Introduction: Your use of BroadbandCareers®, hereinafter referred to as the Website, operated
by Broadband Media Communications, Inc., d.b.a. BroadbandCareers® and Broadband Careers Network, hereinafter
referred to as the Company, constitutes your agreement to the following terms,
conditions and notices. If you do not agree with the following terms, conditions
and notices, hereinafter referred to as "Terms and Conditions," do not use this
Website or service. By using this Website or service, you are specifically indicating
your acceptance of the Terms and Conditions and agreeing that they are binding
on you. Terms and Conditions may be revised at any time by posting on this site.
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Intellectual Property Rights: The contents of this Website, such as the "look" and "feel" of the Website, text, graphics, images, software, services, and other "Material"
and information on this Website are protected by United States and foreign copyright and trademark law and treaties and are available for informational
and non-commercial use only. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of the Company and protected by U.S. and international copyright laws.
You may not copy, transmit, reproduce, create, or use any derivative works from, transfer, or sell any content, text, graphics, images, software, services or other Material and information obtained from this Website without the express written permission of the Company.
The user shall not copy or adapt the HTML code that the Company uses to create or generate the pages on the Website. Any authorized copies of the Content must retain the original copyright, trademark, service mark or other proprietary notice that is contained in the original Material. All trademarks
and service marks are the property of the Company or their respective owners. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Unauthorized use may violate copyright, trademark or other laws.
Copyright Notice:
Copyright 1999-2008 Broadband Media Communications, Inc.
All rights reserved.
Trademark and Service Mark Notices: BroadbandCareers®, Connect.Succeed®, BroadSearch®, Recruitment Bandwidth, Career Bandwidth and Broadband Careers Network are registered trademarks or service marks of the Company. Other brand names used on the Website may be service marks or trademarks of their respective owners. Table of Contents
Advertising Fees: Advertising Fees are for advertising, posting of job openings and resumé database access and are due and payable
to the address below upon account activation and are non-refundable.
Broadband Media Communications, Inc.
P.O. Box 321610, Cocoa Beach, FL 32932
The following paragraph appears in 11 point, bold-red text under the signature line and on Page 1
of the Website invoice at the end of the Employer Registration process:
INVOICES ARE DUE & PAYABLE UPON ACCOUNT ACTIVATION OR RENEWAL.
Invoices not paid within 20 days of registration to the above
address will be considered Past Due. Broadband Careers Network
reserves the right to suspend or terminate service for Past Due
accounts without advance notice. Site Rules & Terms of Use
Advertising fees for Monthly Rate/Annual Contract accounts are charged monthly to a valid credit card for the term of the agreement. Credit card charges denied by the Company's processor are due and payable immediately upon notice to advertiser. Advertiser further agrees to pay all costs associated with recovering delinquent accounts including, but not limited to, attorney fees and reasonable legal costs.
Accounts may be cancelled without proration upon receipt from the registrant of a written or emailed notice thirty (30) days
prior to the effective date of cancellation. Table of Contents
User Accounts: User accounts are established according to the type of user and product level purchased, if any, and are the responsibility of the user.
Company reserves the right to update, modify or delete any user account information at its sole discretion.
Employer user accounts must be current and contain no less than two (2) current job postings (within 30 days) in order to access Website services.
Career Seeker user accounts must contain a bona fide resumé current to within 90 days in order to access Website services.
Company reserves the right to cancel and delete, without notice or refund, any user account that does not meet minimum requirements as provided herein.
User Content: All users of the Website agree to only post information and Material
that is related to the purposes of the Website. Do not post any Material
that is copyrighted or could constitute a trade secret or any other
right unless you own, or are licensed to use, said Material in this
manner. Do not attempt to delete or edit any information other than
your own. The Company reserves the right to remove, for any reason and
without notice or refund, any information provided by any company or
individual, including, but not limited to, company listings, job listings
and resumés. The Company also reserves the right to deny, without notice
or refund, and in its sole discretion, any company's or individual's
access to the Website or any portion thereof. The Company reserves
the right to reject, in its sole discretion, any listing not deemed
bona fide or in the best interests of the Website and the Company.
Online Responses:
The online response system of the Website is intended for bona fide
responses to employers' job listings only. Solicitation of business,
or any other use is prohibited. Table of Contents
Accepted Use: Listing, posting and advertising access to this Website is intended
exclusively for direct hiring companies and qualified third party contingent
or retained fee placement firms, as provided in Products & Rates. All
users will be provided an Account Number or Username
and a password for access purposes. Users are solely responsible for
maintaining the security of their access and agree to immediately notify
the Company upon their discovery of any unauthorized use.
Sharing of a User's Username or Account Number and Password is strictly prohibited and may result
in the immediate termination of the account without notice or refund.
In the event of such termination, Company will not be held liable for any loss or claim beyond the extent provided herein.
You are authorized to view and download a single copy of this Website for your personal
use. All copyright, trademark, service mark and any other proprietary notices
must be retained. Use of any Material in any other manner, including but not limited
to, on any other Website or any networked environment, for any purpose, is specifically
prohibited. You are prohibited from violating, or attempting to violate the security
of this Website in any manner. Attempting to do so may result in criminal, as
well as civil liability. Table of Contents
Membership Exclusions: Except as provided in Products & Rates, search and
placement firms, employment and outplacement agencies, temporary worker
agencies, consultants, and other third parties, including any third
party charging a fee or restricting complete access to all resumé information,
are expressly excluded from the Website. The Company reserves the right,
and without notice or refund, to deny access to, or delete the content
of, non-qualifying users, including, but not limited to, competing Internet
career sites or recruitment firms. Table of Contents
Resumé/Confidential Profile Posting & Distribution: The Company does not warrant or guarantee the confidentiality
of any Material posted on the Website. By submitting a resumé or Confidential Profile, hereinafter referred to as "resumés" and "resumé",
users understand and agree that their resumés and any or all Material
contained therein may be viewed by anyone with authorized access to
the Website. The Company does not warrant or guarantee that any specific
number of users shall view a resumé, or that any specific user will
view it. Furthermore, the Company does not warrant or guarantee the
accuracy of any Material posted by users. User acknowledges and agrees
that User is solely responsible for the form and content of any resumé
or Material contained therein placed by the User on the Website.
Users must be registered and have a current resumé (no greater than 30 days old) on file with the Website in order to apply for jobs and access certain Website features and services.
Maintenance of Confidentiality: User further accepts sole responsibility for the confidentiality, and maintenance thereof, of User's information including, but not limited to, User's identity, address and contact information, current employer, past employers and other potentially identifying information.
Resumé Broadcasting: BroadSearch® Resumé Broadcasting service (Service) is restricted to the submission and broadcast distribution of principal candidate resumés only; all other content, including but not limited to, vendor advertising is expressly prohibited. User agrees that they are the party represented in the resumé being submitted for distribution and further accept sole responsibility for the content contained therein. Company reserves the right to terminate any account for any reason, with or without cause or reason and without refund or notice. Company reserves the right to deny the Service to any User with or without reason or notice. As further set forth herein, Company makes no representation to the success of the Service, nor does Company guarantee any User success directly or indirectly. If you are not satisfied with the results from the Service, your only remedy is to remove yourself or company from receiving the Service, and you further agree that this service is non-refundable and that no refund, discount or credit is available to you at any time.
Absence of Filtering: User acknowledges and accepts that the Service does not filter out any company, affiliate or agent from receiving User's resumé and further accepts sole responsibility for any and all consequences arising out of the receipt by User's current employer, affiliate or agent of User's resumé. Table of Contents
Specific Prohibited Uses: Users are prohibited from violating or attempting to violate
the security of the Website, including, without limitation:
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site.
- Taking any action that imposes an unreasonable or disproportionately large load on this Website's infrastructure.
- Accessing the Website for the purposes of spidering or indexing the job content for use on another website without the express, written consent of the Company.
- Accessing data not intended for such user or logging into a server or account which the user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Website, overloading,
"flooding", "spamming", "mailbombing" or "crashing".
- Sending unsolicited email, including promotions and/or advertising of products or services to any users of the Website.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
- Framing of or linking to any of the materials or information available from the Website without the express written consent of the Company.
Violations of system or network security may result in civil or criminal liability. The Company will
investigate occurrences that may involve such violations and may report
to, and cooperate with, law enforcement authorities in prosecuting users
who are involved in such violations; using or attempting to use any
engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Website other than the search engine
and search agents available from the Company on this Website and other
than generally available third-party web browsers (e.g., Netscape Navigator,
Microsoft Explorer).
The Website may be used only for lawful purposes by individuals seeking employment and career information and BroadbandCareers member companies seeking to hire employees.
You must not, and by using this Website you agree not to, do the following things:
- Post or transmit any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation or any non-resumé information such as opinions or notices, commercial or otherwise.
YOU MAY NOT SPAM OUR MEMBER COMPANIES OR CANDIDATES WHOSE RESUMÈS APPEAR ON THE WEBSITE.
- Solicit member companies or users of the Website.
YOU MAY NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON BEHALF OF YOURSELF.
- Post job listings for anyone other than an authorized user of an authorized member company.
RECRUITERS AT A MEMBER COMPANY MAY NOT USE ALLOCATED JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS AT THE MEMBER COMPANY.
- Post Material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it.
- Post Material that reveals trade secrets, unless you own them or have the permission of the owner.
- Post Material that infringes on any other intellectual property rights of others or on the privacy
or publicity rights of others.
- Post Material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person
or entity.
- Post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes.
- Impersonate another person or entity.
- Post Material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that
are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
- Allow anyone other than yourself to use your Username (or Account Number) and Password for entry into the Website.
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General Legal Disclaimer: Use this Website at your own risk. By accessing
and using this Website, you are deemed to have agreed to all such Terms
and Conditions. The Company and/or its customers, suppliers, and advertisers
make no representations about the accuracy or suitability of any content,
text, graphics, services, or information contained on the Website for
any purpose. All such content, text, graphics, services, or information
are provided "as is" without express or implied warranties of any kind,
including, but not limited to, any warranties of accuracy or suitability
for any purpose. The Company and its customers, suppliers, and advertisers
hereby disclaim all warranties of any kind with respect to such content,
text, graphics, services, or information, including all warranties of
merchantability or fitness for a particular purpose.
The Company uses reasonable care in compiling and presenting the information found
on the Website. However, the accuracy of information provided by employers, career
seekers and other users is not within the control of the Company and, therefore,
the Company does not certify that it has verified any information in any resumé,
company listing, job listing, or other posting to the database or appearing elsewhere
on the Website. The Company does not warrant or guarantee that any specific number
of users shall view a resumé, company listing, or job listing, or that any specific
user will view it. Table of Contents
Mediation & Binding Arbitration: Claims that exceed the jurisdictional limit for Small Claims actions then in effect will be adjudicated as follows:
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules before resorting to arbitration, litigation, or some other dispute resolution procedure. In the event that an irreconcilable dispute arises between the parties concerning the enforcement or the interpretation of any provisions of this Agreement, such dispute shall be submitted to arbitration for resolution. Such arbitration shall be final and binding, and shall be conducted in Orange County, California, before an arbitrator selected from the Commercial Panel of the American Arbitration Association, and shall be conducted in accordance with the rules of the American Arbitration Association then in effect. Any award granted by the arbitrator shall be in accordance with and limited by this Agreement. The parties to the arbitration shall share the costs of the arbitration, although the parties agree that the arbitrator shall have the discretion to award costs and reasonable attorneys fees and costs to the prevailing party. Table of Contents
Limitation of Liability: In no event shall the Company, its customers,
suppliers or advertisers be liable for any direct, indirect, incidental,
special, punitive or consequential damages arising from the use or inability
to use the Website or the content, text, graphics, services, or information
contained herein, whether resulting from loss of use, negligence, tort,
strict liability or otherwise, even if the Company, its customers, suppliers,
and advertisers have been advised, knew of or should have known of the
possibility of such damages. In the event Website is held liable despite
the above clear disclaimer, total damages are limited to One Hundred
Dollars ($100.00) (U.S.).
If you are a California resident, you waive California Civil Code § 1542, which says:
"A general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release, which if
known by him must have Materially affected his settlement with the debtor." Table of Contents
Indemnity: You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website and Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Table of Contents
Termination: The Company reserves the right, at its sole discretion, to pursue all of its legal remedies including, but not limited to, deletion of your information from this Website and immediate termination of your registration without refund upon any breach by you of these Terms and Conditions, or if the Company is unable to verify or authenticate any information you submit to the Website. Table of Contents
General Notice:
The Website contains hyperlinks to websites operated by parties other
than the Company. The inclusion of hyperlinks to such websites does
not imply any endorsement of the Material on such websites or any association
with their operators. Such hyperlinks are provided as a courtesy and
for your reference only. The Company does not control such websites
and is not responsible for the contents or use of any site other than
it's own. Table of Contents
Jurisdiction:
This Agreement shall be construed according to, and the rights of the
parties shall be governed by, the law of the State of California. Venue
shall be in Orange County, California. User may not bring any claim,
suit or proceeding more than one (1) year after the date the cause of
action arose.
Entire Agreement:
This Agreement constitutes the entire agreement and understanding between
the parties with respect to the subject matter of this Agreement and
supersedes and replaces any and all prior written or verbal agreements.
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intentions of the
parties and the remainder of the provisions shall remain in full force
and effect. Company's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this
Agreement. This Agreement may not be assigned or transferred by User.
Any rights not expressly granted herein are reserved. Table of Contents
