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terms and conditions of use:
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Just-Posted Inc.
14 Stream View Circle
Fairport, New York 14450
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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:
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"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.
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"Content" includes all Text, Graphics, Design and Programming
used on the Web site.
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"Text" includes all text on every page of the Site, whether
editorial, navigational, or instructional.
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"Graphics" includes all logos, buttons, and other graphical
elements on the Site, with the exception of paid advertising banners.
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"Design" includes the color combinations and the page layout of
the Web site.
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"Programming" includes both client-side code and server-side
code used on the Web site.
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"Document" refers to any posting to the Web site, whether job or
resume.
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"Services" means any services provided on the Web site by
just-posted or its agents.
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"User" refers to any individual or entity who uses any aspect of
the Web Site.
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"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.
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"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.
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"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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