America's Job Exchange Terms and Conditions of Use

1. Introduction

These TERMS AND CONDITIONS OF USE (the "Terms and Conditions"), along with the Privacy Policy and Security Notice, incorporated herein by reference, govern the relationship between You (as defined below) and AJE and Your (as defined below) use of (a) America's Job Exchange, Inc.'s ("AJE") website (the "Website") or any other websites controlled by AJE (collectively, the "Websites"); and (b) AJE Services (as defined below). "You" or "Your" referred to herein shall mean the person(s) or the entity on behalf of which that person is acting, using AJE's Services and/or the Websites. By accessing the Websites or using the Services, You agree to be bound by these Terms and Conditions as modified from time-to-time by AJE in its sole discretion.

2. Eligibility

You may not use the Websites or AJE Services if You are under the age of 13. If You are over the age of 13, but under the age of 18 or legal majority under the laws applicable to You, You may only use the AJE's Websites or AJE Services with the approval of and under the direct supervision of a parent or guardian.

3. Services; Content; Content Disclaimer

AJE operates a Website that, among other things, posts and distributes employment opportunities, provides recruitment advertising, and provides other products and services for employers and job seekers (collectively, the "AJE Services"). The Website is intended to help job seekers and employers connect with each other and invariably requires an exchange of information to include without limitation, resumes, job postings, hyperlinks to Your websites, advertisements, and etcetera posted or provided to AJE by users of the Website including You (collectively, "Content"). AJE is neither the author nor the monitor of Content. Therefore AJE assumes no responsibility related to the Content as to whether it is authentic, accurate, legal, safe, infringing, secure, reliable or confidential and AJE disclaims any opinions or representations by any third-party ("Content Disclaimer").

4. Personal Information

Keeping in view the purpose of the Website, we advise You not to provide any personal information to include without limitation Your (a) Social Security number, (b) driver's license number or state-issued identification card number, or (c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to Your financial account, when submitting Content since such personal information can be misused. You should exercise reasonable judgment if asked to provide any personal information. Therefore AJE shall not be liable for any damages occurring due to misuse of such information.

5. Account Creation - License Terms


Job Seekers:

AJE hereby grants you a limited, non-transferable, revocable, and nonexclusive license to use AJE Services for personal employment opportunities. This license authorizes you to view and download a sole copy of the materials found on the Websites for Your personal use. You are prohibited from selling, reproducing or using the materials for any purpose other than as authorized by AJE.

Employers:

Upon creation of a valid account, AJE hereby grants you a limited, non-transferable, revocable, and nonexclusive license to use AJE's Services. This license authorizes you to post jobs and view and download a sole copy of the materials found on the Website only for the limited purposes of seeking candidates for employment. This license may not be sold, transferred or assigned by You without AJE's prior written consent. You are prohibited from selling, reproducing or using the materials for any purpose other than as authorized by AJE. You shall be responsible for protecting the confidentiality of any information about the job seeker obtained by You directly from the jobseeker or from the Websites as per applicable laws. You agree not to put links to third-party websites in the Content except those which re-direct job seekers to the websites owned by You and are necessary to enable the job seekers to apply for employment, for e.g., Your company's career webpage.

6. Acceptable Use of AJE Services

AJE's prohibits You from posting any Content which:

  • is false, illegal, misleading;
  • is discriminatory;
  • is profane, illicit, or defamatory;
  • may be offensive in AJE's sole judgment;
  • is threatening, disruptive, or abusive;
  • violates any applicable law;
  • is likely to harm the integrity of AJE, its suppliers, its licensors, or its affiliated companies;
  • is for any purpose other than for seeking or providing employment opportunities ;
  • infringes on the intellectual or proprietary rights of AJE or any third party; or
  • may harm, in any manner, the operation of the Websites;
  • Includes Your personal information; or
  • Violates the rights of, or harms or threatens the safety of, users of the Website.

Any Content posted by You in violation of the aforementioned Acceptable Use of AJE Services may be removed by AJE at any time and at its sole discretion. If You reasonably believe that any Content available on the Websites potentially infringes third parties' intellectual property rights including any copyright infringement complaints, notices or counter-notices under Digital Millennium Copyright Act of 1998, please contact AJE's designated personnel identified below:

Gary Cowan
America's Job Exchange, Inc.
187 Ballardvale Street, Suite B110, Wilmington, MA 01887
customercare@americasjobexchange.com


7. Term and Termination

These Terms and Conditions shall be in effect so long as You remain an active user of the Websites or the AJE Services as amended from time-to-time. Further, AJE in its sole discretion has the right to terminate Your account, license or restrict access to the Websites immediately and without any notice for any reason. AJE may at its option also terminate Your account if it remains dormant for an extended period of time. AJE shall not be liable to You or any third party for damages relating directly or indirectly to any such termination of Your access or license to the AJE's Services or Websites. Upon termination, both parties' obligations under these Terms and Conditions will cease except for both parties respective obligations that by their very nature would survive termination of these Terms and Conditions.
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 causes AJE to lose, in whole or in part, the services of its customers or suppliers.

8. Advertisements; Third Party Links and E-mail Notifications

The Websites contain advertisements which may contain hyperlinks to third-party sites. AJE does not endorse the advertisements or makes any representation about the truthfulness, accuracy or veracity of the advertisement or the content posted on such third-party hyperlinks. AJE is not responsible for any harm resulting from accessing the third-party hyperlinks or the use or reliance on the advertisements or content posted at such third-party website. By creating an account or subscribing to AJE Services, You agree to receive email notifications from AJE and a select group of our partners. If You do not wish to receive such email notifications, You can update Your subscription profile by logging into Your user account.

9. Ownership and Violation of Intellectual Property Rights

AJE, its affiliates, its suppliers, and licensors, as applicable, own and shall continue to own all rights, title and interest in the Websites or other content except for any Content or other information posted by You or other users which shall continue to be the property of the respective users, in whatever capacity they have posted the content. You are responsible for protecting any intellectual property rights associated with the Content or other information posted by You. You agree that You shall not reproduce, distribute, sell, modify or replicate any content found on the Websites or use the Websites to infringe on the intellectual property rights of others in any manner whatsoever.

10. Disclaimer of Warranty

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

11. Exclusion of Damages

IN NO EVENT SHALL AJE BE LIABLE HEREUNDER , TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS TO THE TYPE OF CLAIM, WHETHER ARISING IN TORT, STATUTE, CONTRACT OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF CONTENT OR OTHER INFORMATION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS EVEN IF AJE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability

IN NO EVENT SHALL AJE'S MAXIMUM LIABILITY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR DIRECT DAMAGES RESULTING FROM ANY CLAIM HEREUNDER, REGARDLESS TO THE TYPE OF CLAIM, WHETHER ARISING IN TORT, STATUTE, CONTRACT OR OTHERWISE, EXCEED $100 DOLLARS.

13. Indemnity

You agree to defend, indemnify, and hold harmless AJE, its affiliates, and each of their officers, directors, agents, shareholders, suppliers, service providers, and employees, and each of their lawful successors and permitted assigns, harmless from any claims, actions or demands, including without limitation reasonable legal and other professional fees, alleging or resulting from Your posted content and Your use of the Websites, AJE Services, or Your breach of the these Terms and Conditions.

14. Waiver of Jury Trial

EACH PARTY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM ARISING OUT OF THE AGREEMENT OR THE RELATIONSHIP BETWEEN THE PARTIES.

15. Compliance; Auditing

Except for any AJE requirements under law, You or Your authorized third party is solely responsible for any compliance with law, governmental approval, certification or audit approval and the AJE Services and Websites shall not be relied upon in gaining any governmental approval, certification, compliance or audit approval.

16. General Disclaimer and Release

AJE will make every effort to keep its Websites current and to correct errors brought to our attention. In addition to the Content Disclaimer and Disclaimer of Warranty, AJE has little or no control over the quality, safety, or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates, or the ability of candidates to fill job openings. As a result, there are risks, including but not limited to the risks of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You must take care in communicating with potential or alleged employers and should not meet any alleged or potential employer in an unsafe location or alone until the potential or alleged employer has been independently validated by You. Accordingly, by using the AJE Services and Websites and responding to inquiries related thereto, You agree to assume all risks associated with dealing with other users whom You come in contact with through information provided on the Websites and in use of the AJE Services. If You have a dispute with one or more users of the Websites, You agree to the extent permitted by applicable law, to release AJE and its affiliates (including each of their employees, officers, directors and agents) from claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes.

17. General Terms

  1. Assignment. AJE may assign or transfer these Terms and Conditions without Your consent. You may not assign or transfer these Terms and Conditions. These Terms and Conditions shall bind and inure to Your and AJE's lawful successors and permitted assigns.
  2. Subcontractors. AJE shall have the right to use subcontractors in delivering the AJE Services. AJE will be responsible for the services performed by its subcontractors.
  3. Complete Understanding; Modification. These Terms and Conditions constitutes the entire agreement and understanding between the parties relating to its subject matter, and supersedes all prior agreements, understandings and representations between the parties, oral or written, and may only be modified by a signed writing executed by each party's duly authorized representative. No different or additional terms set forth in a purchase order or other communication will be binding on AJE.
  4. Severability. If any portion or provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining portions and provisions shall remain in full force and effect.
  5. Headings. All section headings contained in these Terms and Conditions are for convenience of reference only, do not form a part of these Terms and Conditions and shall not affect in any way the meaning or interpretation of these Terms and Conditions.
  6. Attorney Consultation. You acknowledges that it (a) is aware of its right to consult with an attorney prior to agreeing to these Terms and Conditions, (b) has, prior to agreeing to these Terms and Conditions, either consulted with an attorney or knowingly, freely and voluntarily waived its right to do so, (c) has carefully read and fully understands all of the provisions of these Terms and Conditions, and (d) is entering into these Terms and Conditions, freely and voluntarily in exchange for good and valuable consideration.
  7. Force Majeure. Neither AJE nor You shall be liable for any failure or delay in performance under these Terms and Conditions due to causes beyond Your or AJE's reasonable control, and You and AJE will be entitled to a reasonable extension of time to remedy any such delay or failure to perform due to a Force Majeure event.
  8. Waiver or Failure To Act. AJE's failure or delay to enforce at any time any of the provisions of these Terms and Conditions, or to exercise any option which is herein provided, or to require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of such provision, performance or option.
  9. Relationship of Parties. Nothing in these Terms and Conditions will be construed to imply a joint venture, partnership or agency relationship between You and AJE, and AJE will be considered an independent contractor.
  10. No Third-Party Beneficiaries. These Terms and Conditions are for the sole benefit of You and AJE and each party's lawful successors and permitted assigns and shall not be construed as conferring any rights on any other party.

18. Questions; Notices

Questions concerning the use of the Websites and AJE Services should be directed to AJE's Customer Care Center at: customercare@americasjobexchange.com. In addition, Legal notices, if any, should be sent to: Attn: Legal Department, America’s Job Exchange, Inc., 187 Ballardvale Street, Suite B110, MA 01887 . All notices to You shall be sent at the physical and/or email address available in Your account profile.