July 3, 2003 --
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 firstname.lastname@example.org.
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products and services published on this Career Resources job board may include inaccuracies, typographical errors or out-of-date information.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.
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.
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.
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.
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.