Search Resume Subscription Agreement
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. BY INDICATING ON THE PURCHASE PAGE THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH LOCALJOBS ("LOCALJOBS") FOR THE FULL SUBSCRIPTION TERM.
LOCALJOBS owns and operates a website located at www.localjobs.com (the Site), pursuant to which it offers employers and recruiters weekly membership periods allowing access to LOCALJOBS members only online Search Resumes database (Search Resumes). This Agreement provides the terms and conditions of such Membership.
TERMS AND CONDITIONS
1. Access Authority and Conditions. Subject to compliance with each of the terms of this Agreement, LOCALJOBS agrees to permit You to access the LOCALJOBS Search Resume database (the "Resume Database") via the Site for the purpose of viewing and/or downloading a single copy of available resumes solely for Your use. Following are certain requirements regarding such access:
1.1 The Resume Database is to be accessed and used solely by You. Upon Your successful registration for Search Resume membership, You will be provided with a password that will permit You to access the Resume Database. You may not provide Your password or otherwise permit access to the Resume Database to any third party. You may download, one at a time, up to 300 resumes per day (9,000 per month) for Your use in accordance with the terms of this Agreement. You may not provide or distribute such resumes to any third party. You are responsible for protecting and keeping Your password confidential.
1.2 You may not use the Resume Database in any way which, in LOCALJOBS' reasonable judgment, adversely affects the performance or function of the Site or the Resume Database or interferes with the ability of other members.
1.3 LOCALJOBS may terminate, update, alter or supplement all or any part of the Search Resume offering at any time. By permitting access to the LOCALJOBS Resume Database via Search Resume membership, LOCALJOBS does not convey any interest in or to the Resume Database or any other LOCALJOBS property or services. All right, title and interest in and to the Resume Database is and shall remain in LOCALJOBS.
1.4 You agree that Your access to the Resume Database will be in compliance with any additional usage requirements provided by LOCALJOBS from time to time.
2. Subscription Period. This Agreement shall commence as of the date you check the "I agree", agreeing to be bound by the terms of this Agreement (the "Effective Date") and shall continue for the duration of the Subscription Period selected (as long as You are current if paying using a terms plan) by You ("Subscription Period"), unless terminated earlier by LOCALJOBS as provided herein. You may not cancel this Agreement for any reason during the Subscription Period.
3. Automatic Extension. In the event You select and prepay for a new Subscription Period at any point during a Subscription Period, this Agreement shall continue for the duration set forth in Section 2 herein following the expiration of the then-current Renewal Period.
4. Disclaimer of Warranties. THE SEARCH RESUME MEMBERSHIP AND USE OF THE LOCALJOBS RESUME DATABASE ARE PROVIDED "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SEARCH RESUME MEMBERSHIP OR THE LOCALJOBS RESUME DATABASE IS GIVEN OR ASSUMED BY LOCALJOBS OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. LOCALJOBS MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE RESUMES. LOCALJOBS DOES NOT WARRANT THAT YOUR USE OF THE LOCALJOBS RESUME DATABASE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.
5. Limitation of Liability. IN NO EVENT WILL LOCALJOBS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY TO ACCESS THE RESUME DATABASE) ARISING HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF LOCALJOBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL LOCALJOBS' TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU.
6. Indemnification. You will, at Your sole cost and expense, indemnify and hold LOCALJOBS, and its affiliates and its and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including attorneys' fees and expenses) arising out of or related to Your Search Resume membership or use of the Resume Database or any breach of the terms hereof in any manner. You shall permit LOCALJOBS to participate in any such action to the extent that, in LOCALJOBS' judgment, LOCALJOBS may be prejudiced thereby, and You shall not settle any such action without the prior written consent of LOCALJOBS.
7. Amendments. LOCALJOBS reserves the right to modify the terms and conditions of this Agreement or provide additional usage requirements in its sole discretion at any time by posting a revised version hereof or by otherwise making such revised terms available for review by You. Any such modifications will supersede all prior versions after the revised version has been posted or otherwise made available as described above. Your continued use of the benefits of Your Search Resume membership after posting or availability constitutes Your agreement to the revision.
8. Authority. You represent and warrant that the person accepting this Agreement has full right and authority to enter into this Agreement on Your behalf.
9. Controlling Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. The exclusive jurisdiction for any action relating to this Agreement shall be a federal or state court in either Asheville North Carolina or Charlotte North Carolina, and the parties consent to such jurisdiction.
10. Force Majeure. LOCALJOBS shall not be liable or responsible for any delay or failure in performance if such delay or failure is due to causes beyond its control.
11. No Assignment. You may not assign this Agreement or any of your rights hereunder. Any such attempted assignment shall be null and void.
12. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto.