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TERMS OF SERVICE

 

1. Privacy
Your privacy is very important to us. We created the Privacy Policy to make important disclosures to you about how we collect and use the information you share on the Site www.OptiJob.com, OptiJob Career Portals (third party employer career portals) and/or OptiJob Services. We encourage you to read the Privacy Policy and use the information it contains to help make informed decisions.

 

2. Registration and Account Security
By signing up for and/or using OptiJob Services you agree to the following:

 

  • You will not use OptiJob Services if you are under 13 years of age.
  • You must have a valid email address.
  • You will not provide any false personal or corporate information on OptiJob Career Portals and/or OptiJob Services.
  • OptiJob Clients may access OptiJob Services through an approved Username and Password at any time.  The Username and Password may be shared by multiple users within your organization and these multiple users may access OptiJob services at the same time.  It will be the sole responsibility of the Client to maintain proper use of OptiJob Services and it is recommended that Client Login Information remains confidential. In the event of unauthorized access to OptiJob Services, OptiJob will suspend services and issue new Client Login Information.
  • You are responsible for all content posted and activity that occurs under your account (even if content is posted by someone else using your account).
  • You will not use the Service for any illegal purposes. You will not violate any laws in your jurisdiction.

 

If you violate the provisions and spirit of this statement and/or   create possible legal exposure for Optijob, Inc. and/or its affiliates, OptiJob may suspend some or all OptiJob services including OptiJob Career Portals, OptiJob Social and Mobile Applications, OptiJob Analytics and OptiJob. In the event of a violation of the provisions, OptiJob will attempt to notify you, but have no obligation to do so.

 

3. Payment, Refunds, Upgrading and Downgrading Account Terms
You agree to pay for the subscription term in accordance with your OptiJob Services Agreement Terms. If no term is reflected in your Agreement you agree to pay for a twelve  (12) month subscription term.


After the full subscription term, unless OptiJob or you cancel or terminate your service, you will be renewed automatically and agree to pay for successive one (1) year renewal term(s).


OptiJob Client accounts are billed in advance and are non-refundable unless terminated by OptiJob for any reason except cause. If an account is canceled, refunds for unused service with that account will not be made.

 

Fees do not include taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

 

If you upgrade or downgrade your OptiJob Services via an approved annual OptiJob Services Addendum, you will automatically be charged the new rate in your annual Renewal Terms.

 

Downgrading OptiJob Services may cause the loss of content, features, or capacity of your OptiJob Services. OptiJob does not accept any liability for such loss. We will attempt to notify you via email to the authorized email address associated with your OptiJob Services if any issues are anticipated, but have no obligation to do so.

 

4. Cancellation and Termination of Services
You are solely responsible for the cancellation of OptiJob services 30 days prior to the Renewal Term.  You may cancel your OptiJob services with 30 days notice by emailing contact@optijob.com.  You are responsible for downloading any data that you may have had access to prior to cancelation.  All of your content (data, text and files) will be deleted from OptiJob Servers 90 days after your cancellation has been processed. This information cannot be recovered after this 90-day period has elapsed.

 

If you give notice of cancellation of OptiJob Services at the end of your current Services Agreement, your services will remain active in accordance with your current Services Agreement terms. No partial refunds will be given.

 

OptiJob has the right to suspend or terminate your Services and refuse any and all use of the Services for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your OptiJob services or access to your OptiJob Services Account, and of all content associated with your Account. OptiJob will issue a pro-rata refund of any unused services if such termination is for any reason, other than for cause.

 

OptiJob reserves the right to refuse service to anyone for any reason at any time.

 

5. Modifications to the Service and Prices
OptiJob reserves the right to modify or discontinue the Services (or any part thereof) at any time with or without notice. If OptiJob discontinues the service for any reason other than cause, OptiJob will issue a pro-rata refund for any unused services.


The annual fees reflected in your Services Agreement are valid for your service term. OptiJob will continue to bill you the annual fees in annual renewal term(s) unless we have received notice of cancellation by you 30 days prior to the end of the services term or unless OptiJob has given you written notice of any anticipated fee increases 30 days prior to the end of the renewal term.


OptiJob is not liable to you for any modification of the Service.

 

6. Copyright and Content Ownership
All content posted on the Service must comply with U.S. copyright law.  The look and feel of the OptiJob Career Portal and OptiJob Social and Mobile applications may be customized to reflect the look and feel of your corporate website, in the event that such customization is part of your OptiJob Services Agreement all content, graphics, logos etc. will remain your property.


OptiJob claims no intellectual property rights to the content, graphics, logos etc. and any other material you provide to the Service. OptiJob does not screen content, but OptiJob has the right (but not the obligation) in their sole discretion to refuse or remove any content.


The look and feel of the OptiJob Services is copyright © OptiJob, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without expressed written permission from OptiJob.

 

7. General Conditions
We try to keep OptiJob bug-free and safe but use it at your own risk. We are providing OptiJob "as is". OptiJob is not responsible for any damages, loss of profits, or other damage done to your company or employees.


OptiJob may use third party vendors and hosting partners to provide hardware, software, networking, storage, and related technology required to run the Service.


You will not reproduce, copy, sell, or exploit any part of the Service, or access to the Service without the express written permission by OptiJob.


You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services.


You will not utilize information, content or any data you view on and/or obtain from OptiJob to provide any service that is competitive, in OptiJob's sole discretion, with OptiJob.


We may remove content and accounts containing content that we determine are illegal, obscene, objectionable or violates any party's intellectual property or these Terms.


Written, verbal, or other abuse (including threats of abuse or retribution) of any OptiJob customer, employee, member, or officer will result in immediate cancelation of your account and potential legal action.


You must not upload, or transmit unsolicited email messages.


You must not transmit any viruses or any code of a destructive nature.


OptiJob will not:

  • Disclose to any other person the existence or monetary value of this agreement;

 

OptiJob will not, unless permission has been expressly granted by you:

  • Make any public announcement regarding OptiJob's association with you;
  • Use your name or your trademark, service mark, logo or copyright protected work (whether or not registered) in any of OptiJob's promotional materials;
  • Include a hyperlink from any website maintained by OptiJob to your corporate website unless OptiJob has been given permission to do so as part of the Services Agreement, OptiJob Services to be provided.

 

OptiJob may, with or without notice to you:

  • Identify you on OptiJob's website and/or customer list for promotional purposes

 

The failure of OptiJob to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and OptiJob and govern your use of the Service, superseding any prior agreements between you and OptiJob (including, but not limited to, any prior versions of the Terms).

 

8. No Resale or Unauthorized Use
You agree not to resell or assign your rights or obligations under the Terms of Use. You also agree not to make any unauthorized use of the Site.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Company does not guarantee that Job Seekers will be hired or that Employers will find employees or contractors using the Site. The Site facilitates Employers' posting opportunities and Job Seekers' posting resumes and searching available opportunities. The Company is not a party to any relationships entered into between an Employer and Job Seeker, and the Company is not liable for any act or omission by an Employer or Job Seeker.


THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE MATERIAL OR OTHER CONTENT INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NO INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND DOES NOT WARRANT THAT THE JOB DESCRIPTIONS OR OTHER CONTENT ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE ON ACCOUNT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE, INCLUDING, BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THE COMPANY CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF RESUMES ON THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.


The aggregate liability for the Company, affiliates, or employees or agents of the Company to you for all claims arising from or related to the use of the Material, User Content or other goods or services provided through the Site is limited to one hundred dollars. No suit or action shall be brought against the Company more than one year after the cause of action has accrued.


Indemnity
You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any third party claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your breach of the Terms of Use, including but not limited to, User Content. OptiJob shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

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