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ConstructionJobs.com Terms and Conditions
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Introduction

This document contains the Terms and Conditions (these "Terms and Conditions" or this "Agreement") governing your use of the ConstructionJobs.com Website and its services. Please read this document carefully. Your use of the ConstructionJobs.com Website indicates your acceptance of all of the Terms and Conditions set forth herein. If you do not accept these Terms and Conditions, you are not permitted to use the ConstructionJobs.com Website.

ConstructionJobs.com may revise these Terms and Conditions at any time by updating this document. Any use of the ConstructionJobs.com Website or its services will be considered your acceptance of the then-current Terms and Conditions. If at any time you find these Terms and Conditions unacceptable, you should no longer use the ConstructionJobs.com Website.

The use of the ConstructionJobs.com Website and its services is a privilege. ConstructionJobs.com reserves the right to suspend that privilege on an individual basis for any reason at any time, in its sole discretion. Questions concerning the use of the ConstructionJobs.com Website and its services should be directed to the "Contact Us" page.

Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

  1. "ConstructionJobs.com Website" or the "Site" includes the ConstructionJobs.com Website in its entirety, as well as its related or affiliated sites.
  2. "Content" includes all Text, Graphics, Design or other software programming used on the ConstructionJobs.com Website.
  3. "Design" includes the color combinations and the page layout of the ConstructionJobs.com Website. "Document" refers to any posting to the ConstructionJobs.com Website, whether job or resume.
  4. "Graphics" includes all logos, buttons, and other graphical elements on the ConstructionJobs.com Website, with the exception of paid advertising banners.
  5. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (PHP Code, databases, etc.) used on the ConstructionJobs.com Website.
  6. "Text" includes all text on every page of the ConstructionJobs.com Website, whether editorial, navigational, or instructional.
  7. "User" refers to any individual who uses any aspect of the ConstructionJobs.com Website or its services.

Intellectual Property Rights

All Content on the Site is the sole property of ConstructionJobs.com, and is protected by U.S. copyright and international treaties. ConstructionJobs.com authorizes you to view and download a single copy of the material on the ConstructionJobs.com Website solely for your personal, non-commercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Internet web pages on ConstructionJobs.com. "Framing" or "mirroring" any part of the Site is prohibited.

The ConstructionJobs.com design logo and certain other names or logos are service marks or trademarks of Construction Jobs, Inc., and all related product and service names, design marks and slogans are the service marks or trademarks of Construction Jobs, Inc. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Construction Jobs's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

Acceptable Use of the Site

The ConstructionJobs.com Website and its services are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. The ConstructionJobs.com Website may be used only for lawful purposes within this stated context of ConstructionJobs.com's intended and acceptable use. ConstructionJobs.com is the sole interpreter of its intended and acceptable use.

As one of the conditions of your use of the ConstructionJobs.com Website, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the ConstructionJobs.com Website for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the ConstructionJobs.com Website complies with these Terms and Conditions. In particular, acceptance of these Terms and Conditions indicates agreement with and submission to the following rules for posting, conduct and security on ConstructionJobs.com.

Posting Rules

By your agreement to these Terms and Conditions, you agree that any and all postings placed on the ConstructionJobs.com bulletin board:

May not contain:

  1. E-mail addresses, URLs or links to websites (To advertise your company or website, you must contact our sales department);
  2. Copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
  3. Trade secrets (unless you own them or have the owner's permission to post them);
  4. Material that infringes on any other intellectual property rights, or on the privacy or publicity rights of others;
  5. Anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
  6. Anything that is embarrassing or offensive to another person or entity;
  7. No false, inaccurate or misleading information; and
  8. No advertisements or solicitations of business for positions not supported by ConstructionJobs.com (including, but not limited to, the adult entertainment industry, Multi-Level Marketing [MLM], Email

You may not use your Postings to:

  1. Impersonate another person, living or dead;
  2. Post false, inaccurate or misleading information;
  3. Post advertisements or solicitations of business (including, but not limited to, Multi-Level Marketing [MLM] positions, e-mail;
  4. Post chain letters or pyramid schemes; or
  5. Post opinions or notices, commercial or otherwise

Additional Posting Information:

  1. Your Posting must contain sufficient detail to convey clearly to the User, the nature and requirements of the job opportunity, or your qualifications as a candidate for employment.
  2. Postings must provide legitimate and verifiable information for all of the required fields in the posting forms.
  3. Postings must only include appropriate and specific content relative to each field in the posting forms.
  4. Postings that encourage the User to "e-mail for more details" are not permitted.
  5. Postings from any third party charging a fee or restricting complete access to all resume information are prohibited.
  6. Postings must be for individual, currently available openings for traditional, W-2 or 1099 employees.
  7. Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
  8. Any commercial employment business or resource that cross posts jobs or resumes to the ConstructionJobs.com Website, must acknowledge on their Internet home page that they do so and have a link to ConstructionJobs.com.
  9. ConstructionJobs.com does not accept bulk postings from 3rd party job aggregation services. Please contact our sales department to discuss your needs.
  10. ConstructionJobs.com is under no obligation to monitor the Postings on the Site but it may monitor postings at random. Postings found to violate the above "Posting Rules" may be edited or removed at ConstructionJobs.com's discretion. Users who violate these "Posting Rules" may be denied access to the Site at ConstructionJobs.com's discretion. ConstructionJobs.com is the sole interpreter of these "Posting Rules".
  11. No refunds are available. Billing may be based on number of users and/or offices. In the event a username or password is shared with a user not authorized by ConstructionJobs.com, ConstructionJobs.com may deactivate without issuing a refund.

Conduct Rules

The rules set forth below shall be followed when using the ConstructionJobs.com Website:

  1. You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors are prohibited.
  2. You may not send unsolicited commercial e-mail to ConstructionJobs.com Users.
  3. Protect your password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the ConstructionJobs.com Website, you risk losing your access to the service. You agree to notify ConstructionJobs.com immediately of any unauthorized use of your registration and password.
  4. Report inappropriate postings or conduct to Feedback.
  5. You may not delete or revise any material posted by any other person or entity.

ConstructionJobs.com is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. Users who violate these "Conduct Rules" may be denied access to the Site at ConstructionJobs.com's discretion. ConstructionJobs.com is the sole interpreter of these "Conduct Rules".

Security Rules

Users are prohibited from violating or attempting to violate the security of the ConstructionJobs.com Website, including, without limitation:

  1. Accessing data not intended for such user or logging into a server or account which the User is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or to breach security or authentication measures without proper authorization.
  3. Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail-bombing" or "crashing".
  4. Sending unsolicited e-mail, including promotions and/or advertising of products or services. Engaging in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to job seekers or subscribers. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

Violation of these Security Rules may result in civil or criminal liability. ConstructionJobs.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Disclaimers and Limitations on ConstructionJobs.com's Liability

ConstructionJobs.com assumes no responsibility for Documents posted by Users of the Site. By accepting these Terms and Conditions, you assume sole responsibility for the Documents you post on ConstructionJobs.com and for your conduct on or off the Site.

ConstructionJobs.com assumes no responsibility for the activities or conduct of Users. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, employment or recruiting practices, or otherwise.

ConstructionJobs.com makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You acknowledge that any reliance on Documents posted by Users of ConstructionJobs.com, or on any other form of communication with Users of ConstructionJobs.com, will be at your own risk.

ConstructionJobs.com makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

ConstructionJobs.com makes no representations or guarantees regarding the accuracy, reliability, completeness or timeliness of the Site or its Content. By accepting these Terms and Conditions, you agree to use the Site at your own risk. ConstructionJobs.com may change the Site at any time.

CONSTRUCTIONJOBS.COM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CONSTRUCTIONJOBS.COM IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THE CONSTRUCTIONJOBS.COM WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CONSTRUCTIONJOBS.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CONSTRUCTIONJOBS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

ConstructionJobs.com is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site or its Content in meeting the employment objectives of Users. ConstructionJobs.com does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, which are made by any User.

IN NO EVENT SHALL CONSTRUCTIONJOBS.COM OR ADVERTISERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE CONSTRUCTIONJOBS.COM WEBSITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONSTRUCTIONJOBS.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN CONSTRUCTIONJOBS.COM's MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00.

Links to Other Sites

ConstructionJobs.com contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by ConstructionJobs.com of the contents on such third-party websites. ConstructionJobs.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

Indemnity

You agree to defend, indemnify, and hold harmless ConstructionJobs.com, 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 Site, the Content, any Document posted by you, or your breach of these Terms and Conditions. ConstructionJobs.com 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.

User Information

ConstructionJobs.com may use the information it obtains relating to you, including your IP address, name, mailing address, e-mail address, corporate logo and use of the website, for its internal business and marketing purposes and may disclose the information to third parties for such purposes. In addition, ConstructionJobs.com reserves the right to comply, in its sole discretion, with legal requirements or requests relating to your use of the Site or its services or information you provide while using the Site or its services or which is provided to you or otherwise gathered by ConstructionJobs.com with respect to such use.

General

ConstructionJobs.com is based in Asheville, NC. The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access ConstructionJobs.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Asheville, NC. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire agreement between you and ConstructionJobs.com with respect to the use of the Site. You understand and agree that, due to the nature of these Terms and Conditions, in addition to money damages, ConstructionJobs.com will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

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