Site Terms of Use [revised
4.27.11]
This page
contains the Terms and Conditions (the "Agreement")
under which you may use the Web Site owned and operated by www.referwork-jobs.com
("REFERWORK™" or "Web Site" or the "Company" or
"Us"). As used herein, the terms "You", "Your" and "Site
User" refer to all individuals or entities accessing this
Web Site for any reason. By accessing, browsing and/or using
this Web Site You agree that you have read, understood and agree
to be bound by the Agreement each and every time You use the
Web Site, and which includes all forms of entry into Web
Site. If this is not acceptable or You are not in agreement with
this the only alternative is to refrain from using the Web Site.
Modifications The Company may modify, change, alter, append or update any
content, services, rules or operating procedures along with any
portion of this Agreement at any time without notice. Any such modification will be binding and effective immediately following posting of the revised Agreement on the REFERWORK™ web site at www.referwork-jobs.com. It is recommended
that Site User periodically review the site to remain current
with these modifications. Your continued use of Web Site following
any modifications will constitute binding acceptance of the modification.
Background The
Company provides informational services relating to all phases
of residential
and commercial construction, employment
and other projects and topics, including a resource for listing
resumes ("Resume Postings") and job openings("Job
Postings") and more (collectively the "Service").
The Web Site is operated by the Company within the State Of
Ohio, United States of America.
Payment & Fees Job
Postings and Renewals are made available on a 30 or 60 day
basis and You agree to make payment by check for the
run time chosen.
[see our Refund
Policy - all sales are final once postings are placed and no refunds
are
given]
and job posting will go live within a reasonable period of time following receipt
of check payment. If
arrangements are made through an agency or job posting service with whom You
authorize to
initiate job postings on Your behalf, You
agree
to
make
payments
through
the
agreed
upon
party.
Databased resumes may be viewed with
(1)
current
job
posting
which may take 24-48 hrs from start of live job posting (note: if You are posting
through
an agent or job posting service, you may only view
resumes by email request while including
Your full name, company name and address).
In
the
event
You
cancel
or choose to not have any job posting shown live after being posted,
We
may
comply
with
Your
request but only on the condition that You
agree that any such cancellation is at Your discretion and responsibility
and that
all
Terms and Conditions
are to
remain
in
effect with
no
refunds
or
credits
being
issued
as
a result with the full amount due.
In the event checks or funds are issued that
result in non-sufficient funds or that incur return fees, the terms and conditions
of this Agreement become cancelled and You will be subject to a $35 fee
due Company for any funds issued that result in non-sufficient funds or that
incur return fees which will survive termination of this Agreement.
Representations By
registering with the Company, You hereby represent and
warrant to Us that You are at least 18 years of age, can enter
into a binding legal agreement and the statements and information
You made in connection with such registration, or by way of update,
are in fact complete and accurate. You represent that You are
either the sole owner of such information being put forth or
are explicitly authorized to act from another company or organization
on their behalf.
You have no authority to make or accept any offers or representations
on behalf of REFERWORK™, or to obligate or bind in any
respect on behalf of REFERWORK™
Acceptable Site Use General
Use: Site User may not use Web Site in order to transmit, distribute,
store or destroy material in violation of any applicable
law, statue, ordinance or regulation or in a way or manner that
will infringe the copyright, trademark right, trade secrets
or any intellectual property rights of REFERWORK™ or any
third party. Site User may not post information on any
others behalf that
will violate the privacy, publicity, personal or proprietary
rights of others or that is political, defamatory, libelous,
abusive, lewd, pornographic, obscene, vulgar, threatening, harassing,
violent, hateful, racially, ethnically or otherwise objectionable.
Site User will not post, upload or promote "pyramid schemes" or "chain
letters" or "junk mail". Site User will not provide
or post information that is incomplete, false, misleading, inaccurate,
impersonating or not Your own.
All Job Postings,
Job Renewals and Resumes Postings must be made using the proper
case and using proper english spelling and grammer with the
relevant job contact placed outside of the job description.
You agree not to attempt to place multiple job openings under
a single Job Posting or Renewal.
Please note that we
do not handle the processing of resumes and are not involved
with the hiring process and this applies even if our logo appears
on an applicant page of another url address.
As such, You agree that all pertinent or otherwise important
information should be directed to
and
facts verified
with the hiring party.
Any third
party hiring agency or organization such as recruiters, employment
agencies, temporary agencies, staffing firms or headhunters
must identify themselves.
The Company at their sole discretion may suspend, cancel or
modify Your use of Web Site at any time for any reason.
Framing of the Web Site is not permitted, unless given express
written permission.
Security Rules: Site User is strictly prohibited from violating
or attempting to violate the security of the Company including
without limitation attempts to the following:
-access information
or data not intended for You, or not assigned Your username
or password
-breach of any parties Site User
authentication
-promote violence or contain hate speech
-upload, post, submit or transmit any information or content
that contains viruses, trojan horses, worms, time bombs or mail
bombs, cancelbots or other similar harmful programming routines
or routines that may probe, scan, monitor, test vulnerability,
interrupt, destroy or limit the functionality or place an unreasonable
or disproportionately large load or overload on the network infrastructure.
Any such violation to security may result in civil or criminal
liability. The Company will cooperate with law enforcement authorities
in prosecuting such violations.
Usernames and Passwords Usernames
and Passwords are issued solely to the person, company or organization
requesting them. You agree to not share such
Username or Password to any other person or third party and are
responsible for such uses and also agree that only a single user
may be logged on at a time.You agree to notify us immediately if you encounter any problems accessing your control panel with your Username/Password.
In absolutely no event will REFERWORK™ be liable for unauthorized
use or misuse of Your Username and/or Password.
Submissions You
give REFERWORK™ the right to display, edit, modify or
create derivative works from any content or information you submit.
REFERWORK™ reserves the right to perform edit and/or remove
or delete in whole or in part any information or data submitted,
account information or material, at its sole discretion at any
time without explanation; whether Resume Postings, Job Postings,
contact
information, or any submissions of any sort or content. The Company
reserves the right to delete material submitted and to terminate
any account information at its sole discretion.
You agree that all submissions will be in the view of the general
public without recourse by You.
You are soley responsible for all content that you submit or
post to the Web Site. You acknowledge to submit only a top-level domain at registration, if you choose to submit one at all. Sites that are not live or are under construction, subdomains, shared or free sites and pages under the top-level domain hierarchy will not be accepted.
Communications You agree
to receive all communications from Us whether written, by telephone
or electronic form including letter, email, telephone and fascimile
transmission respectively. All communications will be in relation
to current and future services of the Company, which may originate from and relate services offered at the Company site located at www.referwork.com. All communications may also be made by Company representatives.
You agree
to provide Company with valid contact email addresses and telephone
numbers at time of registration and to update as they
change. Same applies to any fascimile numbers if choosen
though is not required. The Company
may check at its sole discretion by various method(s) the
information submitted from You. This may include, though
is not limited to, information provided by credit bureau(s),
confirmation by URL address, and contacts by telephone and by
email.
Privacy
Policy
While You visit the Web Site the Company
may monitor traffic, statistics and collect and gather
information. This is intended to better gauge Site
User interests,
to streamline the experience, to balance the server load and to achieve a more
efficient management of the Web Site too make it more useful.
Certain
third
parties may be placing and reading cookies on Your
browser, or using web beacons for collecting
information in the course of ads being served on
this Site.
To manage or disable cookies with Internet
Explorer 6 go to: Tools > Internet
Options > Privacy
tab
In
order to
manage or disable cookies on another browser, see
your browser options or the browsers' website for more
information.
Google, as a third party vendor, uses cookies to serve ads on your site.
Google's use of the DART cookie enables it to serve ads to your users
based on their visit to your sites and other sites on the Internet.
Users may opt out of the use of the DART cookie by visiting Google
ad and content network privacy policy
|
Interpretation of Relationship Nothing contained herein or as a result of Your use of the Web
Site shall be interpreted as creating any form of partnership,
venture, joint enterprise, agency, employment or franchise relationship
between You and the Company.
The Company and You shall act as independent contractors and
shall have no authority to obligate or bind the other in any
respect.
Headings, Severability Headings used in this Agreement are for convenience only and
have no effect on the meaning or construction of the Agreement.
If any term or condition of this Agreement is held invalid or
unenforceable for any reason, the remainder of the Agreement
continues in full force and effect.
Trademarks, Copyright and Intellectual Property REFERWORK™ is
a federally registered trademark owned by this content provider.
Other trademarks are the property of their
respective owners. Content and collective makeup of the site
is the legal property of this content provider and any unauthorized
use of any content in any way is prohibited unless given express
written permission by the Company. In the event express written
permission is granted by the Company, You agree to promptly remove
from wherever placed, all content, tradenames, trademarks, logos,
text of any kind, links, graphics, and computer code upon request
of the Company.
You shall
not include any registered trademark in your domain name and
may not adopt
any names, trademarks, service marks or
domain names that are confusingly similiar to REFERWORK™ .
You may not purchase or bid for placement on trademarked company
or Web Site names or any variations or deliberate misspellings
thereof within any search engine, search facility or directory
type arrangement. You acknowledge that all rights to the registered
mark and content are the exclusive property of this content provider
and that all goodwill generated through the use of the registered
mark will inure to the benefit of the Company, its successors
and
assigns. You agree that you gain no title or interest whatsoever,
either directly or indirectly, in any trademark or intellectual
property rights as a result of Your use the Web Site.
Additionally
you may not copy or modify in any way, any icons, buttons,
banners graphic files or content that is made available
to You through Your use of the Web Site.
If you send
any creative ideas, concepts, suggestions, drawings, information,
or materials
(collectively the "Information")
to the Company in printed form, electronic means or otherwise,
the Information shall be deemed to be the property of REFERWORK™ and
shall not be subject to any obligations of confidence, non-disclosure,
or non-usage. REFERWORK™ is hereby entitled to unrestricted
usage of the Information on a worldwide basis without compensation
to the provider of the Information.
You grant to Us a non-exclusive license to utilize Your corporate,
service and trade names, domain name(s), company names and logos submitted to
Us. This license shall terminate upon the expiration of Your
use of the Site within a reasonable period of time.
No Resale and Assignability You agree
not resell, assign or transfer Your rights or obligations under
this Agreement or to make an unauthorized commercial use
of the Web Site without the prior written consent of the Company.
We reserve the right to assign or transfer this Agreement or
any right or obligation under this Agreement automatically without
Your consent, in the event of a merger or aquisition.
You may not to reproduce, copy, duplicate, sell, disseminate,
or exploit any portion of the Web Site or Services, or any means
of access to Web Site or Services.
Links
to Other Sites Third party links are contained on the Web Site. As these links
are provided as a matter of convenience, the Company does not
endorse, sponsor, guarantee, make warranties or representations
whatsoever either expressed or implied, and is not responsible
for the content and accuracy on such third or other party Web
Sites that are arrived at via hyperlink or by other means.
Idemnity You
agree to defend, idemnify and hold harmless the Company, its
employees,
agents, and information providers from and against
any and all liability, claims, losses, damages, injuries and
expenses, including without limitation reasonable attorney and
accounting fees, arising out of, or in connection with, Your
use or any use or alleged use of the Web Siite or any matter
related to this Agreement, and the content it incorporates.
General You agree and acknowledge that the Services of the Company occur
in Lebanon, Ohio, the principal place of business. This Agreement
constitutes the entire Agreement between the parties with respect
to the subject matter, and supercedes all previous written or
oral agreements between the parties with respect to such subject
matter.
Disclaimer of Warranties; Limitation of Liability ALL COMPANY SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND
ARE PROVIDED ON AN 'AS IS' and 'AS AVAILABLE' BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR EXPECTATIONS OF PRIVACY.
THE COMPANY
OFFERS NO ASSURANCES OR GUARANTEES THAT RESUME POSTINGS OR
JOB POSTINGS WILL RESULT IN POSITIONS BEING FILLED AS A RESULT
OF OUR EFFORTS. ADDITIONALLY YOU ACKNOWLEDGE AND AGREE THAT
THE COMPANY IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS MADE
REGARDLESS OF REASON OR BY WHOM.
THE COMPANY
DOES NOT MAKE ANY REPRESENTATIONS AS TO THE TRUTHFULNESS, ACCURACY,
COMPLETENESS OR RELIABILITY OF INFORMATION REGARDLESS
OF TYPE OR SOURCE. YOU EXPRESSLY AGREE NOT TO RELY EXCUSIVELY
ON THE INFORMATION PROVIDED BY THE COMPANY, REGARDLESS OF PURPOSE
OR REASON, AND WILL HOLD THE COMPANY HARMLESS FOR ANY DAMAGES
INCURRED.
THE COMPANY
ASSUMES NO RESPONSIBILITY FOR LOSSES DUE TO ERRORS OR OMMISSIONS,
DOWNTIME, OR ANY LOSSES WHATSOEVER EVEN IF ADVISED
OR GIVEN PRIOR NOTICE OF SUCH LOSS.
SITE USERS ARE ENCOURAGED TO USE CAUTION WHEN ACCESSING AND
USING THE SITE. YOU EXPRESSLY AGREE TO USE THE SITE SOLELY AT
YOUR OWN RISK AND ASSUME ANY AND ALL RESPONSIBILITY AS A RESULT
OF DOING SO. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY INFORMATION OR POSTINGS YOU MAKE TO THE WEB SITE AS WELL
AS FOR ANY LOSS, LIABILITY, DAMAGE OR COSTS YOU MAY SUFFER AS
RESULT OF YOU USE OF THE WEB SITE.
THE COMPANY DOES NOT SCREEN OR ENDORSE AND WILL NOT BE HELD
LIABLE FOR THE VALIDITY, TRUTHFULNESS OR ACCURACY OF INFORMATION
POSTED BY POTENTIAL EMPLOYERS OR POTENTIAL JOB CANDIDATES OR
OTHERS.
THE COMPANY
DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERRUPTED OR
ERROR FREE. SITE USERS UNDERSTAND THAT INACCURACIES, TYPOGRAPHICAL
ERRORS AND OMMISSIONS ARE LIKELY TO OCCUR THROUGHOUT THE SITE
FOR WHICH THE COMPANY IS NOT HELD LIABLE. ALSO, THE COMPANY WILL
NOT BE HELD LIABLE FOR ANY COST OR DAMAGE ARISNG IN CONNECTION
WITH OR RELATIONSHIP TO THE USE OF THE SITE OR ANY THIRD PARTY
SITE, WHETHER CAUSED DIRECTLY OR INDIRECTLY. THIS INCLUDES ANY
LOSS OF DATA, LOSS OF PROFITS, LOSS DUE TO DAMAGE AND RELATED
COSTS TO REPLACE OR REPAIR COMPUTER AND EQUIPMENT SYSTEMS, SUCH
AS FROM VIRUS OR SIMILAR CONTAMINATION OR DESCRUCTIVE FEATURES
OR FROM DOWNTIME.
Some states do not allow exclusion of implied warranties, or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such states, the liability of the Company, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.