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Job Seeker Registration
Terms of Service
This page states the Terms of Use, Conditions of Use and Notices ("Terms") under which You (as defined below) may use www.JobSwagger.com (also "JobSwagger.com"), an on-line service for posting and searching employment opportunities and User (as defined below) resumes. JobSwagger.com is intended for the use of persons between the ages of 14 and 25 seeking temporary, part-time, seasonal or full-time employment from corporations and entities licensed to do business in the jurisdictions in which they are located. 1. Acceptance of Terms The offer to You to use and Your use of the JobSwagger.com™ website (“Site”) is conditioned entirely on Your acceptance without modification of the terms contained herein. “You” refers to any person using this Site, including persons seeking employment, Subscribers as defined below and visitors to the Site, and “Your” is the possessive of “You”. "Site” also refers to all content and information, text and visual images, software, products and services used or available via the Site. JobSwagger.com reserves any and all rights not expressly granted to you in these Terms. Your use of the Site means that you have read and understand all of the Terms and agree to the Terms. 2. Modification of Terms and Conditions of Use JobSwagger.com, at its sole discretion, reserves the right to make changes at any time, or from time to time, to these Terms, as well as to make any other changes to this Site. Any changes are effective immediately upon posting on this Site. You are responsible for reviewing regularly the Terms posted on this Site, because You are bound by the Terms. There are no exceptions. 3. Access to Hyperlinks and Information Provided by Other Parties This Site may contain hyperlinks or other connections to websites operated by parties other than JobSwagger.com. The other websites may include, but are not limited to, employers, advertisers and sponsors (individually or collectively referred to JobSwagger.com’s "Subscribers") who post opportunities for employment, information or advertisements on JobSwagger.com. The content of those websites are controlled entirely by the Subscribers. JobSwagger.com does not control those Web sites and is not responsible for them, including for their availability, content or any viruses accessed through them. By using hyperlinks to access those websites, You are bound by the terms and conditions of use of those websites. Additionally, JobSwagger.com’s inclusion of hyperlinks or other connections to such Web sites does not imply that JobSwagger.com endorses any of the material on them or any association with their owners or operators. JobSwagger.com takes no responsibility whatsoever for the activities of job applicants or JobSwagger.com Subscribers or those Subscribers’ respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on the Site). Nothing on the Site shall be deemed to be an endorsement, representation or warranty with respect to any Subscriber, employer, applicant or other third party, whether in regard to its website, products, services or otherwise. 4. Trademarks, Copyrights, and Intellectual Property and General Terms JobSwagger.com, LLC ("JobSwagger.com") is the owner of all intellectual property rights (including trademarks and copyrights) on the JobSwagger.com Site. Material published by JobSwagger.com on this Site may contain other proprietary notices or describe products, services, processes or technologies licensed to and/or owned by JobSwagger.com or third parties. Nothing in these Terms or in the Site shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of JobSwagger.com or any third party, including Subscribers, except as expressly set forth herein. You are strictly forbidden to delete or alter any copyright or other proprietary notices that appear on the Site. "JobSwagger.com" and certain other names or logos are trademarks of JobSwagger.com, LLC, and all related product and service names, design marks and slogans are the trademarks or service marks of JobSwagger.com, LLC. All other product and service marks contained and/or appearing on this Site are the trademarks of their respective owners. The format and presentation, including the "look" and "feel," of JobSwagger.com’s site (including color combinations, button shapes, layout, design and all other graphical elements) also are trademarks, copyrights and/or property of JobSwagger.com. The copyright laws of the United States and international treaties protect all editorial content and graphics on this Site. These same copyright laws and treaties protect the HTML-based computer programs used to generate the pages on the Site. You may not copy any editorial content, graphics or programs without the express written permission of JobSwagger.com, which reserves all rights. You also are strictly prohibited from re-using any of JobSwagger.com's editorial content and graphics for any purpose without JobSwagger.com’s prior written permission. Please direct any requests for permission to support@JobSwagger.com. Please be aware that the information, software, products and services published on this Site may include inaccuracies, typographical errors or out-of-date information. Changes are made and items are added to the Site and the information on the Site from time to time. JobSwagger.com may make such changes or additions at any time at its sole discretion. 5. Your Use of this Website and Limited License The JobSwagger.com Site is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in this Site, the JobSwagger.com website as a whole, and software, products or services obtained from or available as part of or in conjunction with this Site. You are granted a non-exclusive, non-assignable and non-transferable license to use this Site only under these Terms. This license is not a sale of any of JobSwagger.com’s rights. By agreeing to these Terms, only You may use the JobSwagger.com Site. You may not rent, lease, lend, sub-license or transfer the Site or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site. You may not transfer to or store any data residing or exchanged over the JobSwagger.com Site in any electronic network for use by more than one user unless You obtain prior written permission from JobSwagger.com. If You violate any of these Terms, this limited license terminates automatically and You must immediately destroy all copies of any materials, content, or information that You may have obtained on or through this Site. 6. Your Responsibilities as a User The JobSwagger.com Site may be used only for lawful purposes by individuals seeking employment and employers seeking employees. As a specific condition of your use of the JobSwagger.com Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). You are responsible to ensure that your use of the Site complies with these Terms. You must seek prior written permission from JobSwagger.com and receive prior written approval for any uses not permitted or not expressly specified herein. 7. Uses of this Site that are Not Permitted In connection with your use of our Site, you agree that you will not: a. Transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful (as further defined in sub-paragraph “i” of this section below), harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another's right of privacy or publicity; b. Include in any Content a link to another website, URL or video message; c. Impersonate any person or entity, including but not limited to, a JobSwagger.com member, officer, employee, representative or agent or falsely state or otherwise misrepresent Your affiliation with a person or entity; d. Post or transmit any Content that You do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); e. Post or transmit any Content that contains a virus or corrupted data; f. Delete any author attributions, legal notices or proprietary designations or labels that You upload to any communication feature; g. Use the Site’s communication features in a manner that adversely affects or could adversely affect the availability of its resources to other users, including, but not limited to, continuous posting of repetitive text, flooding of text, and use of all capital letters in information; h. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; i. Violate any applicable federal, state, local, municipal, national or international law; j. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; k. Post any incomplete, false or inaccurate resume information or information which is not your own accurate application (living individual seeking employment on a full-time or part-time basis on his or her own behalf); l. Respond to any employment opportunity on the Site for any reason other than to apply for the job; m. Respond to any employment opportunity with a communication intended or designed to solicit the employer's business in order to compete with JobSwagger.com; n. Post to the Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents; o. Delete or revise any material posted by any other person or entity; p. Print out or otherwise copy or use any personally identifiable information about employees or business information about employers; q. Communicate or contact with individuals and companies posting to the Site in the form of unsolicited e-mail, telephone calls, mailings or other contacts; or r. Use the Site for any purpose that could damage, disable, or otherwise interfere with the operation of the Site or any other web site, or with any other person's or entity's use or enjoyment of this Site or any other web site. 8. No Professional Advice None of the services, materials, content, or information available on or through this Site or the Site constitutes, is intended to constitute or may be interpreted to constitute employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your situation from a qualified professional if you have any questions regarding any such matters. 9. Information Provided by Subscribers By agreeing to these Terms, a Subscriber certifies that it has prepared the information it is posting on this Site in good faith and with no intention of seeking any information that would violate any law, statute, or regulation issued by any federal, state, or local department or agency. The Subscriber further certifies that it will not use the information that it obtains in violation of Title VII, as amended, the Age Discrimination in Employment Act, the American’s with Disabilities Act, or any other federal, state, or local statue, law, or regulation that protects applicants or employees from discrimination in employment and/or hiring decisions. Subscribers further agrees that should JobSwagger.com be named as a defendant or respondent in any lawsuit, administrative charge, or any other proceeding arising out of the Subscriber’s information posted on JobSwagger.com’s website or any employment practices associated with those questions, the Subscriber will advance to JobSwagger.com all attorneys’ fees, costs, and expenses JobSwagger.com incurs in defending itself against such a lawsuit or charge. The Subscriber agrees to indemnify JobSwagger.com for any judgment for damages, costs, attorneys’ fees or any other expense issued against JobSwagger.com as a result of the Subscriber’s questions or its employment practices associated with those questions. The Subscriber also agrees to reimburse JobSwagger.com for any and all attorneys' fees, costs, and expenses that JobSwagger.com incurs and that the Subscriber has not previously advanced as required herein in attempting to collect the amount for which the employer has agreed to indemnify or reimburse JobSwagger.com. Subscriber further certifies that JobSwagger.com has played no role in drafting any of the information questions that the Subscriber is submitting for posting on the website. The Subscriber agrees that should JobSwagger.com request that any information, question or group of questions be removed from the Site for any reason, the Subscriber will promptly remove that information or those questions or permit JobSwagger.com to remove the information or questions. 10. Web Site Security Rules You are prohibited from violating or attempting to violate the security of JobSwagger.com, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a Site or network or to breach security or authentication measures without proper authorization,(iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of Site or network security may result in civil or criminal liability. JobSwagger.com may investigate occurrences which may involve such violations and may involve, cooperate with, and refer violations to law enforcement authorities in prosecuting users who are involved in such violations. 11. Information that You Submit or Upload to JobSwagger.com By submitting or uploading Content to the Site, you automatically grant JobSwagger.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the Site), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Content have been waived. JobSwagger.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Site. Without limiting the foregoing, JobSwagger.com and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. 12. Indemnification You agree to defend, indemnify and hold harmless JobSwagger.com from any third party claim, damages or demand, including reasonable and all attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another. You further agrees that should JobSwagger.com be named as a defendant or respondent in any lawsuit, administrative charge, or any other proceeding arising out of information that You post on JobSwagger.com’s website, You will advance to JobSwagger.com all attorneys’ fees, costs, and expenses JobSwagger.com incurs in defending itself against such a lawsuit or charge. You also agree to reimburse JobSwagger.com for any and all attorneys' fees, costs, and expenses that JobSwagger.com incurs and that You have not previously advanced as required herein in attempting to collect the amount for which You have agreed to indemnify or reimburse JobSwagger.com. 13. Monitoring of Information Posted on JobSwagger.com JobSwagger.com is under no obligation to monitor the information residing on or transmitted via this Site. However, you agree that JobSwagger.com may monitor the Site Contents (i) to comply with any applicable laws, regulations or other government requests; (ii) to operate the Site properly or to protect itself and its users and Subscribers; and (iii) for such other purposes as it may deem reasonably necessary or appropriate from time to time. JobSwagger.com reserves the right to modify, reject or eliminate any information residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable or in violation of these Terms. 14. JobSwagger Does Collect Information about You The service that JobSwagger.com provides to You requires that we gather, process, use and distribute information which you provide directly, such as your name, physical address, e-mail address and resume (if any), as well as information regarding the manner in which you use the Site. JobSwagger.com cannot guarantee that your information will be prevented from being viewed by any particular party. If you have directly submitted information and would like us to remove it from our database, please contact us at the e-mail address provided and we will use reasonable efforts to delete your information from our then existing files. At your request, we will also make reasonable efforts to forward to up to seven Subscribers whom you specify a similar request. JobSwagger.com cannot control, or be liable for such efforts, or for any past, present or future action or inaction by any of our Subscribers. 15. Warranty and Liability Disclaimers & Limitations YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY JOBSWAGGER.COM, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. JOBSWAGGER.COM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US AS THE SITE PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR SITE. WE MAKE NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY JOB VIA THE SITE, NOR ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. JOBSWAGGER.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THE SITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL JOBSWAGGER.COM BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF JOBSWAGGER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN JOBSWAGGER.COM’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $500.00. YOU AGREE THAT THIS DISCLAIMER OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR ANY THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, TORTIOUS CONDUCT, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. YOU FURTHER AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES TO ANY EMPLOYMENT, CAREER, LEGAL OR FINANCIAL DECISIONS THAT YOU MAY MAKE, AND AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES THAT ARISE FROM OR RELATE IN ANY WAY TO LINKED WEB-SITES, ANY THIRD PARTY'S CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES, OR ANY THIRD PARTY'S ACTS OR OMISSIONS. 16. Terms of Use Do Not Create a Formal Relationship with You You agree that as a result of this agreement and/or Your use of this Site, no joint venture, partnership, employment or agency relationship exists between You and JobSwagger.com or any of JobSwagger.com’s Subscribers. 17. Legal Requirements JobSwagger.com's performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms will diminish JobSwagger.com's right to comply with law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by JobSwagger.com with respect to such use. 18. Agreement These terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding JobSwagger.com, its Site or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 19. Age JobSwagger.com is not intended for persons under 14 years of age. We do not knowingly collect personal information from children under 14. Any user of this Site under 14 years of age is an unauthorized user. JobSwagger.com has conducted no independent investigation into the age or any other information about the User. 20. Right to Terminate Access JobSwagger.com shall have the right to terminate Your ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. 21. Other Rights and Obligations You may not assign any part of this Agreement without JobSwagger.com’s prior written consent. You shall pay any taxes, except for those based on JobSwagger.com's annual net income. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. 22. Enforcement and Interpretation of these Terms These Terms shall be governed by the laws of the State of Maryland, excluding its conflicts of law principles, and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Montgomery County, Maryland, U.S.A. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, JobSwagger.com will be entitled to equitable relief upon a breach of them by You. |
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