© Copyright 2014 The Employment Guide LLC
4460 Corporation Lane Suite 317, Virginia Beach ,VA - 23462
All Rights Reserved.
This Web site is provided "as is" without a warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
This Web site may include inaccuracies or typographical errors. Changes and additions are routinely made to the information herein. The Employment Guide LLC (EG) may make additions and/or changes to this Web site and/or the services described herein at any time.
Copyright in this Web site is owned by The Employment Guide LLC and this Web site may only be used for informational purposes. The content displayed on this Web site, including but not limited to the Web site's look and feel, layout, text, graphics, images, sound or video materials, designs, the URL and software (collectively "Content"), is either the property of, or used with permission by The Employment Guide LLC and is protected by United States and international copyright and trademark laws. All rights, including but not limited to, copyright, title and interest in the Content belong to The Employment Guide LLC and/or its respective owners. The compilation (meaning the collection, arrangement and assembly) of all Content on this Web site is also the exclusive property of The Employment Guide LLC and/or its respective owners and protected by U.S. and international copyright laws.
The trademarks, service marks, trade names, domain names and logos ("Trademarks") displayed on this Web site are either pending, registered or unregistered Trademarks of The Employment Guide LLC or their respective owners. You may NOT use any of the Trademarks without express written authorization of The Employment Guide LLC or the respective owners.
If you have any questions with respect to these copyright and trademark notices or for further information on Intellectual Property matters, please contact us at: The Employment Guide LLC, 4460 Corporation Lane, Suite 317, Virginia Beach, VA 23462 or call us at 1-877-876-4039.
Terms and Conditions
Thank you for visiting this website and/or one or more of our affiliated websites (collectively, this "Website"). The terms and conditions that apply to your access to and/or your use of this Website (and the information, products and services available through this Website), and our use of any communications or User Content (defined below) that you submit to us or post on this Website, are set forth below. By using this Website or submitting communications or User Content to us, you accept and agree to all of the terms and conditions set forth herein (the "Terms and Conditions"), which form a legally binding agreement between you and The Employment Guide LLC and/or our applicable business divisions and/or affiliates (collectively, "EG", "us", "our" or "we"). In addition, if you are an employer advertising with EmploymentGuide.com or a job seeker registering to explore employment opportunities on EmploymentGuide.com, you must also accept and agree to comply with all of the terms and conditions of our EmploymentGuide.com® User Agreement.
General; Changes to Terms and Conditions
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of The Employment Guide LLC or its businesses, or its or their customers, affiliates, licensors or licensees.
Ownership; License; Limitations
This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by EG or our owners, affiliates, licensors or licensees, and are protected under worldwide patent, copyright, trademark and other applicable laws and treaties, including, without limitation, applicable trade secret laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non‑commercial use and as necessary in connection with the use of any services available through this Website.
Except as expressly authorized in these Terms and Conditions, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. Furthermore, (i) reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics included within this Website is strictly prohibited without our prior express written permission; (ii) you may not frame, squeeze back, overlay or employ other techniques to enclose or display this Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on this Website, with any other software or content of a third party; (iii) you may not use any meta tags or any other "hidden text" utilizing the names or trademarks of EG or our owners, affiliates, licensors or licensees without our or their express written consent; and (iv) you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein.
In addition to and not in limitation of any of the foregoing limitations and restrictions, you are expressly prohibited from using automated means (including but not limited to spiders, robots, crawlers, scrapers, deep-links, data-mining, data-gathering or extraction tools and the like), or any other automated methodology, algorithm or device or any manual process, to for any purpose monitor, copy, download or otherwise access data or content from this Website. A limited exception to the foregoing limitations and restrictions is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our applicable policies and procedures in effect from time to time. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as automobiles, vehicles, jobs, housing/apartments, rentals, services or equipment or which is in the business of providing classified ad listing services.
This Website includes certain trademarks and service marks owned by EG and/or our owners, affiliates or others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of Website content.
All rights not expressly granted to you by us in these Terms and Conditions are reserved to EG, and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from this Website as authorized hereunder.
Use at Your Own Risk
We provide the material available through this Website for informational purposes only. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any such content, information, consumer reviews, data and materials you have found on, or purchase any products or services available through, this Website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. Without limiting the foregoing, with respect to any classified advertising services included on or otherwise available through this Website, please note that we do not sell the advertised items directly and are not involved in any actual transaction between any seller and buyer; further, we do not guarantee or insure any item advertised or the completion of any transaction or collect or process payment, act as an escrow service or transfer title, nor do we warehouse, store, ship or deliver any item that is advertised.
To protect the account information of our Website members, where applicable, EG assigns to each member either a unique user name or password or a unique ad ID number. These unique identifiers are disclosed to the user via email immediately upon becoming a member of this Website. Only members have the ability to modify their personal information and delete their ads as needed.
In order to purchase products or services from this Website or to use this Website to sell a product or service, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.
Data Collection and Use
You may have the opportunity to post or otherwise submit content and information, including but not limited to consumer reviews, opinions, concepts, inventions, techniques, know-how, data, materials or other postings or communications (collectively, "User Content"), to us via this Website, whether by posting to a public area of this Website (e.g., blogs or message boards) or by other submission to us through email or other means of electronic communication facilitated by EG. By submitting any such User Content to us or posting any such User Content in any public area of this Website, you: (i) grant EG and our owners, affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, prepare derivative works from, publicly display, publicly perform and distribute such User Content (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter developed, on a worldwide basis; (ii) grant EG and our owners, affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent any or all of them so choose; and (iii) represent and warrant that you own or otherwise control all of the rights to the User Content that you submit or post, the User Content is accurate and the use of the User Content you supply or post does not violate these Terms and Conditions and will not cause injury or damage to any person or entity. You also permit any other user of this Website to access, view, store or reproduce your User Content for that user's personal use, which such use may include disclosure to third parties. By posting or submitting such User Content, you hereby waive any claim that EG misappropriated any such User Content or any portions thereof.
Use of Communications Services
We may provide a variety of services on this Website through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums and other public posting areas ("Communications Services"). (For purposes of these Terms and Conditions, all references to this Website generally include all Communication Services available through this Website.) We cannot and do not review every posting made in these Communications Services. You may well read any given posting before anyone on our staff does. You can expect these Communications Services to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and User Content, but we want everyone to be able to enjoy these Communications Services.
We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this Website and any Communication Services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms and Conditions or to protect the rights, property or safety of visitors to this Website and/or users of any Communications Services, our customers, the public or EG and our owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of this Website, including blogs, message boards, chat rooms, listings, forums and other User Content posted to this Website or via any Communications Services to determine compliance with these Terms and Conditions and any other rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post and/or edit any messages, listings, postings or other User Content that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using this Website and/or any Communications Services, you agree not to post, submit or transmit to EG through this Website or via any Communications Services any User Content or other information that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any User Content to this Website or via any Communications Services or otherwise to EG shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting to this Website or via any Communications Services, or otherwise submitting User Content to EG, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit such User Content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any User Content submitted by you to or through this Website or via any Communications Services. We reserve the right to deny access to this Website and/or any Communications Service to anyone who violates these Terms and Conditions or who, in our judgment, interferes with the ability of others to enjoy this Website or Communication Services, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Notification of Claims of Infringement
The EmploymenGuide LLC respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EG's Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries, including notification of claims of infringement, please contact us at: The Employment Guide LLC, 4460 Corporation Lane, Suite 317, Virginia Beach, VA 23462 or call us at 1-877-876-4039.
Violation of These Terms and Conditions
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of EG and/or our owners, affiliates, employees, users of or visitors to this Website or the public.
Disclaimer of Warranties
YOU AGREE THAT THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY US ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. You understand that there may be delays, omissions, interruptions, inaccuracies and/or other problems with the information, products and services available through, published on or promoted over this Website, including information, products and services referred to, advertised or promoted on or sold through this Website. Neither EG nor our owners, affiliates, licensors or licensees warrant that this Website will be uninterrupted or error free; nor do we or they make any warranty as to the results that may be obtained from use of this Website or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through this Website.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EG AND OUR OWNERS, AFFILIATES, LICENSORS AND LICENSEES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
NEITHER EG NOR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEBSITE. IN NO EVENT SHALL EG OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE OR OUR USE OF ANY USER CONTENT THAT YOU POST OR SUBMIT TO US. IN ADDITION TO AND NOT IN LIMITATION OF THE FOREGOING LIMITATION OF LIABILITY, IN NO EVENT SHALL EG OR OUR OWNERS, AFFILIATES, LICENSORS OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, you agree that the entire aggregate liability, if any, of EG and our owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, this Website or any information, products or services available through this Website, or our use of any User Content that you post on this Website or submit to us, will not exceed one hundred dollars ($100).
Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Release and Indemnity
You hereby release and agree to indemnify, defend and hold harmless EG and our owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney's fees, arising from or relating to (i) your breach of these Terms and Conditions or any matter for which you are responsible or liable under the terms of these Terms and Conditions, (ii) third party claims with respect to our use of any User Content that you have posted on this Website or submitted to us, including, but not limited to, infringement of copyright, trademark, trade secret, patent, proprietary rights or any other claims, or (iii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction. If you are a California resident, you hereby waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Use of this Website by you for spamming is strictly prohibited. By using this Website, you agree not to use information concerning other users of this Website, or any items such users have listed or searched for on this Website (including listing information, user names, email addresses, telephone numbers and/or other information), for any purpose that is not expressly permitted by these Terms and Conditions. You may not post information directed to or collect personal information from any minor.
These Terms and Conditions are governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in the City of Norfolk, Virginia, U.S.A., for all disputes arising out of or relating to these Terms and Conditions your use of this Website or the information, products or services available through this Website, or our use of any User Content that you have posted on this Website or submitted to us. Use of this Website or the information, products or services available through this Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EG as a result of these Terms and Conditions or your use of this Website or the information, products or services available through this Website.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use this Website and the information, products and services available through this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Website or the information, products or services available through this Website will not be permitted.
You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action.
If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
Failure by EG to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision of these Terms and Conditions.
If you have any questions, please contact us at The Employment Guide LLC, 4460 Corporation Lane, Suite 317, Virginia Beach, VA 23462 or call us at 1-877-876-4039.
Overview; General Terms
EmploymentGuide.com is a service that brings together job seekers and Employers. Information about a particular job is supplied by the Employer, and information related to job seekers is provided by the applicable individuals (in both cases such information is not provided by EmploymentGuide.com). Though we hope that all who utilize EmploymentGuide.com will act honorably and treat each other fairly, we cannot verify the information Employers supply or guarantee the job they offer; likewise, we cannot assure the Employer that the job seeker is available or has provided complete and accurate information. When using EmploymentGuide.com to advertise or find a job, we urge you to use the same common sense and good judgment you would use in advertising a job through, or responding to, a classified ad in the newspaper. There is no substitute for your own good judgment.
Although EmploymentGuide.com cannot monitor all the information posted to our website, we reserve the right (but assume no obligation) to delete, move or edit any information or postings that we consider unacceptable or inappropriate, whether for legal or other reasons. Furthermore, EmployementGuide.com can change or alter its website at any time. By using EmploymentGuide.com services, all Employers and job seekers agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy EmploymentGuide.com. EmploymentGuide.com reserves the right to deny access to anyone who we believe has violated these terms or any other term of this User Agreement. EmploymentGuide.com will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to EmploymentGuide.com; however, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our User Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or EmploymentGuide.com.
We invite you to bring to our attention any material on the EmploymentGuide.com site that you believe to be inaccurate. Please forward a copy of the material to our Customer Service Manager at firstname.lastname@example.org along with an explanation of your objection.
EmploymentGuide.com® and the EmploymentGuide.com logo, which are trademarks of The Employment Guide LLC or its affiliates, are used by EmploymentGuide.com for its sole benefit. The names of other products and services referred to on the EmploymentGuide.com site may be trademarks owned by affiliated or unaffiliated third parties. No Employer or job seeker may use any trademark or service mark appearing on EmploymentGuide.com without the prior written consent of the owner of the mark.
General. When an Employer offers a job through EmploymentGuide.com, the Employer must be prepared to fill that job in accordance with the terms on which it has been listed. To list a job on EmploymentGuide.com, Employers are required to provide certain identifying and contact information, which must (among other things) accurately identify the Employer. Employers may not charge any job seeker for information about any job listed on EmploymentGuide.com, nor may Employers use EmploymentGuide.com to promote, without our prior written permission, any other website, product or service. EmploymentGuide.com reserves the right to deny use of its websites to any Employer who does not comply with the requirements of this User Agreement or who otherwise uses our services in a manner we consider inappropriate in our sole discretion.
Employers, alone, are responsible for all listings and other material they post on and for the content of all email messages transmitted through the EmploymentGuide.com sites and services. We note that nothing will undermine a job seeker's confidence in an advertised employment opportunity faster than inaccurate statements or misleading representations about the job or the employer. And because any erosion of job seeker confidence in an Employer is likely to be accompanied by erosion of user confidence in EmploymentGuide.com, we care deeply about making sure that the information Employers supply is accurate and that, in all respects, Employers treat EmploymentGuide.com users fairly and honorably.
Job Information. Employers shall supply to EmploymentGuide.com information and related materials, including, without limitation, job listings and other pertinent job-related information, ad copy, logos, graphic art and photographs for use on the EmploymentGuide.com site and otherwise in connection with EmploymentGuide.com's services (collectively, the "Job Information"). Employer hereby authorizes and grants a worldwide, royalty-free license to EmploymentGuide.com to distribute the Job Information on its websites and/or in its publications and on other online resources and services owned and/or maintained by EmploymentGuide.com and/or its affiliates. In addition to the obligations of Employer as otherwise specified in this User Agreement, Employer shall be solely responsible for selecting and providing the Job Information, verifying the accuracy of the Job Information, and obtaining all relevant permissions, licenses, releases or other authorizations necessary for EmploymentGuide.com's use of the Job Information in connection with all EmploymentGuide.com services.
Employer Representations and Warranties. Employer accepts all liability for the content of all Job Information supplied by it to EmploymentGuide.com. Employer warrants to EmploymentGuide.com that (a) it is the owner or licensee of all necessary and appropriate rights in and to the Job Information and other materials provided to EmploymentGuide.com to allow EmploymentGuide.com to perform its services in accordance with this User Agreement; and (b) all Job Information provided by Employer: (i) constitutes original works of authorship of (or works otherwise validly licensed to) Employer, except for material in the public domain, (ii) is true, not libelous and not defamatory, (iii) does not infringe any trade name, trademark, trade secret, copyright, literary or other right, or invade or violate any privacy, personal or proprietary right, of any person or entity, (iv) does not constitute unfair competition with any other person or entity and complies with all applicable Federal, State and local laws and regulations, and (v) is not offensive, in poor taste or otherwise objectionable. Employer shall defend, indemnify and hold harmless EmploymentGuide.com and its affiliates from any and all claims, demands, liability, suits, costs and expenses arising by reason of or resulting from EmploymentGuide.com's publication of Employer's Job Information, any job seeker or other individual's use of the Job Information, or any breach by Employer of the foregoing representations and warranties.
Prohibited Employer Conduct. In addition to and not in limitation of the other restrictions set forth in this User Agreement, Employer will not under any circumstances when utilizing the EmploymentGuide.com services:
Without limiting the foregoing, Employer shall not engage in any spamming or data scrapping. We want job seekers visiting the EmploymentGuide.com site to feel free to share their email addresses with Employers listing jobs on our site. By listing a job on the EmploymentGuide.com site, Employer agrees to use the email addresses of those responding to its listing solely for purposes of communicating with those individuals about the potential job opportunity. Furthermore, by using the EmploymentGuide.com site, Employer agrees not to use information concerning other users of EmploymentGuide.com, or the job they have searched for on this website (including user names, email addresses, telephone numbers and/or other information), for any purpose other than to explore the potential job opportunity with such user.
Acceptance/Rejection/Removal of Job Information. Employer acknowledges that the Job Information provided to EmploymentGuide.com by Employer is subject to review and approval by EmploymentGuide.com's management and other appropriate personnel. EmploymentGuide.com reserves the right to revise or reject for any reason at its sole discretion any Job Information submitted by Employer. Furthermore, and without limiting Employer's representations and warranties and other obligations set forth in this User Agreement, EmploymentGuide.com has the right in its sole discretion to remove, or direct Employer to remove, all or any portions of any Job Information provided by Employer that EmploymentGuide.com believes is, or may be, (a) false, libelous or defamatory; (b) infringing of any trade name, trademark, trade secret, copyright, literary or other right of any person or entity; (c) invasive or in violation of any privacy, personal or proprietary right; (d) unfairly competing with any other person or entity; (d) in violation of any Federal, State or local laws or regulations; or (e) offensive, in poor taste or otherwise objectionable.
Links to Other Sites. Employer is free to establish a hypertext link from your website to the EmploymentGuide.com site so long as the link does not state or imply any endorsement or sponsorship of you, your company or your site by EmploymentGuide.com or any of its affiliates. However, without the prior written permission of EmploymentGuide.com, Employer may not frame any content of the EmploymentGuide.com site nor incorporate into another website or other service any intellectual property of EmploymentGuide.com or its licensors. Requests for permission to frame our content may be sent to our Customer Service Manager, either by email or at email@example.com.
Payment. By submitting Job Information for display on EmploymentGuide.com, Employer agrees to pay to EmploymentGuide.com the fees specified for the listing package selected, regardless of whether Employer's job is filled as a result of the listing. Employers should take care in selecting the applicable listing package and inputting its Job Information; listing fees are generally not refundable, even if the Employer provides erroneous information or fails to fill the job. Employer agrees to pay all amounts owed to EmploymentGuide.com, in U.S. dollars, upon receipt of each invoice from EmploymentGuide.com. If payment is not received within thirty (30) days after receipt of an invoice, EmploymentGuide.com may, at its discretion, cancel Employer's future advertising, and charges for all advertising conducted on behalf of Employer will become immediately due and payable. In addition, a service charge of 1.5% per month (18% per year), or the maximum rate allowed by law, whichever is less, will be applied to all past due balances, and Employer shall pay any and all attorneys' fees and other costs of collection incurred by EmploymentGuide.com in collecting such payment. Claims for billing errors must be made by Employer to EmploymentGuide.com in writing within five (5) days after the receipt of the applicable invoice/statement. Advertising terms and rates are subject to change, and EmploymentGuide.com may modify its fees upon thirty (30) days prior written notice to Employer; Employer shall be obligated to pay and shall pay the modified fees unless Employer provides EmploymentGuide.com with written notice of cancellation of its advertising arrangement within thirty (30) days after Employer's receipt of such notice. Otherwise, any cancellation of any advertising by Employer prior to the term of any contracted ad run will result in penalty equal to the greater of three (3) months' billings or fifty percent (50%) of the remaining contracted ad run.
Work Product of EmploymentGuide.com. To the extent that EmploymentGuide.com or its affiliates create or develop materials, documents, text, photographs, video, pictures, animation, sound recordings, computer programs, inventions (whether or not patentable) or other works of authorship in connection with or while providing any services for Employer (collectively "EmploymentGuide.com Work Product"), Employer hereby acknowledges and agrees that EmploymentGuide.com owns and retains all rights in and to the EmploymentGuide.com Work Product, including all worldwide rights therein under applicable patent, copyright, trade secret and other property right laws.
EmploymentGuide.com Errors. EmploymentGuide.com's liability for any damages suffered directly or indirectly resulting from errors caused by EmploymentGuide.com in any Job Information or other advertising that it publishes or fails to publish on behalf of Employer shall be limited to the fees EmploymentGuide.com actually received in consideration for its agreement to publish the Job Information or other advertising in question. Without limiting the foregoing, in no event shall EmploymentGuide.com be liable or otherwise responsible for any special, incidental, indirect or consequential damages (including but not limited to loss of revenues and/or profits and/or loss of data, however caused) suffered by any person or entity due to or otherwise resulting from any act or omission of EmploymentGuide.com whatsoever.
Communications. Employer may be issued a password to access EmploymentGuide.com's proprietary services. By accepting the password, Employer agrees to limit use of the password to authorized users within its organization. Disclosing the password to third parties or allowing unauthorized access is expressly prohibited and may result in cancellation of this User Agreement. EmploymentGuide.com reserves the right to refuse password access to any individual or organization at its sole discretion. Acceptance of this User Agreement allows EmploymentGuide.com to communicate with Employer via telephone, fax, email and U.S. mail for any reason for so long as this User Agreement remains in effect, and each party agrees that facsimile, telephone, electronic mail, and/or U.S. mail are appropriate methods of communication and that notices communicated through these methods will constitute sufficient notice for purposes of this User Agreement.TOP^
Job Seeker Provisions
Overview. We do not research the companies that advertise business opportunities with EmploymentGuide.com and assume they are reputable. It is always wise to investigate any company that you may not be familiar with before considering any potential employment opportunity. The material that appears on the EmploymentGuide.com sites and services is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before relying on information you've read about on the EmploymentGuide.com sites and services, you should confirm with the Employer any information that is important to you. EmploymentGuide.com is not responsible for, and does not guarantee the accuracy of, any information contained in any job listings or other Job Information included on the EmploymentGuide.com sites and services. Furthermore, the salary and other terms of any potential employment opportunity are and remain subject to direct negotiation between the job seeker and the Employer.
Registration with EmploymentGuide.com. To obtain access to certain EmploymentGuide.com services, job seekers will be given an opportunity to register with EmploymentGuide.com. As part of the registration process, job seekers will select a user name and a password, and all registered job seekers agree that (a) the information supplied during that registration process will be accurate and complete and (b) they will not register under the name of, nor attempt to use any EmploymentGuide.com service under the name of, another person. EmploymentGuide.com reserves the right to disallow use of any user name that we deem offensive or inappropriate. All registered job seekers will be responsible for preserving the confidentiality of their passwords and for all actions of persons accessing EmploymentGuide.com through any username/password assigned to them. Registered job seekers should notify EmploymentGuide.com's Customer Service Manager at firstname.lastname@example.org of any known or suspected unauthorized use of their account.
Job Seeker Accounts and Notifications. By accepting this User Agreement and utilizing EmploymentGuide.com services, all registered job seeker accounts will be automatically registered for the following EmploymentGuide.com newsletters and notifications. Job seekers may unsubscribe to any and all of these in the job seeker account or via email by contacting email@example.com at any time.
Educational Advancement Opportunities - Job seekers will receive educational and career advancement opportunities notifications via both e-mail and phone.
Job Alerts - Job seekers will receive daily emails with the latest listed jobs in their area.
Job Seeker Newsletter - This newsletter will highlight career advice, tips and other special offers.
Work at Home Newsletter - Job seekers will receive information about entrepreneurial and work-at-home opportunities.
Employment Notifications - These are periodic targeted e-mails from companies hiring in your area.
Third Party Contacts with Job Seekers. By accepting this User Agreement and utilizing EmploymentGuide.com services, job seekers understand and agree that they may be contacted by third party vendors, some of whom have partnered with EmploymentGuide.com for the offer of relevant products and services, by email, phone, SMS messaging or mail. To opt-out of such contacts, job seekers must use the opt-out mechanism as identified in the applicable third party's email, website, mobile program or mailing address.
Links to Other Websites. For job seekers' convenience, EmploymentGuide.com makes available links to websites operated by Employers that list their jobs in our online classifieds. Although EmploymentGuide.com may power some of these websites, EmploymentGuide.com is not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. EmploymentGuide.com does not co-sponsor, operate, endorse or guarantee any employer/advertiser sweepstakes or contest offer that may be promoted from time to time on the EmploymentGuide.com site, or that may be accessible through a link from our site, and you hereby release EmploymentGuide.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.
The Information We Collect
How We Use the Information
Information about our customers is an important part of our business, and we share personally identifiable information collected on our Website with unaffiliated third parties only as described below. (Please see "Your Options Regarding Personally Identifiable Information" below for information on how to avoid having your personally identifiable information shared by us.)
Third Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples may include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. In connection with their performance of functions on our behalf, we may share personally identifiable information with such companies and individuals as needed for them to perform their functions, but we do not permit such entities and individuals to use personally identifiable information for other purposes.
Third Party Promotions: We may send offers to selected groups of customers on behalf of unaffiliated businesses that want to market their products or services to you, and as part of these promotional offers we may sell or disclose certain of your personally identifiable information to such unaffiliated businesses. If you prefer not to be contacted by any such business with whom we share your personally identifiable information, you may follow the "unsubscribe" instructions provided in any email you receive from any such third party. In addition, you may opt out of our sharing your personally identifiable information with such businesses by sending us an email at firstname.lastname@example.org, as described below under "Your Options Regarding Personally Identifiable Information".
In-House Promotions: We may on occasion combine information we receive online with outside records to enhance our ability to market our products and services that may be of interest to you. If you have signed up to receive our e-mails and prefer not to receive marketing information from our Website, please follow the "unsubscribe" instructions provided on any marketing e-mail you receive from our Website.
Protection of Our Website and Others: We reserve the right to release personally identifiable information to unaffiliated third parties when we believe its release is appropriate to comply with the law, enforce or apply our Terms and Conditions and other agreements, or protect the rights, property or safety of EG, our users or others. This includes exchanging information with other unaffiliated third parties in connection with fraud protection and credit risk reduction.
With Your Consent: Other than as set out above, you will receive notice and have the opportunity to withhold consent when personally identifiable information about you might be shared with unaffiliated third parties.
Your Options Regarding Personally Identifiable Information
Except where we believe the release of your personally identifiable information is necessary or appropriate (a) to allow third party service provider functions on our behalf or (b) to comply with law, enforce or apply our Terms and Conditions and other agreements, or protect the rights, property or safety of EG, our users or others, you may opt out of our sharing of your personally identifiable information with unaffiliated third parties emailing us at email@example.com.
Third Party Online Advertising
We use third-party advertising companies to provide advertisements to you when you visit our Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to show you advertisements tailored to your interests on this and other websites and other interactive media and/or to keep track of your response to each ad. For more information on this practice, or to opt out of having this information used by these companies, please visit the Network Advertising Initiative here: Network Advertising Initiative.
Cookies and Web Beacons
To enhance your experience with our Website, many of our Web pages use "cookies". Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or reveal other personally identifiable information unless you choose to provide this information to us by, for example, registering at our Website. However, once you choose to furnish our Website with personally identifiable information, this information may be linked to the data stored in the cookie.
"Web beacons" or clear .gifs are small pieces of code placed on a Web page to monitor behavior and collect data about the visitors viewing a Web page. For example, Web beacons or similar technology can be used to count the users who visit a Website or to deliver a cookie to the browser of a visitor viewing that page. We may use Web beacons or similar technology on our Website from time to time for this and other purposes.
Collection of Information by Third-Party Sites, Ad Servers and Sponsors
Our Commitment to Security
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the personally identifiable information you have provided or that we otherwise collect on our Website. HOWEVER, WHILE SUCH EFFORTS ARE INTENDED TO ENSURE THE CONFIDENTIALITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AVAILABLE TO US AS A RESULT OF YOUR USE OF OUR WEBSITE, WE CANNOT AND DO NOT WARRANT OR GUARANTEE THE ABSOLUTE SAFETY AND SECURITY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
We work to protect the security of your personally identifiable information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. To assist in keeping your personally identifiable information safe, you must use an SSL-enabled browser (i.e., Internet Explorer).
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure Web browser.
How You Can Access or Correct Information
You may obtain information regarding the personally identifiable information that you provide or we collect about you via our Website for the limited purpose of viewing and correcting any factual errors in such information. Access to personally identifiable information that you provide or we collect via our Website may be accessible for a limited period of time after the point of collection. For example, if you created a password-protected account within our Website, you may return to that portion of the Website to review the personally identifiable information you provided. Alternatively, you may send an e-mail or letter to the following street address requesting information about or corrections to your personally identifiable information us at: The Employment Guide LLC, 4460 Corporation Lane, Suite 317, Virginia Beach, VA 23462 or call us at 1-877-876-4039, subject to appropriate verification procedures. To protect your privacy and security, we will take what we believe are reasonable steps to help verify your identity before providing personally identifiable information, granting access or making corrections.
Access to and use of this Website is subject to compliance with this Website's Terms and Conditions.
Special Note for Parents
This Website you are visiting is a general audience website and was not designed for children. We are not responsible for any access or use of this Website by children. (By way of example, this Website is not intended to sell products for purchase by children.) If you are under 18, you may use our Website only with the involvement of a parent or guardian.
How to Contact Us
Updates and Effective Date
The following describes the terms on which The Employment Guide LLC offers you access to our services.
Using The Employment Guide LLC Sites
While using the Sites, you will not:
Abusing The Employment Guide LLC Sites
The Employment Guide LLC and our user community (the "Community") work together to keep the Sites working properly and the Community safe. Please report problems, offensive content and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our Web site, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Fees and Services
Our Sites offer a service that brings together third party purveyors and interested third parties in connection with transactions involving merchandise and/or services ("Third Party Goods or Services"). Information about Third Party Goods or Services is supplied by third party purveyors and not by The Employment Guide LLC. The price and other terms of any transaction remain subject to direct negotiation between the parties to the transaction. The prices listed by third party purveyors on the Sites often exclude sales tax, finance charges and other charges including, without limitation, title, license, regulatory and compliance fees. Though we hope that all who visit our Sites will act honorably and treat each other fairly, we cannot verify the information third party purveyors supply or guarantee Third Party Goods or Services they offer. Nor can we assure the third party purveyor that any check he/she gets from interested third parties for any Third Party Goods or Services is valid. When using these Sites to offer Third Party Goods or Services, we urge third party purveyors to use the same common sense and good judgment one would use in offering Third Party Goods or Services through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and one's own good judgment.
When you offer any Third Party Goods or Services through the Sites, you must be prepared to provide those goods or services upon the terms on which you have listed them, including, where applicable, transfer of title or ownership. To list Third Party Goods or Services on the Sites, third party purveyors are required to provide certain identifying and contact information. The information must accurately identify the third party purveyor, and the method of contact must permit interested third parties to communicate directly with the third party purveyor. You may not charge any interested third party for information about any Third Party Goods or Services you list on the Sites, nor may you use our Sites to promote, without our prior written permission, any other Web site, product or service. The Employment Guide LLC reserves the right to deny use of the Sites to anyone who does not comply with these requirements or who otherwise uses our Sites in a manner we consider inappropriate.
Responsibility for the information contained in listings lies with each third party purveyor. You alone are responsible for the material you post and for the content, including, without limitation, all e-mail messages transmitted through the Sites. Nothing will undermine a user's confidence in Third Party Goods or Services you offer faster than inaccurate statements or misleading representations about the Third Party Goods or Services. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we require that the information you supply be accurate and that, in all respects, you treat the users to the Sites fairly and honorably.
Though we cannot monitor every transaction that originates on the Sites, we may perform random quality assurance tests to confirm that those who offer Third Party Goods or Services over the Sites are prepared to provide the goods or services on the terms on which they advertise them. By using our advertising service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a third party purveyor is engaging in "bait and switch" or other unfair or deceptive practices, The Employment Guide LLC reserves the right to deny that third party purveyor use of the advertising service.
By submitting a listing through our advertising service, you agree to pay the fees specified for the listing package you select, regardless of whether you are successful in consummating a transaction of Third Party Goods or Services as a result of the listing. Take care in selecting your listing package and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to consummate a transaction of Third Party Goods or Services.
We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise or cancel any advertisement at any time. Rates and specifications are subject to change.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
You will not hold The Employment Guide LLC responsible for other users' actions or inactions, including things they post. The Sites are a venue to allow anyone to consummate transactions involving Third Party Goods or Services, at any time, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between third party purveyors and interested third parties. We have no control over and do not guarantee the quality, safety or legality of Third Party Goods or Services advertised, the truth or accuracy of listings, the ability of third party purveyors to sell items, the ability of interested third parties to pay for items, or that an interested third party and a third party purveyor will actually complete a transaction.
We do not transfer legal ownership of items from the third party purveyor to an interested third party, and nothing in this Agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of goods are transferred upon physical delivery of the goods to the interested third party by the third party purveyor. Unless the interested third party and the third party purveyor agree otherwise, the interested third party will become the lawful owner of the goods upon physical receipt of the goods from the third party purveyor, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to The Employment Guide LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our prior, express written permission.
Additionally, you agree that you will not:
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on The Employment Guide LLC' national registered agent (in the case of The Employment Guide LLC) or to the e-mail address you provide to The Employment Guide LLC during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Virginia as they apply to agreements entered into and to be performed entirely within Virginia between Virginia residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against The Employment Guide LLC must be resolved by a court located in Virginia Beach, Virginia. You agree to submit to the personal jurisdiction of the courts located within Virginia Beach, Virginia for the purpose of litigating all such claims or disputes.TOP^