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New Jersey's Job ExchangeNJ

America's Job Exchange Agreement on Terms and Conditions of Use

  1. Introduction:
    1. Welcome to America's Job Exchange ("AJE"). Following are the terms and conditions of use (the "Terms and Conditions") that govern information, confidentiality, data sharing, employment and reemployment services, and any interaction on, with or through www.Americasjobexchange.com or any other URL controlled by AJE (collectively, the "Website").
    2. The terms "You", "Your" or "Users" as utilized herein refer to any individual, State or entity accessing the Website for any reason. If You are unable to comply or do not wish to accept these Terms and Conditions, You may not use the Website.
  2. License:

    AJE hereby grants You a limited, revocable and nonexclusive license to access any service offered by this Website (the "Service"). Use of the Service beyond the scope of authorized access granted to you by AJE immediately and automatically terminates said license. AJE, in its sole discretion, further has the right to delete or terminate Your access and/or posting, block Your email or IP address, immediately and without notice, and remove and discard any or all content posted, for any reason, including, without limitation, if AJE believes that You have acted inconsistently with these Terms and Conditions or in violation with applicable law. AJE shall not be liable to You or any third-party for damages relating directly or indirectly to any such termination of Your access to the Service.

  3. Content Use and Termination:
    1. You are solely responsible for placing and/or utilizing any content on the Website and/or from AJE. You agree that in submitting content to the Website that You will: in the case of a State, enter into an AJE State Subscription Agreement; and in the case of an individual or a private employer, follow the posting process indicated on the Website. You will not knowingly post information that is false, inaccurate, misleading, unlawful, illegal, discriminatory, offensive, for any purpose other than posting or seeking employment opportunities or infringing on the intellectual or proprietary rights of a third party.
    2. You agree that the Website merely facilitates content distribution and, as such, AJE does not represent or guarantee the truthfulness, accuracy, or reliability of any third-party content or any other communications posted by Users. AJE further does not validate or endorse any opinions expressed by Users. You therefore acknowledge that any reliance on content posted by other Users will be at Your own risk.
    3. Not withstanding the foregoing, AJE may review and remove any content that, in its sole judgment (i) violates these Terms and Conditions, (ii) violates applicable laws, rules or regulations, (iii) is abusive, disruptive, offensive or illegal; (iv) violates the rights of, or harms or threatens the safety of, Users of the Website; or (v) originated on America's Job Bank and is not being used in compliance with the Data-Sharing Agreement between a State and Department of Employment, Training and the State of New York, Department of Labor.
    4. AJE further reserves the right to take any action with respect to any third party content that it deems, in its sole discretion, could or does create liability for AJE, damage AJE's brand or public image (including its affiliated entities), or cause AJE to lose, in whole or in part, the services of its customers or suppliers.
  4. Confidentiality:

    Information submitted to the Website by You will be considered and treated as confidential and shall not be distributed for any purpose other than as used in the Website for the support of employment matching related services. AJE will be operated consistent with the State's personal privacy protection statutes, as they are made known and available to AJE. Any content found to be in violation of these statutes will be removed. In addition the following steps are taken to safeguard confidential information:

    1. Electronic access to personal information is limited to what reasonably needs to be publicly available in order for the site to fulfill its primary purpose of matching available jobs with appropriate job seekers.
    2. NaviSite, Inc. is a single source solution provider for the Website and physical access to the Website's content and servers shall be in accordance with NaviSite's industry-leading data center security measures.. Specifically, the servers are housed in a NaviSite data center which is locked at all times and requires photo id from anyone seeking to enter the data center. Additionally, the data center is protected by electronic surveillance which records all individuals entering the data center. Additional security measures are also in place.
  5. Disclaimer of Warranty:

    YOU AGREE TO USE THE WEBSITE AND ITS SERVICE ENTIRELY AT YOUR OWN RISK AND PERIL AND THAT ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER. ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, AJE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THIS WEBSITE AND THE SERVICE IS PROVIDED WITHOUT ANY SERVICE LEVEL AGREEMENT OR OPPORTUNITY FOR SERVICE CREDITS. AJE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED AND/OR POSTED ON THE WEBSITE OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. AJE DISCLAIMS ANY WARRANTIES FOR OR AGAINST VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICE. THE FOREGOING DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

  6. Limitation of Liability:

    UNDER NO CIRCUMSTANCES SHALL AJE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AJE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM THE INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, SALE OR TERMINATION OF THE WEBSITE (INCLUDING AJE) OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

  7. Indemnity:

    You agree to defend, indemnify, and hold harmless AJE, its officers, subsidiaries, affiliates, shareholders, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from (i) any User content or other material You provide to this Website, (ii) Your use of any AJE content; or (iii) Your breach of the these Terms & Conditions.

  8. Referenced Agreements:

    AJE's Privacy Policy and Disclaimer that are separately posted on the Website are incorporated into these Terms and Conditions by reference.

  9. Questions & Notices:

    Questions concerning the use of the Website should be directed to customercare@americasjobexchange.com. All legal notices should be sent to the attention of "General Counsel" at customercare@americasjobexchange.com.

  10. Applicable Law:

    These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions are found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver by AJE of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. In addition, AJE's failure to enforce any provision of these Terms and Condition shall not be deemed as a waiver or otherwise affect AJE's ability to enforce them or it at any point in the future.



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