Thank you for visiting financialjobstoday.com and/or OfficeJobsNow.com and/or OfficeJobsNow.com (the "websites"). Candidates and other visitors to the Websites may use many of the features on the Websites for free. The small number of services which require payment are optional and marked as such.
The Websites is an online service operated by Employment Systems, Inc., a Texas Corporation on the World Wide Web of the Internet, consisting of certain services and content provided by Employment Systems, Inc. d/b/a (hereinafter "The Websites"), affiliated companies, and third parties.
(B) The Websites shall have the right at any time to change or discontinue any aspect or feature of the Websites, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
The Websites shall have the right at any time to change or modify the terms and conditions applicable to End User's use of the Websites, or any part thereof, or to impose new conditions, including, but not limited to, requiring user registration, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Websites, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Websites and all charges related thereto.
5. End User Conduct
(A) YOU ARE RESPONSIBLE FOR YOUR ACTIONS ON THE WEBSITES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY POSTING OR SUBMISSION OF ANY INFORMATION OR DATA BY YOU TO OR VIA THE WEBSITES. End User shall use the Websites for lawful purposes only. End User shall not post or transmit through the Websites any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without The Websites express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in The Websites discretion restricts or inhibits any other End User from using or enjoying the Websites will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) the Websites or its computer network to make unauthorized entry to any other machine accessible via the Websites or its computer network and (4) use of the Websites to advertise or perform certain commercial solicitations, including, but not limited to, (a) the solicitation of users of the Websites to become users of other on-line services competitive with the Websites and (b) the attempted use of job posting ads to promote opportunities other than specific employment opportunities in specific locations with specific organizations. Without limiting any other rights or remedies of The Websites, violations of the foregoing may result in removal of violated communications and/or early termination of the End User's access to the Websites.
(B) The Websites contains copyrighted material, trademarks and other proprietary information that may include, but is not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. The Websites owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express permission of The Websites and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material.
(C) End User shall not upload, post or otherwise make available on the Websites any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with End User. End User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By publishing, displaying or uploading any text, links, photos, video, messages or other data or information to any public area of the Websites, End User automatically grants, and represents and warrants that they or the owner of such material has expressly granted and has the right to grant, The Websites the fully paid royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other End User to access, view, store or reproduce the material for that End User's personal use. Please note that The Websites does not want to receive confidential information from any End User and any information received will be deemed NOT to be confidential.
(D) You are solely responsible for your conduct and your content on The Websites and compliance with these terms. By registering with us or using or browsing The Websites, you acknowledge that you have read, understood, and agree to be bound by these terms. The Websites is not directed to children younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through The Websites represents that they are 13 years of age or older.
You agree that you will not post, email or make available any content or use The Websites:
- In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- To engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining hospital or other personal information in a misleading manner or for fraudulent or misleading purposes;
- In a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- In a manner that is harmful to minors in any way;
- In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- To impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to The Websites without authorization;
- To interfere or attempt to interfere with the proper working of The Websites or prevent others from using The Websites, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to The Websites, or that otherwise negatively affects other persons' ability to use The Websites;
- To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy The Websites or the content contained therein;
- To facilitate the unlawful distribution of copyrighted content;
- In a manner that includes personal or identifying information about another person without that person's explicit consent;
- In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through The Websites or to users; and
- In a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- "Stalk" or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of The Websites or to proxy authentication credentials for any member of this Network for the purposes of automating logins to The Websites;
- Post any content containing child pornography to The Websites;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from The Websites - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on The Websites infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, The Websites;
- Use The Websites as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of The Websites or for using it for purposes unrelated to The Websites); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of The Websites.
You agree not to authorize or encourage any third party to use The Websites to facilitate any of the foregoing prohibited conduct. You also agree that these The Websites Terms of Service inure to the benefit of our service providers (including our The Websites platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Terms of Service. The Websites online service providers provide technology and hosting for aspects of The Websites. However, The Websites controls the content, membership and policy of The Websites, including those pages served by such service provider on behalf of The Websites. Notwithstanding anything to the contrary, by participating on The Websites you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using The Websites and participation with The Websites.
(E) The foregoing provisions of Section 5 are for the benefit of The Websites, affiliated companies, marketing partners, third party content providers, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability
(A) END USER EXPRESSLY AGREES THAT USE OF THE WEBSITES IS AT END USER'S SOLE RISK. NEITHER The Websites OR ANY AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE "PARTIES") WARRANT THAT THE WEBSITES WILL BEUNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.
(B) THE WEBSITES IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICHARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION ORMODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANYOTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT The Websites IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER. WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO The Websites BECAUSE THE INTERNET IS NOT A 100 PERCENT SECURE ENVIRONMENT. THERE IS NO GUARANTEE THAT INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. IT IS YOUR RESPONSIBILITY TO PROTECT THE SECURITY OF YOUR LOGIN INFORMATION.
(D) IN NO EVENT WILL The Websites, The Websites PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITES OR THE WEBSITES'S SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITES.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, The Websites, NOR THE The Websites PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF The Websites PARTIES TO ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE WEBSITES SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY THE END USER IN CONNECTION WITH THE END USER'S USE OF THE WEBSITES AND RETAINED BY The Websites OR (B) ONE HUNDRED DOLLARS ($100).
(F) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, The Websites liability is limited to the greatest extent permitted by law.
The Websites shall have the right, but not the obligation, to monitor the content of the Websites to determine compliance with this Agreement and any operating rules established by The Websites and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, The Websites shall have the right to remove any material that The Websites, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User agrees to defend, indemnify and hold harmless The Websites and affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Websites by End User, except to the extent such claims and expenses arise directly out of the gross negligence of The Websites.
Either The Websites or End User may terminate this Agreement at any time. Without limiting the foregoing, The Websites shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which The Websites, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 5, 6, 7, 8,10,11, 12 and this Section 9 shall survive termination of this Agreement.
Trademarks appearing on the Websites are the property of The Websites, affiliates of The Websites, or their respective owners.
11. Third Party Content
The Websites is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, The Websites has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, End Users or any other user of the Websites, are those of the respective author(s) or distributor(s) and not of The Websites. Neither The Websites nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through the Websites represents the opinions and judgments of the respective information provider, End User, or other user not under contract with The Websites. The Websites neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Websites. Under no circumstances will The Websites be liable for any loss or damage caused by an End User's reliance on information obtained through the Websites. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Websites established by The Websites) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. Any litigated dispute arising out of this Agreement will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. No waiver by The Websites of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14. DMCA Notice
The Websites owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via the Websites by third parties not within the control of The Websites. It is our policy not to permit materials known by us to be infringing to remain on the Websites. You should notify us promptly if you believe any materials on the Service infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), The Websites will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue, including, where applicable, removing, or disabling access to material claimed to be infringing or by removing or disabling access to links to such material. Pursuant to the DMCA 17 U.S.C. 512 (c), The Websites has designated the President of The Websites as its agent for notification of claims of copyright infringement with respect to information residing, at the direction of a user, on the Websites. The contact information is:
Attn: Brandon Armstrong
7000 N Mopac, Suite 2101
Austin, Texas 78731
15. Refund and Cancellation Policies
It is the policy of The Websites not to refund or cancel orders. All sales are final. All purchased items must be used within 365 days of the date of purchase. Should the use of an item take place over more than one day, then the use of that item must commence within 365 days of the date of purchase.
The Websites prides itself on providing the maximum value to our clients at the lowest possible price but we always stand behind our work. If we ever fail to properly deliver a job posting, banner ad, targeted email, or other advertising campaign, at our sole discretion we will either (1) make good by re-delivering the deliverable at no additional charge or (2) providing a refund to you up to the amount you've paid for the campaign. IN NO EVENT WILL EMPLOYMENT SYSTEMS, INC., HOSPITALJOBS.US AND/OR OFFICEJOBSNOW.COM OR ANY OF OUR OTHER AFFILIATED COMPANIES BE LIABLE FOR ANY LIABILITY OR DAMAGE IN CONNECTION WITH ANY CAMPAIGN, INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, BEYOND TAKING THE ACTIONS DESCRIBED IN THE PREVIOUS SENTENCE. THIS LIMITATION ON OUR LIABILITY SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS IN CONTRACT, TORT, OR OTHERWISE. You acknowledge that the pricing of our products and services depends upon this limitation of our liability (i.e., that our liability is limited to the amount we receive for the campaign) and we would not have agreed to assist you with your advertising campaign at such pricing without this limitation on our liability.
16. Employer's Compliance with All Applicable Equal Employment Opportunity Laws
The Immigration and Nationality Act prohibits citizenship status and national origin discrimination with respect to hiring, termination, and recruiting or referring for a fee. 8 U.S.C. §1324b(a)(1)(B).
Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized individuals. U.S. citizens, asylumees, refugees, recent permanent residents and temporary residents are protected from citizenship status discrimination. Employers may not reject valid employment eligibility documents or require more or different documents on the basis of a person’s national origin or citizenship status.
Excerpt from the U.S. Department of Justice Webwebsites: http://www.justice.gov/crt/about/osc/htm/best_practices.php
Advertising an employment opportunity through The Websites requires compliance with all applicable equal employment opportunity laws, including the anti-discrimination provision of the Immigration and Naturalization Act. By advertising your opening with The Websites, you acknowledge that the ad will be in compliance as stated above.
Please note that The Websites is obligated to prohibit any advertisement that requires U.S. citizenship or lawful permanent residence in the U.S. as a condition of employment, unless otherwise required in order to comply with law, regulation, executive order, or government contract. We are also obligated to prohibit any job requirement or criterion in connection with a job posting that discriminates on the basis of citizenship status or national origin.
The Websites prohibits the following language in job employment ads posted to our websites that include the following language:
- "Only U.S. Citizens"
- "Citizenship requirement"*
- "Only U.S. Citizens or Green Card Holders"
- "H-1Bs Only"
- "Must have a U.S. Passport"
- "Must have a green card"
*UNLESS U.S. citizenship is required by law, regulation, executive order, or government contract, the above mentioned terms will be removed from the ad.
End Users occasionally post to The Websites and other job boards advertisements which are not legitimate employment opportunities. We try to prevent such postings from ever going live and delete those which sneak through when we find them.
Do not advertise:
- Fee-based programs such as fee-based training programs, fee-based placements or positions requiring the purchase of supplies or a training kit.
- Events, services or programs such as career fairs, test preparation courses, etc.
In its sole discretion, The Websites may require additional documentation from any End User should The Websites have reason to believe that the End User plans to use The Websites as part of an effort to commit fraud or any other crime. Such documentation may include but is not limited to copies of government-issued identification papers, Articles of Incorporation, Doing Business Under an Assumed Name Certificate, and Better Business Bureau reviews.
Should The Websites in its sole discretion decide your posting is not for a legitimate employment opportunity or not be satisfied with the documentation you provide, we may retain any fees you paid until such time when you are ready, willing, and able to post a legitimate employment opportunity and/or produce the requested documentation. At that time, The Websites will activate your account so that you can make use of the item you purchased.