1. Introduction:

Welcome to America's Job Exchange ("AJE"). The following terms and conditions of use (the "Terms and Conditions") govern access and or use of AJE's website or any other URL controlled by AJE (collectively, the "Website"). "You" or "Your" referred to in these Terms and Conditions refer to the person(s) using and or accessing the Website.

You shall be subject to, and bound by, the then current Terms and Conditions, including various policies that are incorporated into these Terms and Conditions and mentioned hereafter, each time You access or use AJE's Website. Do not access or use the AJE's Website if You do not accept these Terms and Conditions. AJE reserves the right to amend these Terms and Conditions, in any manner whatsoever, at any time, without any prior notice. You are therefore requested to check periodically for any changes that may have taken place. You shall be subject to, and bound by, the then current Terms and Conditions, including various policies that are incorporated into these Terms and Conditions and mentioned hereafter, each time You access or use AJE's Website. Do not access or use the AJE's Website if You do not accept these Terms and Conditions. AJE reserves the right to amend these Terms and Conditions, in any manner whatsoever, at any time, without any prior notice. You are therefore requested to check periodically for any changes that may have taken place.

2. Eligibility:

You must be over 18 years of age to access and use the Website. By accessing and or using the Website, including without limitation, creating an account on the Website, subscribing to AJE's emails, uploading content, applying for jobs, You represent that You are capable of reading and understanding these Terms and Conditions and have the authority to accept them.

3. Account Creation and Privacy Policy:

The Website 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. By subscribing to any service offered, or creating an account, on the Website, You agree to receive email notices from AJE and a select group of our partners. If You do not want to receive these emails, You can update Your subscription profile by logging into Your user account.

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. AJE has a comprehensive Privacy Policy which is incorporated into these Terms and Conditions by reference and can be found online at http://www.americasjobexchange.com/privacy.

4. License:

Job Seekers:

AJE hereby grants You a limited, revocable and nonexclusive license to access or use any services offered by this Website (the "Service") for personal employment opportunities. This license authorizes You to view and download a sole copy of the materials found on the Website for Your personal use. You are prohibited from selling, reproducing or using the materials for any commercial gains. Employers, and/or their agents, may not charge a fee to provide You with access to a job referral on this Website. Please report to AJE any such attempt to charge You a fee relative to these Services.

Employers:

AJE hereby grants You a limited, revocable and nonexclusive license to access or use any Service. This license authorizes You to 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 except without prior written consent of AJE. You are prohibited from selling or reproducing materials downloaded from the Website.

Termination of License:

Use of the Services offered by the Website 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.

5. Acceptable Use Policy:

AJE Website is intended to help job seekers and employers connect with each other and as such, You may use the Website for legitimate and lawful purposes encompassed or otherwise referred to, in these Terms and Conditions. By accessing AJE's Website You agree to be bound by the Terms and Conditions including AJE's Acceptable Use Policy. You are prohibited from using the Website to post content which: (a) is illegal, (b) is discriminatory, (c) may be offensive in AJE's sole judgment, (d) is likely to harm the integrity of AJE or its affiliated companies, (e) is for any purpose other than seeking legitimate employment opportunities, (f) infringes on the intellectual or proprietary rights of AJE or a third party or (g) may harm, in any manner, the operation of the AJE website. AJE may further terminate Your account, remove content posted by You or block Your access to the Website, for any violation of the Acceptable Use Policy, in its own discretion, without any prior notice to You or any liability to You. 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 policy or these Terms and Conditions.

6. Content Use:

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 not knowingly post information that is false, inaccurate, misleading, unlawful, illegal, discriminatory, offensive, for any purpose other than 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. Notwithstanding 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; or (iv) violates the rights of, or harms or threatens the safety of, users of the Website.

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, 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.

7. Advertisements and Third Party Links:

The Website contains advertisements which may contain link to third party sites. AJE does not endorse the advertisements or makes any representation about the truthfulness, accuracy or veracity of the content posted on such third party links. AJE is not responsible for any harm resulting from accessing the third party links or the use of the content posted on such third party links.

8. Ownership and Violation of Intellectual Property Rights:

AJE, its corporate parent entity,and its licensors own and shall continue to own all right, title and interest in the Website and any content posted on it and the same is protected by the United States and foreign copyright, trademark and other laws. You agree that You shall not reproduce, distribute, sell, modify or replicate any content found on the Website or use the Website to infringe on the intellectual property rights of others in any manner whatsoever.

9. 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. 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 Website to fulfill its primary purpose of matching available jobs with appropriate job seekers.

b. AJE currently uses NaviSite, a leading managed hosting provider and AJE's corporate parent, for hosting and data center services for the Website. 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, consistent with industry practices are also in place.

c. In the event You believe any of Your information is incorrectly made public, You agree to first contact AJE at customercare@americasjobexchange.com so that AJE may take necessary actions to remove Your information from the public domain.

10. 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.

11. 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. IN NO EVENT SHALL AJE’S MAXIMUM LIABILITY RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE (REGARDLESS OF THE CAUSE OF THE ACTION) EXCEED $100.

12. Residents of California:

If You are a resident of California, You agree to waive California Civil Code Section 1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

13. Indemnity:

You agree to defend, indemnify, and hold harmless AJE, its officers, parent, 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.

14. Modification of Terms:

AJE reserves the right, at any time, to modify, alter, or update the Website, these Terms and Conditions, Disclaimer, Security Notice and the Privacy Policy without prior notice.

15. 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.

16. Disclaimer:

AJE will make every effort to keep this Website current and to correct errors brought to our attention. However, AJE is not involved in the actual transaction between employers and candidates. We have 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. While AJE does perform a limited amount of screening, it is very limited. Accordingly, the information provided herein is provided "AS IS." By using this Website, You agree to assume all risks associated with dealing with other users whom You come in contact with through information provided on this Website.

AJE, its employees, officers, and agents make no representations as to the accuracy, completeness, currency, or suitability of the information provided by this website, and deny any expressed or implied warranties, guarantees, or representations of any kind as to the information contained in this website.

If You have a dispute with one or more users, You agree, by using this Website, to release AJE (including its parent, affiliates, employees, officers, and agents) from claims, demands and damages (actual and 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. Security Notice:

AJE’s Security Notice is incorporated by reference herein and can be found at http://www.americasjobexchange.com/security-notice.

18. 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 "The Legal Department" at customercare@americasjobexchange.com.