This Agreement (hereinafter referred to as the "Agreement") explains the contractual agreement between IITJobs, Inc., an California corporation having its principle place of business in Fremont, CA ("IITjobs Inc," "we," "us" “IITjobs.com”or the “Company”) and you ("you," "your" “user”).
The terms "You" “Your” and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason. Who agree to the terms of this Agreement by clicking the "Yes I agree to the terms and conditions of this website. This Agreement is made to be effective as of the date following your execution and submission of this
Agreement by clicking the "Yes I agree to the terms and conditions of this website" checkbox on the Online
Registration, representing and warranting that you can legally enter into this Agreement, and agreeing to the terms
and conditions of this Agreement This Agreement governs your use of the IITjobs.com Web Site (the "Web Site" “Site”) and transactions conducted through this Web Site. If You do not accept the Terms of Agreement stated here,
do not use the Web Site and the services. By using IITJobs.Com, You are indicating your acceptance to be bound by the provisions of these Agreement of Use. IITjobs, Inc, may revise these Agreement at any time by updating this posting. You should visit this page periodically to review the Agreement, because they are binding on You.
Therefore in consideration of the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be bound, hereby agree as follows:
You must be 18 years of age or older to visit or use IITjobs.com in any manner.
© 2006 IITJobs Inc. All Rights Reserved. The Site, including all pages within and all code related thereto, is the property of IITJobs Inc. No portion of the materials or code on these pages or anywhere on the Site may be reprinted or republished in any form without the express written permission of the Company. IITjobsSM a service mark of the Company. The following are service marks owned by the Company that are not yet registered in the United States: iitjobs.com, pure IT Global career portal, International Information Technology Jobs, iTATSSM– Talent Acquisition Tracking System, iPACTSsm– Personalize Applicant Career Tracking System, and the IITJobs 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.
Neither IITJobs, Inc 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. If You are a California resident, You waive California Civil Code d1542, 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." 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.
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
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.
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 technology-related, or are outside a technology-related field or organization. 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 IITJobs, Inc service. Post any employment opportunity that does not contain a company URL, e-mail address or "apply online" application. Resell or make available to any person not expressly licensed by IITJobs, Inc, whether via phone, fax, e-mail, mail or any other medium, any of the IITJobs, Inc services or any information obtained there from, including without limitation the Hotlist, resumes or candidate information. Share passwords, login information or named user identification or otherwise allow multiple offices or users to access the IITJobs, Inc 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 IITJobs, Inc service under express license from IITJobs, Inc. 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 IITJobs, Inc 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. Engage in spamming, via e-mail, direct mail, telephone, or otherwise to IITJobs, Inc 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 IITJobs, Inc employee or agent, a user of IITJobs, Inc'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.iitjobs.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. IITJobs, Inc 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 IITJobs, Inc 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.
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 and other public 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.
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 from the "My IITJobs" tab of the Site and immediately notifying us of the problem via email addressed to [email protected] If you are a customer who has reason to believe that your account with us is no longer secure, you must promptly contact our Administrator via email addressed to [email protected] 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.
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. Notices and counter-notices with respect to the Site should be sent to IITJobs, Inc 39034 Guardino Dr, Ste # 106, Fremont CA. Attention: President.
This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, 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 Alameda in Fremont, in the State of California 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.
Pricing information and current rates for our services are listed on web site, also may be obtained by email to support @ iitjobs.com IITJobs, Inc has the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
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