
interfered with by numerous factors outside our control. If performance under
this Agreement (other than payment) is prevented, restricted or interfered with
by any act or condition beyond the reasonable control of a party, the party so
affected, upon giving prompt notice to the other party, shall be excused from
such performance to the extent of such prevention, restriction or interference.
If any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof.
Agreement
.
These terms represent the entire binding agreement between us, and our
respective successors and assigns, and supersede any and all prior
understanding, statements or representations, whether electronic, oral or
written, regarding AuntMinnie.com, its Career Resources job board or the
information thereon. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and
maintained in printed form.