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All Washington Jobs INC. ("All Washington Jobs", "COMPANY,"
"WE," "US") PROVIDES THIS WEB SITE AND ALL
SITE-RELATED SERVICES, INCLUDING THE CONTENT AND CODE
RELATED THERETO (COLLECTIVELY, THE "SITE"), SUBJECT
TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET
FORTH BELOW. PLEASE READ THIS TERMS OF USE AGREEMENT
("AGREEMENT") CAREFULLY BEFORE USING THIS SITE. By
using the Site, you agree to be bound by these terms
and conditions. If you do not agree to these terms
and conditions, please do not use the Site.
This Agreement is made between the Company and you,
the Site visitor and/or registered user ("you"). We
reserve the right at any time to:
- Change the terms and conditions of this Agreement;
Change the Site, including eliminating or discontinuing
any content on or feature of the Site, restricting the
hours of availability or limiting the amount of use
permitted; or
- Change any fees or charges for use of the Site,
including instituting new or increased fees or charges
for the use of the Site or any other Site-related
services or any feature thereof.
Any changes we make will be effective immediately
upon notice, which we may provide by any means
including, without limitation, posting on the Site or
via electronic mail. Your use of the Site after such
notice will be deemed acceptance of such changes. Be
sure to review this Agreement periodically to ensure
familiarity with the most current version. Upon our
request, you agree to sign a non-electronic version
of this Agreement.
You must be at least 15 years of age to use the Site.
OWNERSHIP; PROPRIETARY NOTICES
©2002-2010 All Washington Jobs Inc. All Rights
Reserved.
The Site, including all pages within and all code
related thereto, is the property of All Washington Jobs
Inc. No portion of the materials or code on these pages
or anywhere on the Site may be reprinted or republished
(other than as is necessary to view the page on your
monitor) in any form without the express written
permission of the Company.
All Washington Jobs® is a registered service mark of the
Company. The following are trademarks and/or service
marks owned by the Company and registered in the United
States: All Washington Jobs™, and the All Washington Jobs logo.
All other trademarks and/or service marks used in this
Site are the trademarks and/or service marks of their
respective owners.
The Site is owned and operated by us in conjunction
with others pursuant to contractual arrangements.
Unauthorized use of the materials on the Site may
violate copyright, trademark, patent and other laws and
is prohibited. You acknowledge that you do not acquire
any ownership rights by using the Site.
WARRANTY INFORMATION; DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY
PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE
MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS"
WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, All Washington Jobs
INC. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS,
SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER ALL
OREGON JOBS INC., ITS SUBSIDIARIES, AFFILIATES,
SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE
OR THE SITE-RELATED SERVICES.
All Washington Jobs INC. AND ITS SUBSIDIARIES, AFFILIATES,
SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF
THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS
HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED
TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED
THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE, OR STATEMENT OF ALL OREGON
JOBS INC. OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS,
AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON
THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR
USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE
SITE ARE ENTIRELY AT YOUR OWN RISK.
You acknowledge that the Site could include
inaccuracies or errors, or materials that violate these
Terms of Use (specifically, the "Code of Conduct"
section). Additionally, you acknowledge that
unauthorized additions, deletions and alterations could
be made by third parties to the Site. Although the
Company attempts to ensure the integrity and the
accuracy of the Site, it makes no guarantees whatsoever
as to the Site's completeness or correctness. In the
event that such a situation arises, please contact us
with, if possible, a description of the material to be
checked and the location (URL) where such material can
be found on the Site, as well as information sufficient
to enable us to contact you. We will try to address
your concerns as soon as reasonably practicable. For
copyright infringement claims, see the section on
"Claims of Copyright Infringement".
The Site is only a venue allowing for the posting by
employers, recruiters and staffing agencies of
available job opportunities at their companies or
companies they represent (hereinafter referred to
collectively as "employers") and by candidates of their
own resumes. The Company does not evaluate or censor
the resumes, job listings or other information posted
to the Site. Moreover, the Company is not involved in
the actual transaction, if any, between potential
employers and candidates. Consequently, we have no
control over the quality, safety or legality of the job
listings or resumes posted to the Site, the truth or
accuracy of such job listings or resumes, the ability
of employers to hire candidates or the ability of
candidates to fill job openings.
Because user authentication on the Internet is
difficult, the Company cannot and does not confirm that
users are who they claim to be. Because we do not and
cannot be involved in user-to-user transactions or
control the behavior of the Site's users, in the event
that you have a dispute with one or more Site users,
you release All Washington Jobs Inc. (and its subsidiaries,
affiliates, agents and employees) from all claims,
demands and damages (actual and consequential, direct
and indirect) of any kind and nature, known and
unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to
such disputes. You acknowledge that there may be
certain risks, including but not limited to the risk of
physical harm and of dealing with strangers, underage
persons or people acting under false pretenses,
associated with pursuing relationships begun on the
Internet. You assume all risks related to dealing with
other users with whom you have had contact through the
Site.
You acknowledge and agree that you are solely
responsible for the form, content and accuracy of any
resume, job listing or other material you post to the
Site. The Company neither warrants nor guarantees that
a resume or job posting will be viewed by any specific
number of users, or that a resume or job listing will
be viewed by any user. All Washington Jobs offers no
refunds for any job posting(s), features or packages
purchased through the Site. We are not to be considered
as an employer with respect to your use of the Site and
we shall not be responsible for any employment
decisions made by any entity posting job listings or
resumes to the Site.
LIMITATION OF LIABILITY
NEITHER All Washington Jobs NOR ITS SUBSIDIARIES,
AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS
ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN
ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE
SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE
SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE
SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO
STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM
LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) SHALL BE
THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE
SITE.
ACKNOWLEDGMENT
This Site may contain links to other web sites operated
by third parties, other than affiliates of the Company
("Linked Sites"). We neither control nor endorse such
other web sites, nor have we reviewed or approved any
content that appears on the Linked Sites. You
acknowledge that when you click on a link to visit a
Linked Site, a frame may appear that contains the
Company logo, advertisements and/or other content
selected by the Company. You acknowledge that the
Company and its sponsors neither endorse nor are
affiliated with the Linked Sites and are not
responsible for any content that appears on the Linked
Sites. You also acknowledge that the owner of the
Linked Site neither endorses nor is affiliated with the
Company and its sponsors.
VOID WHERE PROHIBITED; INDEMNIFICATION
Although the Site is accessible worldwide, not all
products or services discussed, referenced or made
available on the Site are available to all persons or
in all geographic locations or jurisdictions. We make
no representation that materials in the Site are
appropriate or available for use in locations outside
the United States. Those who choose to access the Site
from other locations do so on their own initiative and
at their own risk and are responsible for compliance
with local laws if and to the extent local laws are
applicable. The Company reserves the right to limit the
availability of the Site and/or the provision of any
product or service described thereon to any person,
geographic area, or jurisdiction it so desires at any
time and in our sole discretion and to limit the
quantities of any such product or service that we
provide.
You agree to indemnify, defend and hold us, our
affiliates, sponsors, officers, directors, employees,
agents and representatives harmless from and against
any and all claims, damages, losses, costs (including
reasonable attorneys' fees), or other expenses that
arise directly or indirectly out of or from (a) your
breach of this Agreement, (b) your violation of the
Code of Conduct, and/or (c) your activities in
connection with the Site or Site-related services.
CODE OF CONDUCT
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While using the Site or Site-related services, you
agree not to do any of the following without our
prior written authorization:
- Post any inaccurate, untimely, stale, incomplete or
misleading information.
- Post any employment opportunity or requirements that
are inaccurate or not available with a verifiable company
that is directly represented by your office.
- Post any employment opportunities that are not real
jobs. MLM or anything charging a person a fee for
service.
- Key code (by overuse of a skill set, term or
definition within a job posting, profile, resume or
otherwise in an effort to gain priority placement of a
posting), copy other job postings as your own, post the
same position multiple times on the Site or post multiple
positions within one posting.
- Place any contact information within a job posting
that is different from or in addition to contact
information provided when subscribing to the All Oregon
Jobs service.
- Post any employment opportunity with instructions to
send a resume to an e-mail address in the job description
and/or skill requirements.
- Resell or make available to any person not expressly
licensed by All Washington Jobs, whether via phone, fax,
e-mail, mail or any other medium, any of the All Oregon
Jobs services or any information obtained there from,
including without limitation the featured candidate list,
resumes or candidate information.
- Share passwords, login information or named user
identification or otherwise allow multiple offices or
users to access the All Washington Jobs service on a basis
that is other than what was originally subscribed for. A
named user is defined as one unique individual user with
one unique password. An office is defined as a location
where a named user routinely accesses or uses the All
Oregon Jobs service under express license from All Oregon
Jobs.
- Use any search engine, software, tool, agent or other
device or mechanism, including without limitation
browsers, spiders, robots, avatars or intelligent agents
(other than those made available by All Washington Jobs on
the Site or other generally available third party web
browsers, e.g., Netscape Navigator or Microsoft Internet
Explorer), to navigate or search the Site.
- Allow job postings or employment requirements to
remain posted on the Site for more than 24 hours after
they are no longer viable or valid. To the extent that a
position is placed on "hold" or is otherwise not
available for immediate placement, the posting must be
removed from the Site until such time as the position is
a viable opening.
- Engage in spamming, flooding, soliciting or mass
marketing via e-mail, direct mail, telephone, or
otherwise to All Washington Jobs job seekers or subscribers.
- Express or imply that any statements you make are
endorsed by us.
- Impersonate any person or entity, including, without
limitation, a All Washington Jobs employee or agent, a user
of All Washington Jobs's services, including a candidate,
placement specialist or an employer, or otherwise
misrepresent your affiliation with any person or entity.
- Respond to a job listing on behalf of anyone other
than yourself.
- Delete or revise any material posted by any other
person or entity.
- Restrict or inhibit any other user from using and
enjoying the Site and services, including, without
limitation, by means of "hacking" or defacing any portion
of the Site.
- Post or transmit (a) any incomplete, false or
inaccurate biographical information or information that
is not your own accurate resume (i.e., the resume of a
living individual seeking employment on a full-time or
part-time basis on his or her own behalf); (b) any
content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or
otherwise objectionable or harmful, or that infringes on
our or any third party's intellectual property or other
rights; (c) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities, or
other unsolicited commercial communication; (d) any
information or software that contains a virus, worm,
Trojan horse or other harmful or disruptive component;
(e) any trade secret of any third party; or (f) any
material, nonpublic information about companies without
the authorization to do so.
- Use the Site for any unlawful commercial, research or
information gathering purposes.
- Communicate, send, or place unsolicited e-mail,
telephone calls, mailings or other contacts to posting
individuals and entities.
- Modify, adapt, sublicense, translate, sell, reverse
engineer, decompile or disassemble any portion of the
Site.
- Remove any copyright, trademark, or other proprietary
rights notices contained in the Site.
- "Frame" or "mirror" any part of the Site.
- Link to any page of or material on the Site other
than the URL located at http://www.alloregonjobs.com.
- Use any robot, spider, site search/retrieval
application, or other manual or automatic device or
process to retrieve, index, "data mine," or in any way
reproduce or circumvent the navigational structure or
presentation of the Site or its contents.
- Print out or otherwise copy or use any personally
identifiable information about candidates for purposes
other than consideration of the candidates for potential
employment by your company.
- Directly or indirectly post, display, upload or link
to pornographic, indecent or sexually explicit material
or businesses of any kind.
All Washington Jobs assumes no responsibility or
liability for any personnel selected by your company.
Selection, retention or hire of any individual or
entity is based solely on your company's
investigation, verification and determination that
such hire is suitable for your company's
purposes.
Your company agrees to and will hold the Company
harmless from any claims, damages or losses incurred
by your company or any other party as a result of
your use of the All Washington Jobs system.
You agree to comply with all applicable laws, rules
and regulations in connection with your use of the
Site and Site-related services.
The Company has no obligation to monitor the Site or
Site-related services, including any forum, or any
materials that you or other third parties transmit or
post on to the Site. However, you acknowledge and
agree that the Company has the right (but not the
obligation) to monitor the Site and Site-related
services, including any forum, and the materials you
transmit or post, to alter or remove any such
materials (including, without limitation, any posting
to the Site), and to disclose such materials and the
circumstances surrounding their transmission to any
third party in order to operate the Site properly, to
protect itself, its sponsors, its registered users
and visitors, and to comply with legal obligations or
governmental requests. The Company reserves the right
to refuse to post or to remove any information or
materials, in whole or in part, that it deems in its
sole discretion to be unacceptable, offensive or in
violation of this Agreement. The Company also
reserves the right to prohibit any user who, in the
Company's sole discretion, violates the Code of
Conduct or other terms of this Agreement from using
the Site and related services. Such prohibition may
occur without notice to the user.
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is
subject to the restriction as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer
Software Clause as DFARS 252.227-7013 and FAR
52.227-19, as applicable.
MAKING PURCHASES
If products or services are made available at the Site,
and if you wish to license or make purchases of
products or services described on the Site, you may be
asked by us or the applicable merchant or service
provider to supply certain information, including but
not limited to credit card or other information. If you
submit such information to us, you understand that any
such information will be treated by Company in the
manner described in our Privacy Policy .You agree that
all information that you provide to us or any such
merchant or service provider will be accurate, complete
and current. You agree to pay all charges incurred by
you or any users of your account and credit card or
other payment mechanism at the prices in effect when
such charges are incurred. You will also be responsible
for paying any applicable taxes relating to your
purchases. Moreover, you agree to review and to comply
with the terms and conditions of any specific
agreement, if any, that you enter into with the
merchant and/or service provider in connection with the
licensing or purchase of any product or service.
SUBMISSIONS
Because our designees and we host job boards and other
forums found on the Site and elsewhere and, therefore,
redistribute materials you give us, we require certain
rights in those materials. Therefore, by sending or
transmitting to us resources, information, ideas,
notes, concepts, trademarks, service marks or other
materials (including, but not limited to, job postings)
(collectively, "Content"), or by posting such Content
to any area of the Site, you grant us and our designees
a worldwide, non-exclusive, sub-licensable (through
multiple tiers), assignable, royalty-free, perpetual,
irrevocable right to link to, reproduce, distribute
(through multiple tiers), adapt, create derivative
works of, publicly perform, publicly display, digitally
perform or otherwise use such Content in any media now
known or hereafter developed. You hereby grant the
Company permission to display your logo, trademarks and
company name on the Site and in press, marketing
materials and public commercials (television &
radio), releases or filings. Further, by submitting
Content to the Company, you acknowledge that you have
the authority to grant such rights to the Company.
PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY
COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT
YOU SUBMIT.
None of the Content is endorsed by the Company, and the
Company cannot and does not make any representations
with respect to the truth or reliability of the
Content. The Company reserves the right to remove any
Content, in whole or in part, from the Site.
Communications between the Company and the users of the
Site are not confidential.
REGISTRATION; USE OF SECURE AREAS AND PASSWORDS
Some areas of the Site may require you to register with
us. When and if you register, you agree to (a) provide
accurate, current, and complete information about
yourself as prompted by our registration form
(including your e-mail address) and (b) to maintain and
update your information (including your e-mail address)
to keep it accurate, current, and complete. You
acknowledge that should any information provided by you
be found to be untrue, inaccurate, not current, or
incomplete, we reserve the right to terminate this
Agreement with you and your use of the Site.
As part of the registration process, your user name
will be your email address and you will be asked to
select a password. We may refuse to allow you to use a
username that impersonates someone else, may be
illegal, may be protected by trademark or other
proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us
in our sole discretion. You will be responsible for the
confidentiality and use of your password and agree not
to distribute, transfer or resell your use of or access
to the Site to any third party. If more than one
individual wishes to use a single password belonging to
a registered user, such registered user must request
permission from the Company in writing, it being
understood that the Company shall be under no
obligation to approve any such request. If you are a
job seeker who has reason to believe that your account
with us is no longer secure, you must promptly change
your password by updating your account information and
immediately notifying us of the problem. YOU ARE SOLELY
AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND
SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL
ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the
"DMCA") provides recourse for copyright owners who
believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you
have a good faith belief that materials hosted by us
infringe your copyright, you (or your agent) may send
us a notice requesting that the material be removed, or
access to it blocked. The notice must include the
following information: (a) a physical or electronic
signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly being
infringed upon; (b) identification of the copyrighted
work claimed to have been infringed upon (or if
multiple copyrighted works located on the Site are
covered by a single notification, a representative list
of such works); (c) identification of the material that
is claimed to be infringing or the subject of
infringing activity, and information reasonably
sufficient to allow us to locate the material on the
Site; (d) the name, address, telephone number, and
e-mail address (if available) of the complaining party;
(e) a statement that the complaining party has a good
faith belief that use of the material in the manner
complained of is not authorized by the copyright owner,
its agent, or the law; and (f) a statement that the
information in the notification is accurate, and under
penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. If you
believe in good faith that a notice of copyright
infringement has been wrongly filed against you, the
DMCA permits you to send us a counter-notice. Notices
and counter-notices must meet the then-current
statutory requirements imposed by the DMCA; see
http://www.copyright.gov for details. Notices and
counter-notices with respect to the Site should be sent
to All Washington Jobs Inc., 2717 SW Kelly Ave, Portland,
Oregon 97201, (tel) 503-256-4446, (fax) 503-258-1196,
Attention: General Counsel. We suggest that you consult
your legal advisor before filing a notice or
counter-notice. Also, be aware that there can be
penalties for false claims under the DMCA.
MISCELLANEOUS
This Agreement is entered into in the State of Oregon
and shall be governed by and construed in accordance
with the laws of the State of Oregon, exclusive of its
choice of law rules. Each party to this Agreement
hereby submits to the exclusive jurisdiction of the
state and federal courts sitting in the County of
Multnomah in the State of Oregon for any dispute
arising under or in connection with this Agreement, the
Site or any Site-related services, and waives any
jurisdictional, venue or inconvenient forum objections
to such courts. In any action to enforce this
Agreement, the prevailing party will be entitled to
costs and attorneys' fees. In the event that any of the
provisions of this Agreement shall be held by a court
or other tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that this
Agreement shall otherwise remain in full force and
effect and enforceable. Failure of any party to insist
upon strict compliance with any of the terms and
conditions of this Agreement shall not be deemed a
waiver or relinquishment of any similar right or power
at any subsequent time.
This Agreement constitutes the entire agreement between
the parties hereto pertaining to the subject matter
hereof, and any and all written or oral agreements
heretofore existing between the parties hereto are
expressly canceled. This Agreement is not assignable,
transferable or sub-licensable by you except with prior
written consent. Any heading, caption or section title
contained in this Agreement is inserted only as a
matter of convenience and in no way defines or explains
any section or provision hereof. The Company reserves
the right in its sole discretion to terminate the use
of the Site by a user at any time.
ALL CONTENTS OF THIS WEB SITE ARE COPYRIGHT
©2002-2010 All Washington Jobs, INC. ALL RIGHTS RESERVED.
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