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Terms and Conditions
1. Introduction: Please read this web page carefully. It contains the Terms and
Conditions governing your access to and use of the Copterjobs, LLC Web Site. If
you do not accept these Terms and Conditions or you do not meet or comply with
their provisions, you may not use the Site.
2. Binding Agreement: These Terms and Conditions, together with all Exhibits to
these Terms and Conditions, which may be amended,
form a binding agreement between you the user and
Copterjobs, LLC. Your access to or use of the Site indicates your acceptance
of these Terms and Conditions. You are agreeing to use the Site at your own
risk.
3. Certain Definitions: The following definitions apply to this Agreement:
Copterjobs Web Site" or the "Site": includes www.copterjobs.com in its
entirety, and includes their content, text, graphics, design, programming and
services as applicable.
Content: includes all text, graphics, design and programming used on the Site.
Text: includes all text on every page of the Site, whether editorial,
navigational, or instructional.
Graphics: includes all logos, buttons, and other graphical elements on the Site,
with the exception of paid advertising banners.
Design: includes the color combinations and the page layout of the Site.
Programming: includes both client-side code (HTML, JavaScript, etc.) and
server-side code (Active Server Pages, VBScript, databases, etc.) used on the
Site.
Document: refers to any posting to the Site, whether job or resume.
Services: means any services provided on the Site by Copterjobs or its
agents.
User: refers to any individual or entity who uses any aspect of the Site.
Job Seeker: means a User who is accessing the Site to search for a job or in any
other capacity except as an Employer.
Employer: means a person or entity that is accessing the Site to post a job or
for any reason related to the purpose of seeking candidates for employment.
"You" and "you":means the person who (or the entity on behalf of whom you are
acting) that is agreeing to these Terms and Conditions
4. Acceptable Use of the Site:
4.1 General Use Rules: The Site is intended for individuals seeking employment
and for employers or recruiters seeking candidates for employment. You may use
this Site only for lawful purposes within the stated context of Copterjob's
intended and acceptable use of the Site. Copterjobs, LLC is the sole interpreter
of the Site’s intended and acceptable use
4.2 License to Use Job Seekers: Copterjobs hereby grants you
a limited, terminable, non-exclusive right to access and use the Site only for
your personal use seeking employment opportunities for yourself. This authorizes
you to view and download a single copy of the material on the Site solely for
your personal, noncommercial use. You agree that you are solely responsible for
the content of any Document you post to the Site and any consequences arising
from such posting. Your use of the Site is a privilege. Copterjobs reserves
the right to suspend or terminate that privilege for any reason at any time at its
discretion.
4.3 License to Use by employers: Copterjobs hereby grants you a
limited, terminable, non-exclusive right to access and use the Site only for
your internal business use seeking candidates for employment. This authorizes
you to view and download a single copy of the material on the Site solely for
your personal use directly related to using the Site for the purpose of
searching and recruiting job prospects. You may not sell,
transfer or assign any products or services or your rights to any products or
services (including access to the Resume Database) provided by Copterjobs to
any third party without the express written authorization of Copterjobs, LLC. You
agree that you are solely responsible for the content of any Document you post
to the Site and any consequences arising from such posting. Copterjobs
reserves the right to suspend or terminate your access and use at any time if
Copterjobs determines that you are in breach of any of these Terms and
Conditions.
4.4 Other Specific Rules: 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 and Conditions or by applicable law. It
is your responsibility to ensure that your use of the Site complies with these
Terms and Conditions and all applicable laws.
4.5 Copterjobs, LLC Rules for Posting, Conduct and Security. You agree to comply with the
specific rules for posting, conduct and security on the Site, which are attached
hereto as Exhibit A.
5. Intellectual Property Rights: The Site and all right, title and interest in
and to the Site is the sole property of Copterjobs, LLC or its licensors, and is
protected by U.S. copyright and international treaties. Except for the limited
licenses expressly granted to you in these Terms and Conditions, Copterjobs
reserves for itself and its licensors all other right, title and interest.
Without limitation on the foregoing, you may not reproduce, modify, display,
sell, or distribute the Content, or use it in any other way for public or
commercial purpose. This includes copying or adapting the HTML code used to
generate Web pages on the Site. "Copterjobs", the Copterjobs design logo
and certain other names or logos are service marks or trademarks of
Copterjobs, and all related product and service names, design marks and
slogans are the service marks or trademarks of copterjobs. In addition, the
"look" and "feel" of the Site (including color combinations, button shapes,
layout, design and all other graphical elements) are also protected by
Copterjobs's trademarks, service marks and copyrights. All other product and
service marks contained on the Site are the trademarks of their respective
owners.
6. Disclaimers and Limitations on Copterjobs's Liability:
6.1 Allocation of Responsibility Copterjobs assumes no responsibility for
Documents posted by Users and no responsibility for the activities, omissions or
other conduct of Users. Copterjobs acts as a portal 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 Documents posted by Users. If notified by a User of a
Document which allegedly does not conform to this agreement, Copterjobs may
investigate the allegation and determine in good faith and in its sole
discretion whether to remove or request the removal of such Document.
Copterjobs has no liability or responsibility to Users for performance or
nonperformance of such activities. Copterjobs may take any action with
respect to User submitted information that it deems necessary or appropriate, in
its sole discretion.
6.2 No endorsements by Copterjobs: Nothing on the Site shall be considered an
endorsement, representation or warranty with respect to any User or third party,
whether in regards to its web site, products, services, hiring, experience,
employment or recruiting practices, or otherwise.
6.3 No Guaranty of Results. Copterjobs is not an employment agency or a
recruiting firm, and makes no representations or guarantees regarding the
effectiveness or timeliness of the Site in meeting the employment objectives of
Users. Copterjobs does not guarantee that Documents posted by Users will
result in candidates being hired or positions being filled, and is not
responsible for any employment decisions, for whatever reason made, made by any
User.
6.4 Warranty Disclaimers:
(a) The Site is posted on an "AS IS" basis without any WARRANTIES of any kind,
expressed or implied. Copterjobs does not guarantee any warrantees about accuracy,
reliability, completeness, or timeliness of the Site.
(b) Without limitation:
(i) Copterjobs, LLC does not warrant that the Site will operate free of errors, computer
viruses, or other harmful mechanisms. If your use of the Site results directly
or indirectly in the need for servicing or replacing equipment or data,
Copterjobs is not responsible for those costs.
(ii) Copterjobs makes no representations or guarantees regarding the
truthfulness, accuracy, completeness, timeliness or reliability of any documents
posted by Users, or of any other form of communication engaged in by Users.
Documents may contain inaccuracies or typographical errors. You agree that any
reliance on Documents posted by Users, or on any other form of communication
with Users, will be at your own risk.
(iii) Copterjobs makes no representations or guarantees regarding the content
of the Site, including, but not limited to, broken links, inaccuracies or
typographical errors.
6.5 Damage Limitations:
(a) You, the User, assumes all responsibility and risk for use of the Site.
(b) In no event shall Copterjobs, LLC (or any of its Officers, Directors,
employees, affiliates, agents or advertisers), be liable for any
non-direct damages at all, including, without limitation, incidental and
consequential damages, lost profits, or damages resulting from lost data, lost
empoyment opportunity, or business interruption, resulting from or arising
under or in connection with the use or access to, or the inability to use or
access the Site and/or any document, whether based on warranty, contract,
or any othe legal aspect, and whether or not Copterjobs, LLC is advised of the
possiblity of such damages.
(c) Due to the fact some countries, states OR jurisdictions do not allow the exclusion,
limitation, or liability for consequential or incidental damages, the limitations
set forth may not apply. If any are held inapplicable or unenforceable for any reason,
then Copterjob's maximum liability for any non-direct type of damages shall be limited to USD
$200.00 in the aggregate.
(d) In no event shall Copterjobs, LLC (or any of its Officers, Managers,
Employees, Affiliates, Agents or Advertisers), be liable for any
direct damages in excess in the aggregate of USD $200.00
(e) Due to the nature of this Agreement, in addition to money damages, you agree
that Copterjobs, LLC will be entitled to equitable relief upon a breach of this
agreement by you.
7. Payment of Services upon Termination of Service Agreement: If at any time
during the course of this Agreement you should terminate a Service Agreement in
which these Terms and Conditions have been incorporated by reference, not to
include your termination in the case of breach of this Agreement or the Service
Agreement by Copterjobs, Copterjobs shall reserve the right to receive all
payments from you for the Services used by you
and the remaining unused portion of the Service Agreement.
8. Links to Other Sites. Copterjobs contains links to third party web sites.
These links are provided solely as a convenience to you and not as an
endorsement by Copterjobs of the contents on such third-party web sites.
Copterjobs is not responsible for the content of 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.
9. Amendments to this Agreement and Changes to Site. Copterjobs may revise
this Agreement at any time by updating this page. Changes will be binding on
you on the date they are posted on the Site (or as otherwise stated in the any
notice of such changes). Any use of the Site will be considered acceptance by
you of the then-current Terms and Conditions (including any Exhibits thereto).
If at any time you find the Terms and Conditions unacceptable, you may not use
the Site any longer. Any new or different terms supplied by you are specifically
rejected by Copterjobs. Copterjobs may change the Site at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless Copterjobs, LLC
(and its Officers, Manager, Employees,Agents and Advertisers) from and against any third
party claims, actions or demands, including, without limitation, costs, damages
and reasonable legal and accounting fees, alleging or resulting from or in
connection with your use of the Site, any document posted by you, or your breach
of this Agreement. Copterjobs shall use reasonable efforts to provide you
prompt notice of any such claim, suit, or proceeding and may assist you, at your
expense, in defending any such claim, suit or proceeding.
11. User Information: The Privacy Policy posted on the Site is incorporated into
this Agreement by this reference. The Privacy Policy governs data collected
through Copterjobs’s on-line operations only. Please note, as set forth in
the Privacy Policy, that Copterjobs may collect certain personal information
from Users and may contact Users periodically in accordance with the terms of
the Privacy Policy. In addition, Copterjobs reserves the right to comply, in
its sole discretion, with legal requirements, requests from law enforcement
agencies or requests from government entities, even to the extent that such
compliance may require disclosure of certain information collected from Users.
12. Questions and Notices: Questions concerning the use of the Site should be
directed to admin@copterjobs.com.
13. General: Copterjobs contact information is listed on the Site. The
Copterjobs makes no claims that the content is appropriate or may be
downloaded outside of the United States. Access to the content may not be legal
by certain persons or in certain countries, and such persons have no right to
access or use the Site. If you access Copterjobs from outside of the United
States, you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction. This Agreement and your Service Agreement, if you
have one, are governed by the internal substantive laws of the State of
Hawaii, without respect to its conflict of laws principles. Jurisdiction for
any claims arising under this Agreement or your Service Agreement shall lie
exclusively with the state or federal courts in the State of Hawaii. The sole
relationship between You and Copterjobs is that of independent contractors.
If any provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of all or part of a provision shall not
affect the validity of the remaining parts and provisions of this Agreement,
which shall remain in full force and effect. All provisions of this Agreement
shall survive termination except those granting access or use to the Site, and
you shall cease all your use and access thereof immediately. You may not assign
or transfer your obligations under this Agreement. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided by Copterjobs in a particular "Legal
Notice," or software license or material on particular Web pages of the Site,
this Agreement and your Service Agreement where applicable, constitute the
entire agreement between you and Copterjobs.
Exhibit A -House Rules regarding Posting, Conduct and Security
Copterjobs, LLC is the sole interpreter of these rules. Users who violate these
rules may have their access and use of the Site suspended or terminated, at
Copterjobs's discretion. Copterjobs reserves the right to change these
rules in accordance with the amendment policy in the Terms and Conditions to
which this Exhibit A is attached.
A1. Posting Rules:
(a) Your Document may not contain: (i) URLs or links to Web sites (to advertise
your company or Web site, see our Advertising Info page.); (ii) copyrighted
material (unless you own the copyright or have the owner's permission to post
the copyrighted material); (iii) trade secrets (unless you own them or have the
owner's permission to post them); (iv) material that infringes on or
misappropriates any other intellectual property rights, or violates the privacy
or publicity rights of others; (v) keywords or white text keywords (including
any words embedded in the Document and hidden from the User); (vi) anything that
is sexually explicit, obscene, libelous, defamatory, threatening, harassing,
abusive, or hateful; or (vii) anything that is embarrassing or offensive to
another person or entity.
(b) You may not use your document(s) to: (i) impersonate another person, living
or dead; (ii) post false, inaccurate or misleading information; (iii) post
advertisements or solicitations of business (including, but not limited to,
Email Processors, Project 21, franchises, "club memberships," distributorships,
or anything requiring a monetary investment by the User, including a request for
payment to obtain job listings); (iv) post chain letters or pyramid schemes; or
(v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the
User the nature and requirements of the job opportunity, or your qualifications
as a candidate for employment. Documents that encourage the User to "email for
more details" are not permitted. Documents from any third party charging a fee
or restricting complete access to all resume information are prohibited.
(d) Job postings must be individual openings for traditional, W-2 or 1099
employees.
(e) Resume postings must contain the accurate resume of a living individual
seeking employment on a full-time, part-time, or contractual basis on his or her
own behalf.
(f) Copterjobs is under no obligation to monitor the documents posted on the
Site, but it may monitor documents at random. Documents found to violate the
above Posting Rules may be removed at copterjob's discretion.
A2. Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any
purpose other than that which is expected (i.e., to apply for the job or to
initiate further discussion with the candidate). Communications soliciting the
employer's business by our competitors are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the
confidentiality of your information and password. You are responsible for all
uses of your registration, whether or not authorized by you. If others use your
password to post inappropriate material on the Site, you risk losing your access
to the Site. You agree to notify Copterjobs immediately of any unauthorized
use of your registration and password.
(d) Report inappropriate postings or conduct to admin@copterjobs.com
(e) You may not delete or revise any material posted by any other person or
entity.
(f) If at any time during the term of this agreement Copterjobs comes to the
understanding that you misled Copterjobs of your business practices
and/or services, or purchased services that do not represent your precise
business, Copterjobs reserves the right to terminate this agreement.
(g) Copterjobs is under no obligation to monitor the conduct of its Users,
but it may investigate and respond when violations are reported.
A3. Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of
the Site, including, without limitation: (i) accessing data not intended for
such User or logging into a server or account which the User is not authorized
to access; (ii) attempting to probe, scan or test the vulnerability of a system
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 submitting a virus to the
Site, overloading, "flooding", or "crashing"; (iv) sending
unsolicited e-mail, including promotions and/or advertising of products or
services; (v) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. Violations of system or network
security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability.
CareerBuilder will investigate occurrences which may involve such violations and
may involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations.
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