New York's Job ExchangeNY

	Registration: Code of Conduct, Privacy Policy and Terms & Conditions

	Are you a U.S. citizen or authorized to work in the U.S.? Yes   No America's Job Exchange reserves the right to change, modify, add or remove portions of this Agreement at any time. Please check these terms periodically for changes. By agreeing to this Code of Conduct, you agree that each time you visit our Site; you shall be subject to, and bound by, the then current terms of this Code of Conduct. All You are prohibited from using the AJE website to post content which: (a) is illegal, (b) is discriminatory, (c) may be offensive, (d) is likely harm the integrity of AJE, (e) is for any purpose other than posting or seeking employment opportunities, (f) infringes on the intellectual or proprietary rights of a third party or (g) may harm in any manner the operation of the AJE website. You agree to indemnify and hold harmless AJE, its directors, officers, and affiliated companies from any damage or liability resulting from a violation of the foregoing. Job Seekers The service you are about to enter is intended to help manage your career by making it easier for you to find jobs and for employers to find you. By its very nature, this requires an exchange of information. Your personal information may be shared with workforce agencies in the state where you reside. However, you can be assured that none of your information will be sold or released to third party vendors or operators of mailing lists without your express consent to do so. We hope that you find our services useful enough that you will continue to maintain your account for your entire working life. Because the benefits of this service depend on the exchange of accurate and timely information, we will make every effort to keep the job postings and other information up to date. However, the effective functionality of this service also depends on you doing the same with your resume and any other information that you provide. We reserve the right to remove your resume from the database if it contains inaccurate or inappropriate information. Employers, and/or their agents, may not charge you a fee to provide you with access to a job referral. Please report any attempt to charge you relative to these services immediately. Employers The service you are about to enter is intended to help you manage your recruitment efforts by making it easier for job candidates to find your job postings, and for you to search for job candidates directly. By its very nature, this requires an exchange of information. How job seekers contact you, once they view your job posting, is under your control. You can be assured that none of your information will be sold or released to third party vendors or operators of mailing lists. However, America's Job Exchange may share such information with work force agencies in any state in which you post job vacancies. We hope that you find our services useful enough that you will regularly maintain your account. Because the benefits of this service depend on the exchange of accurate and timely information, we will make every effort to keep the resume postings and other information up to date. However, the effective functionality of this service also depends on you doing the same with your job postings and other information posted about your company. We reserve the right to remove any job posting from the file if it contains inaccurate or inappropriate information. The following are policies that must be followed by employers who utilize this system: - Neither you, nor any of your agents, may charge a fee to provide a job seeker with access to a job referral. You should be aware that individual customers have been asked to report any violation of this policy. - Neither you, nor any of your agents, may use the service to recruit replacement workers in a labor dispute. Individual customers have also been asked to report any instance of such recruitment. - There must be an "employer-employee" relationship. A wage must be provided. Our acceptance of commission only and independent contractor positions are subject to the policy of the State in which you are located. In general these types of positions do not meet the "employer-employee" relationship. - You may not resell or repost resumes found on this site. Such resale or reposting would violate the resume poster's right to control how his or her resume is viewed. - Please be aware that although the data on the America's Job Exchange web site is public information, the use of "scraping" or "scrubbing" technologies to obtain that data is illegal and will be prosecuted. Violations of any of these policies will result in the loss of access privileges. Because we are customer oriented, we will occasionally ask you to participate in surveys to gauge the value and effectiveness of our services and to seek your advice on improving the service. Participation in such surveys is voluntary. America's Job Exchange Agreement on Terms and Conditions of Use 1.Introduction: a.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"). b.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: a.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 individuals 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. b.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. c.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. d.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, damag e 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: a.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. b.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.Compliance with State Data Sharing Agreement: It is assumed You have entered in a Data-Sharing Agreement ("DTA") between the Your State and the Department of Employment, Training of the State of New York, Department of Labor. The usage of data on the Website which falls under that DTA is intended to comply with the DTA and any information in violation of the DTA will be removed. Specifically: a.AJE will comply with the general terms of Your DTA. b.AJE will provide and support the protections in Section 2 of Your DTA, specifically as quoted below and defined in the DTA: "(a) State-DOL shall: (i) keep confidential the Licensed Property and limit access to those employees of State-DOL who are engaged in the use of the Licensed Property and shall not, except as expressly permitted herein, publish, communicate or disclose, or permit to be published, communicated or disclosed, to third parties such information and data; (ii) notify NYSDOL immediately if State-DOL becomes aware of any unauthorized use of the whole or any part of the Licensed Property; and (iii) without prejudice to the foregoing, take all such other steps as shall from time to time be necessary to protect the confidentiality and property rights of NYSDOL in the Licensed Property. (b) State-DOL shall not assign, sublicense, lease, encumber or otherwise transfer or attempt to transfer the subject data/information or any portion thereof. State-DOL shall not use the Licensed Property or any portion thereof for any purpose other than to perform employment and reemployment services for the citizens and businesses of said state. (c) State-DOL acknowledges and agrees that the State of New York, Department of Labor will retain all right, title, interest and ownership in the Licensed Property." 6.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. 7.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. 8.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. 9.Referenced Agreements: AJE's Privacy Policy and Disclaimer that are separately posted on the Website are incorporated into these Terms and Conditions by reference. 10. 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. 11. 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. Do You Agree to the Above Code of Conduct?