These
Preferred Jobs Inc. PreferredAds Terms of Service comprise a legal
agreement between You and Preferred Jobs Inc. Corporation and
governs Your use of Preferred Jobs Inc. PreferredAds. BY SUBSCRIBING
TO A PreferredAds SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THESE
TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME
TO TIME. If you do not agree to these Terms of Service and the
Additional Terms do not subscribe to or use the PreferredAds services.
PreferredAds
is made up of Web sites and Web pages operated by Preferred Jobs
and its affiliates and of various products and services
which are provided by Preferred Jobs Inc., its affiliates or
third party service providers. These Web sites, Web pages, products
and services will be collectively referred to in this Agreement
as "PreferredAds" or the "PreferredAds System." "You" means You, Your
company, Your employees, and anyone who has access to use Your
PreferredAds; account. You must be at least eighteen (18) years of
age to subscribe to and use any PreferredAds service or product.
The
general provisions in Part I of these Terms of Service apply to
the PreferredAds System and to all of the products and services provided
through the PreferredAds System. The provisions in Part II of these
Terms of Service are additional provisions that apply to the particular
PreferredAds product(s) or service(s) described in each section of
Part II. Each applicable PreferredAds Web site, product or service
may have other posted guidelines or rules (the "Additional Terms").
All such Additional Terms are incorporated by reference into these
Terms of Service.
The
PreferredAds System is offered to You on the condition that You accept
these Terms of Service and the Additional Terms without modification.
You agree to familiarize Yourself with, and to regularly review,
the Terms of Service, the Additional Terms, and other terms and
guidelines found throughout the PreferredAds System and abide by them
if You choose to use the sites, or accept the products, services
or benefits, to which such terms apply. Preferred Jobs Inc. reserves
the right to change any of the Terms of Service and any Additional
Terms at anytime without notice. If You continue to use the PreferredAds
System after any such changes, Your continued use will constitute
Your consent to such changes. Preferred Jobs Inc. does not and
will not assume any obligation to notify You of any changes to
the Terms of Service or Additional Terms.
Any
rights not expressly granted herein are reserved by Preferred Jobs
. In addition Your registration information and other information
about You is subject to our Privacy Statement located at http://www.PreferredJobs.com/privacy.asp
If
You do not have print capability or otherwise desire to obtain
a hard copy of these Terms of Service, please visit the PreferredAds
customer service Web site and send an email requesting a hard
copy. You may also click on the link to "Terms of Service" or
"Terms of Use" at the bottom of each page of the PreferredAds System
for copy of these Terms of Service, which may be printed and saved
through the printing and saving capability of your browser and
printer.
YOUR
WARRANTIES
By subscribing to any service offered on the PreferredAds site, You
make the following representations and warranties. Preferred Jobs
shall have the right to terminate your PreferredAds account,
without notice at any time, if any representation warranty made
by You proves to be untrue in any respect.
You
represent and warrant that:
- You
and all users of the PreferredAds System approved by you are at
least eighteen (18) years of age;
- You
have the legal capacity and authority to; (a) enter into binding
contracts for the sale and purchase of goods and services, (b)
be bound by these Terms of Service and the Additional Terms,
(c) to subscribe to and use the PreferredAds service, including,
where applicable, the buying, selling and listing of items,
in accordance with these Terms of Service and any Additional
Terms and (d) if you are acting in a corporate capacity, to
bind Your company;v
- You
will not use the PreferredAds System for any purpose that is unlawful,
or prohibited by these Terms of Service or the Additional Terms
(as may be modified from time to time); All information supplied
by You or by others using Your account is true and accurate,
including information submitted as part of the registration
and subscription process;
- Any
products or services advertised, sold or otherwise distributed
by You on or in connection with Your Web Site are legal for
sale or distribution; that you have all licenses necessary to
sell or advertise the goods or services offered for sale or
distribution and that all sales and advertisements will be in
compliance with applicable law; and
- You
have and control all of the intellectual property, proprietary
and similar rights necessary for all material located on Your
Web Site, all submissions, and all products and services sold
or otherwise distributed by You or on Your behalf via Your Web
Site.
By
using the PreferredAds System, You agree that You will defend and
indemnify Preferred Jobs Inc. and its suppliers from any third
party claim related to a breach of any of the foregoing warranties.
LIMITATIONS
ON YOUR USE OF THE PreferredAds System
The PreferredAds System is provided to assist You with the operation
of Your business. Your right to use the PreferredAds System is limited
to You, and Your company and its employees. You are solely responsible
for Your content and Your Web site and your PreferredAds account.
Preferred Jobs Inc. reserves the right, but is not obligated,
to monitor or to review materials posted on Your Web site and
to monitor your compliance with these Terms of Service and the
Additional Terms. Preferred Jobs Inc. reserves the right in its
sole discretion to edit, refuse to post or remove any information
or materials which violate these Terms of Service or the Additional
Terms in whole or in part, without notice at any time.
You
may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products, services or benefits
obtained from the PreferredAds System, except as expressly provided
herein.
You
may not use a name in connection with operating Your PreferredAds
Web site that is confusing or misleading to participants, or otherwise
impersonate or deceive participants with respect to Your identity.
You
may not restrict or inhibit any other user from using and enjoying
such user's rights in PreferredAds.
You
may not interfere with or disrupt the PreferredAds System or servers
or any network connected to PreferredAds.
You
may not use the PreferredAds System or the products or services provided
through or in connection with the PreferredAds System to:
- rent,
lease, license, grant a security interest in, or otherwise transfer
or sublicense Your rights hereunder to any third party;
- defame,
libel, slander, impersonate, abuse, harass, threaten, invade
the privacy of or otherwise violate or infringe the legal rights
(including the rights of privacy and publicity) of any other
person;
- conduct,
promote or forward illegal contests, pyramid schemes, chain
letters, unsolicited or unauthorized advertising, promotional
materials, unsolicited e-mail ( including "spamming") or multi-level
or illegal marketing campaigns;
- harm
minors in any way;
- publish,
post, distribute, disseminate, advertise or link to any: (i)
content, site, topic, name, material or information which is
defamatory, libelous, slanderous, or infringing; (ii) software,
content or other material protected by intellectual property
laws, copyright licenses, rights of privacy or publicity, or
other proprietary rights, unless You own, or control such rights
or have received all necessary consents for Your publication,
distribution, or linking of such software and other materials;
(iii) software, content or other material that contains viruses,
worms, corrupted files, cracks or that may or are intended to
damage the operation of or render inoperable another's computer,
hardware, software, security measures or system or other programs
written to defeat the security measures of any computer, system
or programs; (iv) software, content, other material or Web site
that constitutes "hate speech", whether directed at an individual
or a group, and whether based upon the race, sex, creed, national
origin, religious affiliation, sexual orientation or language
of such individual or group;
- sell,
offer to sell, distribute, promote, facilitate, disseminate
or link to any sites for marketing, sales, promotion, facilitation
or distribution of: firearms; explosives; ammunition; liquor;
tobacco products; illegal gambling (including gambling in connection
with sporting events); food that is not packaged or does not
comply with all applicable laws for sale to consumers by commercial
merchants; illicit drugs, pharmaceuticals and controlled substances;
counterfeit, pirated or stolen goods; any goods or services
that infringe or otherwise violate a third party's rights including
copyright, patent, trademark, or rights of publicity or privacy;
goods that are considered indecent; Nazi memorabilia; registered
or unregistered securities; goods or services that You cannot
legally sell; goods which are misrepresented or which do not
in fact exist; fraudulent goods; goods or activities that if
sold via any PreferredAds services or Your Web site would cause
Preferred Jobs Inc. to violate any law, statute or regulation;
or any other illegal activity;
- harvest
or otherwise collect information about third parties, including
e-mail addresses, without the express consent of such third
parties;
- violate
any applicable government laws or regulations.
You
may not reproduce or redistribute any Software, as that term is
defined in the Section entitled "Software Available on the PreferredAds
System." You may not copy or reproduce the Software to any other
server or location for further reproduction or redistribution.
You may not decompile, disassemble, reverse engineer or otherwise
attempt to discover any trade secret contained in the PreferredAds
System, or in any product, service or Software provided through
the PreferredAds System.
The
information provided by Preferred Jobs Inc. to You may be proprietary
in nature. You agree not to share any information provided to
You by or on behalf of Preferred Jobs Inc. with any third party.
FEES
Some products and services available through or in connection
with PreferredAds require that You purchase a subscription or otherwise
pay a fee. You hereby authorize Preferred Jobs Inc. to charge
Your credit card in advance for all applicable fees incurred by
You or on Your behalf in connection with Your use of the PreferredAds
product or service You have chosen to use. You are solely responsible
for all charges, fees, duties, taxes, and assessments arising
out of any use of Your PreferredAds account by you or anyone else
using your account. Preferred Jobs Inc. reserves the right to
modify the fees charged for PreferredAds products and services from
time to time, provided that such new fees shall not take effect
earlier than thirty (30) days after Preferred Jobs Inc. notifies
You via email or otherwise of such modified fees. Amounts not
paid by You to Preferred Jobs Inc. when due may bear interest
at the lesser of (a) one and one-half percent (1.5%) per month,
and (b) the maximum rate permitted by applicable law.
If
You notify Preferred Jobs Inc. in writing that You are canceling
one or more PreferredAds services or products, fees pre-paid by You
to Preferred Jobs Inc. for PreferredAds products or services will
be credited back to Your applicable credit card. Preferred Jobs
is not required to refund directly to You any amounts
paid hereunder. It is Your responsibility to notify PreferredAds if
Your credit card has changed or has expired and to make appropriate
changes or Your service may be disconnected or interrupted.
In
the event that Preferred Jobs Inc. terminates Your PreferredAds account
or one or more of Your PreferredAds services for violation of these
Terms of Service or the Additional Terms, You will not be entitled
to the return of any fees paid with respect to any such terminated
account service.
CANCELLATION
POLICY
You acknowledge that if You cancel any subscriptions to a PreferredAds
service that You may not be entitled to a refund of all or part
of amounts already paid by You for such PreferredAds subscription.
You agree that (a) PreferredAds's will be posted on the PreferredAds Web
site and may be changed from time to time by PreferredAds in its sole
discretion and (b) the cancellation policy posted at the time
you cancel your subscription shall govern the amount of the refund
(if any) due to you.
CHANGES
TO SERVICES, TERMINATION BY PreferredAds
Preferred Jobs Inc. may change any of the PreferredAds services at
any time and from time to time without notice, including terminating
the offering of any PreferredAds service altogether.
Preferred Jobs
may terminate Your account, Your access to PreferredAds or
any of Your PreferredAds services (in whole or in part) at any time,
with or without cause, and with or without notice. You may be
barred from accessing any of Your PreferredAds services or from using
the PreferredAds System or from receiving any products, services or
benefits from PreferredAds, if Preferred Jobs Inc. determines You
have violated these Terms of Service or any Additional Terms,
if You have failed to remit any applicable subscription fees when
due, if any representation or warranty made by You is untrue in
any respect or if Preferred Jobs Inc. receives a court order
or other legal action relating to Your account. In addition, if
You violate any of these Terms of Service, or any applicable Additional
Terms You will forfeit all in-kind credits and any other amounts
accruing to You (if any) in connection with the PreferredAds System
and there will be no refund of any fees prepaid by You. If You
subscribe to a PreferredAds service which is made up of two or more
individual services and You violate the Terms of Service applicable
to one of such individual services, (1) your use of the particular
individual service will be terminated, but the remaining services
will remain active and (2) there will be no refund (in whole or
in part) of Your annual fee for the PreferredAds service terminated.
You will be responsible for all fees incurred during Your subscription
and payment of such fees shall be due immediately upon termination
of Your subscription.
LINKS
TO THIRD PARTY SITES
Links within the PreferredAds System may let You leave the PreferredAds
System. You acknowledge that the linked sites are not under the
control of Preferred Jobs Inc. and that Preferred Jobs Inc.
is not responsible for the contents or operation of such linked
sites or any link contained in such linked site, any changes or
updates to such sites, or Web casting or any other form of transmission
received from any linked site. Preferred Jobs Inc. is providing
these links to You only as a convenience, and the inclusion of
any link does not imply endorsement by Preferred Jobs Inc. of
the linked site or any association with their operators.
LICENSE
YOU GRANT TO PreferredAds
Preferred Jobs Inc. does not claim ownership of the materials
You provide to Preferred Jobs Inc. (including feedback and suggestions)
or that You post, upload, input or submit in connection with Your
use of PreferredAds or any Web site ("Your Web Site") created by You
or on Your behalf in connection with the use of PreferredAds (collectively
"Submissions"). However, You grant Preferred Jobs Inc. a royalty-free
license to use (including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate, sublicense and reformat Your Submission,
and to publish Your name in connection with Your Submission) Your
Submission only in connection with the operation and promotion
of PreferredAds. You also grant Preferred Jobs Inc. the right to
publish Your name in connection with any such use. No compensation
will be paid or due You with respect to Preferred Jobs Inc.'s
or its sublicensee's use of the materials as licensed above. Preferred Jobs
is under no obligation to post or use any materials You
may provide, and may remove such materials at any time in Preferred Jobs
sole discretion. By posting messages, uploading files
(including graphics), inputting data, submitting any feedback
or suggestions, or engaging in any other form of communication
with or through the PreferredAds System, You represent and warrant
that You own or otherwise control the rights necessary to do so
and to grant Preferred Jobs Inc. the license set forth above,
and You will defend and indemnify Preferred Jobs Inc. and its
suppliers from any third party claim related to a breach of any
of the foregoing representations or warranties.
You
grant Preferred Jobs Inc. permission to use screen shots of any
Web page that contains a link to PreferredAds or PreferredAds HTML code
(with respect to the PreferredAds Banner Network) in PreferredAds promotional
materials, and represent and warrant that You have sufficient
authority to grant the foregoing rights.
SOFTWARE
AVAILABLE ON THE PreferredAds System
Software (if any) that is made available to download from or otherwise
use through the PreferredAds System, excluding software that may be
made available by third parties via PreferredAds, ("Software") is
the copyrighted work of Preferred Jobs Inc. and/or its suppliers.
Your use of the Software is governed by these Terms of Service,
and the applicable Additional Terms, and the terms of the end
user license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). To the extent that the
License Agreement conflicts with the Terms of Service or Additional
Terms, the terms of the License Agreement shall govern Your use
of the Software. You may not install or use any Software that
is accompanied by or includes a License Agreement unless You first
agree to the License Agreement. For any Software not accompanied
by a license agreement, Preferred Jobs Inc. Corporation hereby
grants to You, the user, a personal, non-exclusive, non-transferable
license to use the Software for viewing and otherwise using the
particular PreferredAds Web Site or PreferredAds service in accordance
with the License Agreement, the Terms of Service and Additional
Terms and for no other purpose. In addition, You shall keep intact
all and may not alter any copyright and other proprietary notices
contained in such Software. All Software is owned by Preferred Jobs
and/or its suppliers, and is protected to the maximum
extent permitted by copyright laws and international treaty provisions.
Any reproduction or redistribution of the Software is expressly
prohibited, and may result in severe civil and criminal penalties.
Persons violating the foregoing, or who otherwise misappropriate
any intellectual property or proprietary rights related to the
Software may be prosecuted to the maximum extent possible. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED
IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software,
and any accompanying documentation and/or technical information,
is subject to applicable export control laws and regulations of
the USA. You agree not to export or re-export the Software, directly
or indirectly, to any countries that are subject to USA export
restrictions. All software downloaded or otherwise obtained by
the U.S. Government pursuant to solicitations issued on or after
December 1, 1995 is provided with the commercial license rights
and restrictions described elsewhere herein. All Software provided
to the U.S. Government pursuant to solicitations issued prior
to December 1, 1995 is provided with RESTRICTED RIGHTS as provided
for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013
(OCT 1988), as applicable.
LIMITATIONS
OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material
included in or available through the PreferredAds System may not be
complete, and may include inaccuracies or errors, and may also
be modified, discontinued or deleted from time to time without
notice. Advice, information, products, services or other materials
received via the PreferredAds System should not be relied upon for
personal, medical, legal, business, financial or other decisions
and is not intended to replace the advice of appropriate and qualified
professionals. You acknowledge that You should consult an appropriate
professional for specific advice tailored to Your situation.
Your
access to and use of the PreferredAds System, and products and services
of PreferredAds, is at Your own risk. Preferred Jobs Inc. makes no
guarantees of any kind regarding the dependability, accuracy,
security, timeliness or availability of the PreferredAds System, or
such products or services. Without limiting the foregoing, NEITHER
Preferred Jobs Inc. NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS
OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY,
COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN PreferredAds
FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Preferred Jobs Inc. AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN
NO EVENT SHALL Preferred Jobs Inc. OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION:
- DAMAGES
FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
PreferredAds OR RELATED SERVICES, OR
- WITH
THE DELAY OR INABILITY TO USE PreferredAds OR RELATED SERVICES;
- THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
PreferredAds; OR
- OTHERWISE
ARISING OUT OF THE USE OF PreferredAds, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Preferred Jobs
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF PreferredAds, OR WITH ANY OF THESE
TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE PreferredAds System AND ITS RELATED
SERVICES AND PRODUCTS.
Without
limiting the foregoing, Preferred Jobs Inc. is not responsible
for any of Your data residing on Preferred Jobs Inc. and PreferredAds
System hardware or systems, including such hardware or systems
provided to Preferred Jobs Inc. by third parties. You are responsible
for maintaining and backing-up Your data and information that
may reside on the Preferred Jobs Inc. or PreferredAds hardware or
systems, including such hardware or systems provided to Preferred Jobs
by third parties, whether or not such information is produced
through the use of PreferredAds, including any information regarding
the operation or use of Your Web site, catalogs, lists, order
records, and other information You are providing or using in connection
with Your use of the PreferredAds System. It is Your responsibility
to take the necessary steps to ensure Your primary means of business
is maintained. Preferred Jobs Inc. will not be liable for any
damage, loss or disclosure of data, accounts, revenue or business
arising out of or otherwise related to: (a) Your use of the PreferredAds
System, its services or products; (b) Your customers' use of Your
Web site hosted by or created through PreferredAds and Your products
and services; (c) use of the PreferredAds System by any other party
to whom You have given access to Your company information for
use of the PreferredAds System; (d) errors, bugs or other defects
in the PreferredAds System; (e) lost company, customer or vendor information
(e.g., billing information, credit card numbers, lost orders,
etc.); (f) illegal or criminal activities, including but not limited
to reliance on any information obtained on the PreferredAds Web Hosting
service; or (g) or that result from mistakes, omissions, interruptions,
deletion of files or e-mail, loss of or damage to data, errors,
defects, viruses, delays in operation, or transmission, or any
failure of performance, whether or not limited to acts of God,
communications failure, theft, destruction or unauthorized access
to Preferred Jobs Inc.'s records, programs or services. You are
solely responsible for maintaining and backing-up any information
regarding the operation or use of Your Web site, catalogs, lists,
order records, and other information You are providing or using
in connection with Your use of the PreferredAds System.
Preferred Jobs
is not liable for Your actions with Your customers or
vendors, or the use of their information, or for any other actions
arising from Your use, or the use of other parties to whom You
have given access to Your PreferredAds information, through the use
of the PreferredAds System.
Preferred Jobs
is not involved in any transaction between You and Your
buyer or seller or other third parties with whom you may have
transactions through Your Web site or between You and any user
of any products or services offered or provided by You or by a
third party through the PreferredAds System. Preferred Jobs Inc.
is not responsible for screening, censoring or otherwise controlling
Your Web Site, or any listings or transactions offered or conducted
via Your Web Site. You are deemed to have a direct commercial
relationship with each third party that purchases goods or services
from or undertakes any other transaction with You via Your Web
site or through PreferredAds. Preferred Jobs Inc. is not acting as
Your or any third party's agent in connection with the operation
of PreferredAds. You are solely responsible for: (a) processing customer
orders or other transactions; (b) verifying the validity of incoming
customer orders before finalizing the order; (c) informing customers
of the status of such orders or transactions; (d) providing all
customer support related to such orders or transactions (e.g.,
lost orders, billing disputes, payments, etc.); and, (e) determining,
collecting and remitting to the appropriate authority all taxes
(if any) arising from or related to such orders or transactions.
Further, because Preferred Jobs Inc. is not involved in any orders
or other transactions between You and other users of PreferredAds
or other marketplace forums, Preferred Jobs Inc. cannot and will
not be involved in resolving any disputes relating to any completed
or uncompleted transactions or the purchase or sale of listed
goods or otherwise.
Unless
otherwise expressly stated in these Terms of Service, Your payments
for orders or transactions conducted via Your Web Site or on any
PreferredAds service will be paid to You directly from Your designated
acquiring bank, customers or other appropriate source ("payor").
Preferred Jobs Inc. is not responsible for such payment, and
will have no liability for any lost, disputed or fraudulent payment
or tenders of payment, or other disputes arising between You and
customers or payors. Preferred Jobs Inc. makes no guarantee about
the reliability or accuracy of these products or services, or
the results obtained from using PreferredAds.
INDEMNITY
You agree to defend, indemnify and hold Preferred Jobs Inc. and
its suppliers harmless from and against any and all claims, losses,
liability costs and expenses (including but not limited to attorneys'
fees) arising from Your violation of these Terms of Service (including,
without limitation, violation of applicable Additional Terms),
or any third-party's rights, (including, without limitation, infringement
of any copyright, violation of any proprietary right and invasion
of any privacy rights). These obligations will survive any termination
of Your relationship with Preferred Jobs Inc. or Your use of
PreferredAds.
ACCESS
RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
Preferred Jobs Inc. reserves the right to deny in its sole discretion
any user access to PreferredAds or any portion thereof without notice.
You
are responsible for safeguarding the confidentiality of Your account
information (including password(s) and user name(s) issued to
You) and for any use or misuse of Your account or the PreferredAds
System resulting from any third party using a password or user
name issued to You. You agree to notify Preferred Jobs Inc. immediately
of any known or suspected unauthorized access to or use of Your
account, Your password, the password of any individual user to
whom You have issued a login ID or any other breach of security
or misuse of the PreferredAds System known to or suspected by You.
You may change Your password at any time by following instructions
on the PreferredAds Web site.
You
hereby authorize Preferred Jobs Inc. to rely on any data, notice,
instruction or request furnished by You to Preferred Jobs Inc.,
or that Preferred Jobs Inc. reasonably believes to have been
furnished by You. You are solely responsible for maintaining the
confidentiality of Your account information and monitoring usage
of Your account. Preferred Jobs Inc. is not responsible for fraud
of participants or of other users of your account.
YOUR
CUSTOMER DATA
PreferredAds will only use your customer data in accordance with the
privacy policy.
GENERAL
These Terms of Service and the Additional Terms are governed by
the laws of the State of New Jersey, U.S.A. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts in King
County, Washington, U.S.A. in all disputes arising out of or relating
to the use of the PreferredAds Services or the PreferredAds System.
You
agree that no joint venture, partnership, employment, or agency
relationship exists between You and Preferred Jobs Inc. as a
result of these Terms or Service or use of PreferredAds.
Preferred Jobs
performance of this agreement is subject to existing
laws and legal process, and nothing contained in these Terms of
Service are in derogation of Preferred Jobs Inc.'s right to comply
with governmental, court and law enforcement requests or requirements
relating to Your use of the PreferredAds System or information provided
to or gathered by Preferred Jobs Inc. with respect to such use.
If
any part of these Terms of Service or the Additional Terms is
determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of these Terms of Service and the Additional
Terms shall continue in effect.
Unless
otherwise specified herein, these Terms of Service, the Additional
Terms and the Privacy Statement constitute the entire agreement
between the user and Preferred Jobs Inc. with respect to the
PreferredAds System and they supersede all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Preferred Jobs Inc. with respect to the
PreferredAds System.
A
printed version of these Terms of Service and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Service to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
The
example companies, organizations, products, people and events
depicted within PreferredAds are fictitious. No association with any
real company, organizations, product, person or event is intended
or should be inferred.
Preferred Jobs
is not obligated to monitor the content on Preferred Jobs. Preferred Jobs
reserves the right to disclose any information, content,
or materials as necessary to satisfy any applicable law, regulation,
legal process or government request or in accordance with Preferred Jobs
Inc Privacy Statement. Preferred Jobs Inc. reserves the
right to edit, refuse to post or to remove any information, content,
or materials, in whole or in part, from the Preferred Jobs Web sites,
in Preferred Jobs Inc.'s sole discretion, without notice at any
time.
Any
rights not expressly granted herein are reserved by Preferred Jobs
, including all legal and equitable remedies available
to Preferred Jobs Inc. or violation of any of these Terms of
Service.
COPYRIGHT
AND TRADEMARK NOTICES
All contents of the PreferredAds System are: Copyright (c) 1996 -
2001 Preferred Jobs Inc., Inc. and/or its suppliers, c/o Preferred Jobs Inc
, U.S.A. All rights reserved.
TRADEMARKS
PreferredAds is either a trademark or registered trademark of Preferred Jobs
Studios Corporation. The names of actual companies and products
mentioned herein may be the trademarks of their respective owners.
Any
rights not expressly granted herein are reserved by Preferred Jobs Inc.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent.