Dominion Enterprises ("Publisher") provides advertising services ("Services") as contracted through an Agreement ("the Agreement") signed by authorized agents of Dominion Enterprises and the Advertiser ("Customer"). Customer authorizes Publisher to disseminate Customer's job listings and/or advertising ("Advertising") through the resources owned by and/or maintained by Publisher and/or its affiliates. By execution of the aforementioned Agreement, Customer agrees to the following terms and conditions:
1. Data: Customer shall supply to Publisher information and related materials, including, without limitation, job listings, ad copy, logos, graphic art and photographs for use in connection with Publisher's Services (collectively, the "Information"). Customer agrees to provide, and further authorizes Publisher to collect, other Information or materials. Customer authorizes Publisher to distribute the Information in its publications and/or on its websites and other online resources owned by and/or maintained by Publisher and/or its affiliates. In addition to the obligations of Customer as otherwise specified in this document and the Agreement, Customer shall be solely responsible for selecting and providing the Information, verifying the accuracy and content of the Information, and obtaining all relevant permissions, licenses, releases, or other authorizations necessary for Publisher's use of the Information in connection with the Services.
2. Acceptance/Rejection: Customer acknowledges that the Information provided to any employee of Publisher by Customer is subject to review and approval by Publisher's Management. Publisher reserves the right to revise or reject for any reason at its sole discretion any Information submitted by Customer. If Publisher becomes aware that any Information provided by Customer is claimed, or is likely to be claimed false, libelous, or defamatory; infringing of any trade name, trademark, trade secret, copyright, literary or other right; invasive or in violation of any privacy, personal or proprietary right; unfairly competing with any other party; in violation of any Federal, State and local laws and regulations; or offensive, in poor taste or objectionable, Publisher has the right in its sole discretion to remove, or direct Customer to remove, the relevant portions of or all of the Information.
3. Errors: Publisher's liability for any damages suffered directly or indirectly resulting from errors in any advertising that it publishes or fails to publish as per written agreement shall be limited to the amount Publisher actually received in consideration for its agreement to publish the advertising in question. In no event shall Publisher be responsible for any special, incidental or consequential damages suffered by any party resulting from its errors or omissions.
4. Customer Warranty: Customer accepts all liability for the content of all information supplied by it under the Agreement. Customer warrants to Publisher that it has the power and authority to enter into the Agreement; it is the owner or licensee of all necessary and appropriate rights to allow Publisher to perform the Services. Customer further warrants to Publisher that all Information provided by Customer: constitutes original works of authorship of Customer except for material in the public domain; is true, not libelous, and not defamatory; infringes no trade name, trademark, trade secret, copyright, literary or other right; invades or violates no privacy, personal or proprietary right; does not constitute unfair competition with any other party; complies with all Federal, State and local laws and regulations; and is not offensive, in poor taste or objectionable. Customer agrees to defend, indemnify and hold harmless Publisher from any and all claims, demands, liability, suits, costs or expense, arising by reason of the publication of Customer's Advertising, Job Listing(s), use of the Information, or breach of the foregoing warranty, whether such claims are well grounded or not. Customer may be issued a password to access the Publishers proprietary services. By acceptance of the password, Customer agrees to limit use of the password to authorized users within the Customers organization only. Disclosing the password to third parties or allowing unauthorized access is expressly prohibited and may result in cancellation of the Agreement. Any solicitation of the database for the purpose of contract work or multi-level marketing is expressly prohibited. Publisher retains the right to refuse password and access at its sole discretion. Acceptance of the Agreement allows Publisher to communicate with Customer via telephone, fax, email and U.S. Mail for and reason during the term of the Agreement.
5. Inability to Perform: Neither party shall be required to perform any term or condition so long as such performance is delayed or prevented by computer, telecommunications, or other system outages, or force majeure, including but not limited to acts of God, strikes, lockouts, material or labor restrictions by any government authority, civil riot, floods, or any other cause not reasonably within the control of, or preventable wholly or in part, by the Publisher.
6. Payment: Customer agrees to pay all amounts in U.S. dollars to Publisher upon the date of receipt of an invoice. If payment is not received within thirty (30) days after receipt of an invoice for any charges, Publisher may, at its discretion, cancel Customer's future advertising, and charges for all Services conducted on behalf of Customer 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, will be applied to all past due balances. Claims for billing errors must be made in writing within five (5) days after the receipt of the applicable invoice/statement. Following thirty (30) days' written notice, Publisher may modify its fees, and Customer shall pay the new fees unless Customer provides Publisher with written notice of cancellation of the Agreement within thirty (30) days following Publisher's notice. Publisher may terminate the Agreement at any time. Cancellation of the Agreement by Customer will result in penalty equal to the greater of three (3) month's billing or 50% of the remaining contracted amount. Advertising benefits and rates are subject to change.
7. Attorney and Collection Fees: If for any reason payment is not made in full when due, Customer agrees to pay any and all Attorney and Collection fees and any Court costs incurred by Publisher in collecting such payment.
8. Communications: Publisher and Customer agree 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 the Agreement.
9. Work Product of Publisher: To the extent that Publisher or its licensors 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 the Services for Customer (collectively "Work Product"), Customer hereby acknowledges that Publisher owns and retains all rights in and to the Work Product, including all worldwide rights therein under patent, copyright, trade secret, or other property right.
10. Miscellaneous: The rights, duties and obligations entered into under the Agreement shall be binding on each party and its affiliates, subsidiaries, parents, successors and assigns. The Agreement and these Terms and Conditions contain the entire understanding and complete agreement of the parties. No amendment or modification of the Agreement shall be valid or binding upon the parties unless made in writing and executed by the parties under the same formalities as the current Agreement. Advertiser acknowledges and agrees that the Agreement and any account established hereby shall be governed in accordance with the laws of the Commonwealth of Virginia. If any provision of this Agreement shall be determined to be illegal and unenforceable by any court of law or any competent governmental or other authority, the remaining provisions shall be severable and enforceable in accordance with their terms so long as this Agreement without such terms or provisions does not fail of its essential purpose or purposes. Any cause of action arising under or relating to this Agreement shall be adjudicated exclusively in courts located in Norfolk, VirginiaBy accepting the Terms and Conditions listed above, all Jobseeker accounts will be automatically signed up for the following newsletters and notifications. Users may unsubscribe to any and all of these in the Jobseeker account or via email at any time.