Service of Use and Agreement

This agreement (the “Agreement”) is entered into by and between you and TECH JOBS NY regarding your use of TECH JOBS NY. By using TECH JOBS NY  you are entering into this Agreement with TECH JOBS NY and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use the Service. Contact us if you have any questions and/or comments.

References such as “THIS SERVICE” and “THIS SITE” and “IT(S)” and “THE SERVICE” and “THE SITE” and “THIS SITE”  and “SITE SERVICE(S)” and “THE COMPANY” and “WE” and “OUR” and “US” shall refer to TECH JOBS NY. When referring to “CONTENT” it shall mean any uploaded file or downloaded file, written, typed, copied and/or pasted in any information incorporated into any field on the site and stored on the site server.

All United States FEDERAL laws apply to this site and how users and visitors are treated regarding any action transpired between all parties involved. In addition STATE and LOCAL laws may apply where there is any legal grounds regarding the use of this site wherever it happens to manifest itself given the nature of the web, these laws pertain only to use and conduct of users and visitors and will devise any formal breach of contract if any between the site and any third party participant.

This Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively “Terms of Service”) and the service Privacy Policy, set forth the terms and conditions that apply to your use of this service. By using this service, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Service, you should not access or use our service.

Description of Service. In this terms of service this site is understood to be is an interactive online service allowing users to upload or enter content that is intended to be promote a user’s professional skills, work experience and background for jobseekers. In the case of employers the service provides a means for content to be entered as a means to promote a job offered by the employer. In this agreement the term “OWNER(S)” shall mean the legal owner or owners of this site which include the creator, partner or any other legal conjunction. The following references “YOU” or “YOUR” or “YOU’RE” or “YOURS” will mean anyone other than the owner(s) any person or other entity not restricted to a single individual group or groups using this site for any purpose, or any of the preceding listed regardless of their awareness of this document or not.

You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service. We also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

Registration. You may be given the opportunity to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from this service and/or to participate in certain featured through this service such as certain interactive areas. We will use the information you provide in accordance with the our Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password.

You acknowledge and agree that we store passwords on our servers in encrypted format and can not be decyphered by the OWNER(S). If you lose your password you must provide your email address where you will be given the opportunity to create a new one. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.

Refusal of service; Termination; Suspension. The Company reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason.

Children’s Online Privacy. Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service. By registering you acknowledge that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on our site, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and this service.

You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of this service and all charges related to the same.

We are not responsible for any perceived down-time as our servers are operated and maintained by a separate entity.

Cancellation. You agree that upon cancellation of your account whether initiated by you or by the OWNER(S) all of your data and account information will be wiped clean off the system. There is no suspended state of your account from which to recover or otherwise preserve your account or gathered data.

Use Content and Conduct

Users and visitors to this site are not to engage in, encourage, promote or create content that is: aggressive, antagonistic, vile, hateful, vindictive, negative, harmful or otherwise damaging to anyone within or outside this site and its services. These and other negative unbound acts is absolutely not allowed nor tolerated.

Proper Use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the service to harass other users; (b) prevent others from using the Service; (c) use the Service for any fraudulent or inappropriate purpose. Any violation of the above may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Blatant misuse of this service by users or visitors in any capacity is neither condoned nor supported by the owner(s) of this service. The owner(s) reserve the right to banish, delete, close, block, destroy, erase any collected user data from our system for any reason not necessarily bound to direct misuse of the service. Anyone who breaks any part of the terms of service will at minimum be deleted from and/or denied access to the service without question. All terminal actions reserved by this service may be compelled by legal authority to enact similar action against users engaging in inappropriate or unlawful acts.

Personal Use. You are not allowed to arrange, conduct, plan, attempt or execute methods for monetizing your profile as a revenue source or any other cash flow resource. Your use of this site must be for non-commercial use. Termination of your account for violation of this agreement regarding personal use may occur without warning.

You are not allowed to use this site and its service as regular means of communication. It is not to be used to transmit messages or form of data of any illegal nature to illegal or illegitimate  parties known or unknown to you. Nor is it allowed to transmit material of legal albeit morally, civically, or socially offensive. In essence this site is not to be used as a means to transmit criminal, illegal or harmful or forms of communications or content any users or visitors of this site or adjoining networks or devices.

You are not allowed to post harmful and/or sensitive information of others on yours or anyone else’s profile, or any other content nor allowed to use this site as a proxy to facilitate similar acts of misconduct, fraud or illegalities towards anyone internal or external via this service.

Any content whether it is written, with or without an image(s) uploaded to any page or product related to this site and/or its pages for registered and unregistered users that is found to be offensive will be immediately deleted from the system without warning.

You agree not to impersonate any person or entity, including, but not limited to, any of the OWNER(S), any user or visitor of this site or falsely state or otherwise misrepresent your affiliation with any person or entity;

You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about this site’s users or posting private information about a third party;

You agree not to upload, post or otherwise transmit any user content, software or other materials which contain a virus or other harmful or disruptive component.

You agree not to interfere with or disrupt our service, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the site, use of the site, or access to the site.

By no means whether by, but not limited to, facsimile, recording, re-typing, photocopying, electronic or mechanical or using any information storage and/or retrieval system may be used to reproduce or obtain text or graphics from this site.

Disclaimer of  Privacy; Warranty; Damages and Indemnification

Privacy. As a condition to using the Service, you agree to the terms of this site
privacy policy as it may be updated from time to time. We understand that privacy is important to you. You do, however, agree that the Company may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and this site’s Privacy Policy. Personal information collected by the Company may be stored and processed in the United States or any other country in which the site or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

Warranty. The Company does not represent that the Service is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE SITE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The site makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. The site makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the site or through the Services, will create any warranty not expressly made herein.

Damages. UNDER NO CIRCUMSTANCES WILL THE SITE OR OWNER(S) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE SITE OR IT’S OWNER(S) BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.

Indemnification. You agree to hold harmless and indemnify the Company, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Enforcement. The failure of the Company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

Liability

The site or it’s owner(s) is not liable for any loss of information whether accidental or deliberate and does not need to justify the reasons for the loss of information  to any user.

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against the site and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service.

This service is not responsible under any situation or circumstance for the loss or termination of anyone’s potential or current employment. We do not guarantee employment as a result either directly or indirectly from using this service.

It is not responsible for any misbehavior or misuse leading to offensive material by other users or third-party source that does not follow this terms of service or misaligns with United States Federal, State, Local or International laws in jurisdictions where this site may be viewed upon by any user given the nature of the internet.

It is not the responsibility of this site to police the activities of individual users or visitors and therefore is not responsible for ensuring every member adheres strictly to the terms of service any applicable laws.

This site or its owner(s) is not liable for any files uploaded or download. It is not liable for any harm that might be the result of downloaded or uploaded material from any registered or non-registered parties.

Any loss, corruption or mishandling of static or transmitted data outside of the control of this service is circumstantial and falls out of scope of liability or responsibility. In extension, this site is not liable for any mishandled monetary requests upon transmission to any payment processor.

This site is not liable for any loss, corruption or mishandling of static or transmitted data due to power outages that may effect our servers and therefore our ability to provide the service.

You also agree that we bear no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services.

We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content.

Payment Processing. This site uses payment processors to handle monetary transactions and is not liable for any mishandling of funds once a purchase request is made. We are not liable for any lack of confirmation that may result in the failure of any payment processor services to provide any necessary feedback data to prompt a confirmation response to purchaser. We are not responsible for any sudden inaccurate cost as a result of any payment processor’s failure to accurately process the amount set by the site and agreed upon by you, the purchaser. We are not liable for any discrepancies in price agreed upon and cost actually owed. In any such instance the final priced owed shall be the agreed upon cost payable to the site. No fault outside the control of the site shall be punishable through legal action.

Resumes. This site does not collect phone numbers or physical address information as those are likely found in job seeker’s electronically supplied resumes. We are not responsible for the exposition of any contact information that may be present of on a jobseeker’s resume or in anywhere else on the site. The company does not collect similar information from employers either. We cannot be responsible for data voluntarily provided by any user of this service or any third-party service including but not limited to payment processors.

Ownership

We do not bear any responsibility of individual user content provided or stored as data in our databases. This includes data in part or in full in the form of transmission, storage medium, any process, execution for creating, originating or developing any content that originates from you and stored anywhere on this site or its email server(s).

The site and it’s owner(s) owns the implementation of any idea it happens to obtain through fair use which includes suggestions from outside third-parties including registered users of the site.

The site owns all supplied content in the form of electronic data but explicitly does not own or share the ideas expressed in electronic form data or any other reproduced manifestation of the data in any manner supplied or stored on this website.

You acknowledge the content expressed in any part of the user provided profile, control panel, dashboard or in any job post are not reflections of or the beliefs, goals or credence of the site or its owner(s). Your ideas and content provided are owned by you.

We reserves the right to cooperate with any legal entity in tracking down users who violate the terms of service.

We may exercise the right to share any and all information to law enforcement if the need should arise.

We have every right to include and exclude any person, place or thing from using the service.

You are solely responsible, liable for, and take ownership over any and all content you provide to this site. You are solely responsible for the ideas, the meaning of those ideas, verbiage or any image that which serves the purpose to convey any ideas or message supplied as content by you.

Content. Data includes any information provided at registration, any email correspondences, replies, sent, copied and forwarded messages, any uploaded material and/or written content provided and/or retained in electronic or hard copy form.

Changes to Terms of Service. We may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. We reserve the right to add, delete, change and/or modify any part or portions to the Terms of Service and regarding the Terms of Service expectations with or without notifying past, present or future users of this site or anyone outside this service. Your use of this service after such participation shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Changes to Site. This site is free to change and/or modify any aspect of the service it provides in part or in full at any time with no prior warning to anyone including all users and potential visitors of the site. It is free to change including, but not limited to, content, hours of availability, and equipment needed for access or use. The modification of prices and the inclusion or exclusion of costs are subject to change at anytime without warning and at the sole discretion of us.

Entire Agreement

These Terms of Service and any operating rules for the site established by the site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of the site. These Terms of Service shall be construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

This Agreement constitutes the entire agreement between us and you with respect to the subject matter hereof.

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