JobBankUSA, Inc. Terms and Conditions


LEGAL NOTICE TopTop

These "Terms and Conditions" govern your use of JobBank USA. They also provide notice of JobBankUSA.com's policies, relating to Membership, Job Posting, Billing, Privacy, and Acceptable Use. Please read these carefully.

If you do not accept the Terms and Conditions stated here, do not use JobBank USA or it's services. By using any of the services found at www.JobBankUSA.com, you are indicating your acceptance to be bound by these Terms and Conditions. JobBank USA reserves the right to revise these Terms and Conditions at any time at its sole discretion by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

USE OF MATERIAL TopTop

JobBank USA authorizes you to view and download a single copy of the material on JobBank USA (the "Web Site") solely for your personal, noncommercial use.

The contents of this Web Site, such as the "look" and "feel" of the Web Site, text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of JobBank USA or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of JobBank USA and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML or other code that JobBank USA creates to generate its pages. It is also protected by JobBankUSA.com's copyright.

ACCEPTABLE SITE USE TopTop

General Rules for Employers and Recruiters

  • Use of any password-protected area of the web site is restricted to the registered user(s) who have been given permission and a password to enter such area ONLY. This password cannot be distributed to others, and the registered user is responsible for any and all damages to JobBank USA resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify JobBank USA of any unauthorized use of your registration or password.
  • You are only permitted to post ads for real jobs. Job postings must be individual openings for traditional, W-2 or 1099 employees. Postings that JobBank USA does not allow include, but are not limited to: Positions that require a monetary investment by the job seeker at any time; Advertisements for Multi-Level Marketing (MLM) positions; Email processing types of positions Project 21, SJ Gabel or for joining Affiliate types of programs; Business opportunities, that require a jobseeker to purchase a kit, additional documents, tapes, workbooks, attend a seminar, etc; Anything related to the adult entertainment industry. (URLs are not allowed in postings)
  • All information contained in postings must be clear and accurate, not misleading in any way, containing sufficient detail. Postings must contain enough information to allow a Job Seeker to make a reasonable informed decision as to whether to apply or not apply. Company information is not allowed within the body of the job postings. All candidates apply online through provided forms.
  • We cannot monitor every posting to JobBank USA, nor do we take responsibility for the content posted by our users. However, we do randomly monitor postings to ensure compliance with these Terms and Conditions of Use.
  • Postings found to be in violation of any of the conditions may be removed without warning and the poster will be notified. Interpretation of the rules is at the sole discretion of JobBank USA. Posting on JobBank USA is a privilege. JobBank USA reserves the right to suspend that privilege on an individual basis for any reason. User waives all rights and remedies for a refund of fees paid if in it's sole discretion JobBank USA removes a posting for violating our posting terms and conditions.
  • You may not use any device, software, or routine to mechanically "spider", "scrape" or otherwise extract data posted to JobBank USA. This includes but is not limited to: resume data extraction programs, and job extraction data programs. Such use of any program may result in the termination of user account, with no refund of remaining membership fees, and may subject user to any or all legal action at our disposal.
  • JobBank USA does not tolerate unsolicited commercial email (SPAM). JobBank USA users involved in such activity will have their accounts suspended, with no refund of remaining membership fees and JobBank USA will take any and all legal action at their disposal.
  • Printing out or otherwise copying or using any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company, in the case of an employer, or for presentation to a client in the case of a search firm is strictly prohibited.
  • If you are a search firm or third party recruiter you must obtain a candidates consent prior to presenting said candidate to a potential employer.
PROHIBITED SITE USE TopTop

In connection with your use of the Web Site, you will not:

  • Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
  • Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortious otherwise objectionable or that may invade another's right of privacy or publicity.
  • Impersonate any person or entity, including without limitation a JobBank USA employee or agent, an authorized user of JobBankUSA.com's services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
  • 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 or the resume of an individual other than yourself).
  • Delete or modify any material posted by any other person or entity not related to you.
  • Communicate, send, or place unsolicited e-mail (SPAM), telephone calls, mailings or other contacts to posting individuals and entities.
  • Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
  • Violate or attempt to violate the security of the Web Site, including, without limitation: accessing data not intended for such user or logging into a server or account that the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing"; sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. JobBank USA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
  • Take any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
  • Aggregate, copy or duplicate in any manner any of the materials or information available from the Web Site, with out prior written consent.
SPECIFIC DAMAGES TopTop

In light of the difficulties in proving a violation of these Terms & Conditions, the costs associated with proving a violation of these Terms & Conditions and the injury to JobBank USA that results from a violation of these Terms & Conditions, you acknowledge and agree that you will pay to JobBank USA a sum of not less than $5.00 for each violation of these Terms & Conditions and the Acceptable Site Use provisions and Prohibited Site Use provisions contained therein. For purposes of this section, each individual instance of unauthorized copying, distributing, or use of JobBankUSA.com's property, including but not limited to, individual resumes and individual job ads, each individual instance of spamming through the use of information obtained from the JobBank USA website, each individual resume spidered from the JobBank USA website and each instance of electronic downloading of a resume from the JobBank USA website shall constitute a separate and distinct violation of these Terms & Conditions and you, therefore, agree to pay to JobBank USA a sum of not less than $5.00 for each such violation. By way of example, if a user, without authorization, downloads 10,000 copies of any item of JobBank USA property or sends 10,000 emails that constitute spam, as determined and measured solely by JobBank USA, then the user agrees to pay to JobBank USA a sum of $50,000.00 for such conduct.

COSTS ASSOCIATED WITH THE ENFORCEMENT OF THESE TERMS & CONDITIONS TopTop

The user further agrees to be responsible for all costs incurred by JobBank USA in enforcing these Terms & Conditions. Such costs include, but are not limited to, JobBankUSA.com's reasonable attorneys' fees, all litigation costs associated with the enforcement of these Terms & Conditions, all fees paid to experts in determining, proving and litigation any violation of these Terms & Conditions and any other costs incurred by JobBank USA in the enforcement of these Terms & Conditions.

GOVERNING LAW TopTop

Any disputes resulting from the use of this or any JobBank USA server or site shall be construed and enforced under the laws of the State of Florida. Users hereby submit to the jurisdiction of the courts of Gainesville, Florida and/or any federal court of competent jurisdiction in the Northern District of Florida and waive any objection to venue with respect to actions brought in such courts.

USER INFORMATION TopTop

In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that JobBank USA may disclose to third parties, on an anonymous basis, certain aggregate information resulting from information that you place on the Web Site. JobBank USA reserves the right to offer third party services and products to you based on the preferences that you identify; such offers may be made by JobBank USA or by third parties. Please see JobBankUSA.com's Privacy Policy for further details regarding your information.

USER SUBMISSIONS TopTop

JobBank USA does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

JobBank USA acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications, which allegedly do not conform to these Terms and Conditions, JobBank USA may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. JobBank USA has no liability or responsibility to users for performance or nonperformance of such activities. JobBank USA reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. JobBank USA may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for JobBank USA or may cause JobBank USA to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Web Site, including but not limited to: job postings, resume postings, message boards, forums, contests, chat rooms, testimonials areas, you grant JobBank USA and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

MEMBERSHIP and BILLING TopTop

JobBank USA offers various levels of memberships for its users. The following details the rules governing membership and billing:

Job Seekers / Candidates / Resume Posters

Basic membership for Job Seekers / Candidates / Resume Posters is FREE. Basic membership includes searching jobs, posting of a resume, accessing jobseeker related resources, and those areas JobBank USA may designate as FREE access areas for Job Seekers.

JobBank USA may offer Job Seekers, Candidates, Resume Posters enhanced membership services either through JobBank USA or other third-party providers. Such enhanced services may include but are not limited to: upgraded resume positions posting, mass resume distribution, third party reference checking, etc. These services may be offered on a pay-for-use basis. User agrees by accessing these services to be responsible for all fees associated with said services and that since these services are delivered on a pay for use basis that user waives any and all rights to refunds once they have accessed and or used such services.

Employer / Recruiter Subscriptions

JobBank USA charges users for access to post jobs and view resumes. All memberships are billed monthly to the user's credit card on the established with a 30 day cycle on an automatically recurring basis. User will not receive monthly notification from JobBank USA of intent to charge or charges incurred on their credit card relating to membership to JobBank USA.

It is the responsibility of the member to keep all credit card information on file with JobBank USA, failure to do so may result in termination of membership. All credit card declines subject the user to an additional $25.00 processing fee. In the event that the user's registered credit card is unable to be charged for the contracted fees, you acknowledge and agree that you will be responsible for all costs incurred by JobBank USA as a result of sending your account to a collection agent. These costs include but are not limited to reasonable attorney fees and 3rd party collection fees incurred. In addition, accounts unable to be charged for the contracted fees will have all outstanding job postings suspended/deleted until which time the account is brought current in accordance with contracted terms.

JobBank USA will notify users 14 days in advance of any changes in billing procedures and / or pricing changes. User agrees to be bound by any changes to the billing procedures and / or pricing changes, unless user notifies JobBank USA in accordance with it's user cancellation procedures detailed in the current terms and conditions.

JobBank USA may offer Employer / Recruiter Users enhanced membership services either through JobBank USA or other third-party providers. Such enhanced services may include but are not limited to: upgraded job posting positioning, mass job distribution, third party reference checking, etc. These services may be offered on a pay-for-use basis. User agrees by accessing these services to be responsible for all fees associated with said services and that since these services are delivered on a pay for use basis that user waives any and all rights to refunds once they have accessed and or used such services.

Termination of Employer / Recruiter Membership

JobBank USA reserves the right to suspend or terminate a user's membership for any violation of the JobBankUSA.com's Terms and Conditions. Such termination or suspension may include removal of all current job postings and termination of user's access to view resumes. Should a user's account be terminated for violation for the JobBankUSA.com's Terms and Conditions, user waives any and all right to receive refunds of any and all unused portions of remaining membership, regardless of whether member has paid in advance for membership privileges.

Cancellation of Membership by User

Monthly Accounts may be cancelled by filling out the online form Account Modification / Cancellation at least 5 business days prior to user's bill date.

JobBank USA LIABILITY

JobBank USA is only a venue. The Web Site acts as a venue for (i) companies to post job opportunities and (ii) for candidates to post their own resumes for the purpose of evaluating job opportunities for themselves. JobBank USA does not screen or censor the profiles or other information. JobBank USA is not involved in the actual transaction between Member Companies and / or companies and candidates. As a result, JobBank USA has no control over the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings, the ability of companies to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. Because user authentication on the Internet is difficult, JobBank USA cannot, and does not, confirm that each user is who they claim to be. Because JobBank USA cannot, and does not, become involved in user-to-user dealings or control the behavior of participants on JobBank USA, in the event that you have a dispute with one or more users, you release JobBank USA (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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."

You acknowledge that JobBank USA is not under any legal obligation to control the information that is made available through the JobBank USA web site, and is provided by other users. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.

The Material may contain inaccuracies or typographical errors. JobBank USA makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job posting or other material contained therein placed by you or your agents on the Web Site. Companies are solely responsible for their postings on the Web Site.

JobBank USA does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user. JobBank USA is not to be considered to be an employer with respect to your use of the Web Site and JobBank USA shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs or candidate profiles on the Web Site.

DISCLAIMER OF CONSEQUENTIAL DAMAGES TopTop

IN NO EVENT SHALL JobBank USA OR ANY OF ITS SUBSIDIARIES OR PARENTS BE LIABLE TO ANY USER OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABLITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

JobBank USA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JobBank USA IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JobBank USA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT. JobBank USA ALSO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THE SITE.

LINKS TO OTHER SITES TopTop

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by JobBank USA of the contents on such third-party Web sites. JobBank USA is not responsible for the content of any linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

NO RESALE OR UNAUTHORIZED COMMERCIAL USE TopTop

You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized commercial use of the Web Site.

TERMINATION TopTop

JobBank USA reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by JobBank USA, upon any breach by you of these Terms and Conditions or if JobBank USA is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.

INDEMNITY TopTop

You agree to defend, indemnify, and hold harmless JobBank USA, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. JobBank USA shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

GENERAL TopTop

JobBank USA makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the State of Florida. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in the Terms and Services, additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and JobBank USA with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting of the Terms and Conditions located on the Website.

ADDITIONAL TERMS OF USE TopTop

Certain areas of this Web Site are subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Questions concerning JobBankUSA.com's Terms and Conditions, should be addressed via email.