terms and conditions of use:   

   corporate offices   

Just-Posted Inc.
14 Stream View Circle
Fairport, New York 14450

Introduction

Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of the Just-Posted.com Web property. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Web site. If you are a career resource services provider or employer using this Web site, you may have entered into a Service Agreement with Just-Posted Inc., in which case these Terms and Conditions are part of that Service Agreement.

Binding Agreement

These Terms and Conditions (as they may be amended from time to time by Just-Posted Inc.) form a binding agreement between you and Just-Posted Inc.. Your access to or use of the Web site indicates your acceptance of these Terms and Conditions. You are agreeing to use this Web site at your own risk.

Certain Definitions

The following definitions apply to these Terms and Conditions:

  • "Web site" includes www.Just-Posted.com in its entirety and its related sites owned or operated by Just-Posted Inc., and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.

  • "Content" includes all Text, Graphics, Design and Programming used on the Web site.

  • "Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.

  • "Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.

  • "Design" includes the color combinations and the page layout of the Web site.

  • "Programming" includes both client-side code and server-side code used on the Web site.

  • "Document" refers to any posting to the Web site, whether job or resume.

  • "Services" means any services provided on the Web site by just-posted or its agents.

  • "User" refers to any individual or entity who uses any aspect of the Web Site.

  • "Job Seeker" means a User who is accessing the Web site to search for a job or in any other capacity except as an Employer.

  • "Employer" means a person or entity that is accessing the Web site to post a job or for any reason related to the purpose of seeking candidates for employment.

  • "You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

Acceptable Use of the Web Site

General Use Rules. The Web site is intended for individuals seeking employment and for employers or recruiters and career resource services providers. You may use this Web site only for lawful purposes within the stated context of Just-Posted Inc.'s intended and acceptable use of the Web site. Just-Posted Inc. is the sole interpreter of this Web site’s intended and acceptable use.

License to Use by Users Who Are Job Seekers. Just-Posted Inc. hereby grants you a limited, terminable, non-exclusive right to access and use the Web site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Web site solely for your personal, noncommercial use. Your use of the Web site is a privilege. Just-Posted Inc. reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

License to Use by Users Who Are Employers. Just-Posted Inc. hereby grants you a limited, terminable, non-exclusive right to access and use the Web site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Web site solely for your personal use directly related to using the Web site for the purpose of advertising and recruiting job prospects. Just-Posted Inc. reserves the right to suspend or terminate your access and use at any time if Just-Posted Inc. determines that you are in breach of any of these Terms and Conditions.

License to Use by Users Who Are Career Resource Services Providers. Just-Posted Inc. hereby grants you a limited, terminable, non-exclusive right to access and use the Web site only for your internal business use for promoting your products and services. This authorizes you to view and download a single copy of the material on the Web site solely for your personal use directly related to using the Web site for the purpose of promoting your products and services. Just-Posted Inc. reserves the right to suspend or terminate your access and use at any time if Just-Posted Inc. determines that you are in breach of any of these Terms and Conditions.

Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Web site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Web site complies with these Terms and Conditions.

Intellectual Property Rights. The Web site and all right, title and interest in and to the Web site is the sole property of Just-Posted Inc. or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Just-Posted Inc. reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Web site. "Just-Posted.com" the Just-Posted design logo and certain other names or logos are service marks or trademarks of Just-Posted Inc., and all related product and service names, design marks and slogans are the service marks or trademarks of Just-Posted Inc. In addition, the "look" and "feel" of the Web site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Just-Posted Inc.'s trademarks, service marks and copyrights. All other product and service marks contained on the Web site are the trademarks of their respective owners.

Disclaimers and Limitations On Tokarz Weltzer & Associate's Liability

Allocation of Responsibility. Just-Posted Inc. assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users.

No endorsements by Just-Posted Inc. Nothing on the Web site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

No Guaranty of Results. Just-Posted Inc. is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Web site in meeting the employment objectives of Users. Just-Posted Inc. does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.

WARRANTY DISCLAIMERS

(a) THE WEB SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. JUST-POSTED INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. JUST-POSTED INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) Without limitation on the foregoing:

(i) JUST-POSTED INC. DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JUST-POSTED INC. IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) Just-Posted Inc. makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.

(iii) Just-Posted Inc. makes no representations or guarantees regarding the Content of the Web site, including, but not limited to, broken links, inaccuracies or typographical errors.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.

(b) IN NO EVENT SHALL TOKARZ WELZTER & ASSOCIATES INC. (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JUST-POSTED INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN JUST-POSTED INC.'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE.

(d) IN NO EVENT SHALL JUST-POSTED INC. (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$50.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH JUST-POSTED INC., THE AMOUNTS ACTUALLY PAID BY YOU TO JUST-POSTED INC. UNDER THIS AGREEMENT IF GREATER THAN US$50.00).

(e) Due to the nature of these Terms and Conditions, in addition to money damages, Just-Posted Inc. will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

Links to Other Sites

Just-Posted.com contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Just-Posted Inc. of the contents on such third-party Web sites. Just-Posted Inc. is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Amendments to this Agreement and Changes to Site

Just-Posted Inc. may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Web site (or as otherwise stated in the any notice of such changes). Any use of the Web site will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Web site any longer. Any new or different terms supplied by you are specifically rejected by Just-Posted Inc. unless Just-Posted Inc. agrees to them in a signed writing specifically including those new or different terms. Just-Posted Inc. may change the Web site at any time.

Indemnity

You agree to defend, indemnify, and hold harmless Just-Posted Inc. (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Web site, any Document posted by you, or your breach of these Terms and Conditions. Just-Posted Inc. shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Web site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Just-Posted Inc. in a particular "Legal Notice," or software license or material on particular Web pages of the Web site, these Terms and Conditions constitute the entire agreement between you and Just-Posted Inc..

Security

Just-Posted Inc. is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Web site suspended or terminated, at Just-Posted Inc.'s discretion. Just-Posted Inc. reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions.

(a) Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the 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 submitting a virus to the Web site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (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.

(b) Violation of this Security Rule may result in civil or criminal liability. Just-Posted Inc. 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.

Update Effective February 28, 2006

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