PLEASE READ THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT (“AGREEMENT”) CAREFULLY. BY INDICATING YOUR ACCEPTANCE TO THESE TERMS, YOU HAVE ENTERED INTO A LEGALLY BINDING CONTRACT WITH JOB.TRAVEL™, LLC (“JOB.TRAVEL” “WE” OR “US”) FOR THE FULL SUBSCRIPTION TERM.
1. Definitions.
“Effective Date” means the first day on which you have both checked “I agree”, agreeing to be bound by the terms and conditions hereof and paid the Subscription Fee (as defined herein).
“Employers” mean those employers who are seeking to hire employees and are bound by and in compliance with the Company’s Terms and Conditions as posted at www.job.travel.
“Location” means the specific physical address which, during your registration for this Subscription, you indicated to be seeking to fill employment positions.
“Job Seekers” mean persons who are sixteen years of age or older, are seeking job information and/or employment, and use the Site to find job information and/or employment.
“Database” means that portion of the Site’s database which allows you to post jobs for the Location and search Job Seeker profiles in the Search Area.
“Search Area” means a seventy five (75) mile radius surrounding such Location.
The “Site” means http://www.job.travel.
2. General.
The Site serves as a passive medium for Job Seekers and Employers to search and post employment opportunities. Job.travel™ offers Employers a subscription to the Database which allows the Employer to post jobs for the Location in the Database and to search Job Seeker profiles in the Database. Whether actual resumes in the Database are available to you will be the decision of the applicable Job Seeker.
3. Subscription.
During the Term of this Agreement, job.travel™ hereby grants you a limited, personal, non-transferable, terminable, non-exclusive right to post jobs for the Location in the Database, access Job Seeker profiles in the Database for the sole purpose of viewing Job Seeker profiles for employment consideration, contact Job Seekers in the Database via the Site regarding jobs you have posted for the Location, and/or request Job Seeker resumes in the Database, if permitted by the applicable Job Seeker (“Subscription”). You may only contact a Job Seeker via the Site once for each position you have posted.
4. Subscription Fee.
You agree to pay a Subscription fee of Ninety Nine Dollars ($99.00) for each Location you subscribe for during the Term (“Subscription Fee”). You will not be able to access the Database until you have paid the Subscription Fee in full. The Subscription Fee is non-refundable.
5. Employer Responsibilities.
(a) You will be asked to create a unique password which you can use to access the Database. Only you and authorized representatives of your company may use your Subscription and password. You will not allow third parties to access, use, or post jobs to the Database through use of your password or Subscription and you will not disclose your password to any third party.
(b) Your Subscription is subject to the job.travel™ Terms and Conditions of Use and the job.travel™ Privacy Policy (collectively the “job.travel™ Agreements”). You are prohibited from using the Site or the Database in any way which would violate any law or regulation, mislead any user, or is inconsistent with this Agreement or the job.travel™ Agreements.
(c) Your Subscription allows you to access the Database for the sole purpose of searching for candidates for employment in the Search Area and posting job opportunities for the Location. You may not use the Database or our Site to promote or sell any products or services. You are prohibited from contacting a Job Seeker for any reason other than to discern their interest in a specific job you have posted and you are prohibited from contacting a Job Seeker more than one time for any job you have posted.
6. Term.
(a) Your Subscription shall terminate upon the expiration of the Term, unless terminated earlier as provided herein.
(b) Your Subscription may be terminated by us prior to the expiration of the Term at any time if you violate any of the terms of this Agreement, any of the terms of any job.travel™ Agreement, or if we have reason to believe, in our sole discretion, that you are using or intend to use the Database for any unlawful, unauthorized or improper purpose.
(c) You may cancel your Subscription at anytime prior to the expiration of the Term; however, we will not offer pro rata refunds for cancellation prior to the end of the Term.
(d) If the Effective Date of this Agreement is on or prior to December 31, 2008, you will have the option, upon expiration of the Term (unless your subscription is terminated earlier as provided herein), to enter into one new one year subscription agreement at the price of Ninety Nine dollars ($99.00).
7. Confidentiality.
You will not use or disclose any pricing information relating to use of the Database or our Subscription or this Agreement.
8. Amendments.
We reserve the right to modify or amend this Agreement in our sole discretion, at any time, by posting a revised version of this Agreement on the Site or by otherwise making such revised Agreement available to you for review. Your continued use of the Database after posting or availability of such modified or amended Agreement constitutes your acceptance of the modified or amended Agreement.
9. Disclaimer of Warranties.
YOUR SUBSCRIPTION IS PROVIDED "AS IS". NEITHER JOB.TRAVEL™ OR ANY OF ITS AFFILIATES GIVES OR ASSUMES ANY WARRANTY, REPRESENTATION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE DATABASE OR USE OF YOUR SUBSCRIPTION. WE HEREBY EXPRESSLY EXCLUDE ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS TO THE FULL EXTENT PERMITTED BY LAW. JOB.TRAVEL™ MAKES NO WARRANTY THAT YOUR USE OF THE DATABASE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE NOR DOES JOB.TRAVEL™ WARRANT THAT ANY INFORMATION IN THE DATABASE IS COMPLETE OR ACCURATE.
10. Limitation of Liability.
EVEN IF JOB.TRAVEL™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH PENALTIES OR DAMAGES, IN NO EVENT WILL JOB.TRAVEL™ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY TO ACCESS THE DATABASE) ARISING IN CONNECTION WITH YOUR SUBSCRIPTION OR THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL JOB.TRAVEL™’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES OR PENALTIES OR LOSS TO YOU OR ANY THIRD PARTY (DIRECT OR OTHERWISE), REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED $200.
11. Indemnification.
You shall indemnify, hold harmless and defend job.travel™ and our affiliates (including our and their officers, directors, agents, employees, affiliates) from and against any and all loss, liability, and expense (including without limitation, reasonable attorneys’ fees) suffered or incurred by reason of any claims arising out of or related to this Agreement, your Subscription or use of the Database or any breach of the terms hereof in any manner. If job.travel™ shall determine in its sole discretion that it may be prejudiced by any such claim, you shall allow job.travel™ to participate in such action to the extent that job.travel™ may be prejudiced thereby.
12. Authority.
You represent and warrant that you have the full right and authority to enter into this Agreement on behalf of yourself and any company on whose behalf you are entering this Agreement.
13. Governing Law and Venue.
This Agreement is governed by Florida law without regard to its conflict of laws rules. The parties irrevocably submit to venue and personal jurisdiction in the federal and state courts in Broward County, Florida for any dispute arising out of or related to this Agreement.
14. Force Majeure.
Job.travel™ shall not be liable for failure or delay resulting from a condition beyond our reasonable control, including without limitation, acts of God, government, terrorism, natural disasters, labor conditions, power failures, failure of internet carrier lines.
15. No Waiver.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
16. No Assignment.
You may not assign this Agreement or any of your rights hereunder. Any such attempted assignment shall be void ab initio.
17. Entire Agreement.
This Agreement, in addition to our Privacy Policy and Terms and Conditions, constitute the entire agreement between you and us and governs your use of this Site and the Database.
18. Severability.
If any provision hereunder is found to be unenforceable, such provision shall be modified to the extent necessary to make such provision enforceable. The remaining provisions shall continue in full effect.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITIATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMANGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS UNDER THE HEADINGS “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU.