Job Seeker 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
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. If you are an employer using
the Site, you may have entered into a Service Agreement with MyOpenJobs, LLC, in
which case these Terms and Conditions are part of and incorporated into that Service
Agreement. These Terms and Conditions are effective as of July 15, 2008.
2. Binding Agreement. These Terms and Conditions, together with
all Exhibits to these Terms and Conditions (as they may be amended from time to
time by MyOpenJobs, LLC) form a binding agreement (the "Agreement") between you
and MyOpenJobs, 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. Definitions. The following definitions apply to this Agreement:
Web Site" or the "Site": includes www.hvacagent.com
in its entirety and its related sites owned or operated by MyOpenJobs, LLC, and
includes their Content, Text, Graphics, Design, Programming and Services as applicable
in the context.
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,
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.
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 MyOpenJobs, LLC 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 MyOpenJobs, LLC's intended
and acceptable use of the Site. MyOpenJobs, LLC is the sole interpreter of the Siteï¿½s
intended and acceptable use
4.2 License to Use by Users who are Job Seekers. MyOpenJobs, LLC 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. MyOpenJobs, LLC reserves the right to suspend
or terminate that privilege for any reason at any time, in its sole discretion.
4.3 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.
5. Intellectual Property Rights. The Site and all right, title and interest in and
to the Site is the sole property of MyOpenJobs, 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, MyOpenJobs, LLC 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. "HVAC Agent,"
design logo and certain other names or logos are service marks or trademarks of
MyOpenJobs, LLC, and all related product and service names, design marks and slogans
are the service marks or trademarks of MyOpenJobs, LLC. 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 MyOpenJobs, LLC'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 MyOpenJobs, LLC's Liability.
6.1 Allocation of Responsibility MyOpenJobs, LLC assumes no responsibility for Documents
posted by Users and no responsibility for the activities, omissions or other conduct
of Users. MyOpenJobs, LLC 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, MyOpenJobs, LLC may investigate the allegation and determine
in good faith and in its sole discretion whether to remove or request the removal
of such Document. MyOpenJobs, LLC has no liability or responsibility to Users for
performance or nonperformance of such activities. MyOpenJobs, LLC 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 MyOpenJobs, LLC. 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. MyOpenJobs, LLC 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. MyOpenJobs,
LLC 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 PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MyOpenJobs, LLC, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIESï¿½ RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE. MyOpenJobs, LLC MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing: (i) MyOpenJobs, LLC DOES NOT WARRANT THAT
THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF 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, MyOpenJobs,
LLC IS NOT RESPONSIBLE FOR THOSE COSTS. (ii) MyOpenJobs, LLC 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) MyOpenJobs, LLC 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, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF. (a) YOU ASSUME
ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND
THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL MyOpenJobs, LLC (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT 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, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT MyOpenJobs, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH
IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR
UNENFORCEABLE FOR ANY REASON, THEN MyOpenJobs, LLC'S MAXIMUM LIABILITY TO YOU FOR
ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL MyOpenJobs, LLC (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES
IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES
AGREEMENT WITH MyOpenJobs, LLC, THE AMOUNTS ACTUALLY PAID BY YOU TO MyOpenJobs,
LLC UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree
that MyOpenJobs, LLC will be entitled to equitable relief upon a breach of this
agreement by you.
7. Links to Other Sites.
contains links to third party web sites. These links are provided solely as a convenience
to you and not as an endorsement by MyOpenJobs, LLC of the contents on such third-party
web sites. MyOpenJobs, LLC 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.
8. Amendments to this Agreement and Changes to Site. MyOpenJobs, LLC may revise
this Agreement s 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 MyOpenJobs,
LLC unless MyOpenJobs, LLC agrees to them in a signed writing specifically including
those new or different terms. MyOpenJobs, LLC may change the Site at any time.
9. Indemnity. You agree to defend, indemnify, and hold harmless MyOpenJobs, LLC
(and its officers, directors, employees and agents) 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. MyOpenJobs,
LLC 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.
MyOpenJobs, LLC's on-line operations only. Please note, as set forth in the Privacy
Policy, that MyOpenJobs, LLC may collect certain personal information from Users
In addition, MyOpenJobs, LLC 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. MyOpenJobs reserves the right to offer third party
services and products to You based on the preferences that You identify in Your
registration and at any time thereafter or you have agreed to receive, such offers
may be made by MyOpenJobs or by third parties.
11. Questions and Notices. Questions concerning the use of the Site should be directed
to firstname.lastname@example.org. Notices shall
be sent, for MyOpenJobs, LLC, to the address listed on the Site, and, for you, to
the address submitted by you or such other address as MyOpenJobs, LLC reasonably
determines is an appropriate address for you.
12. General. MyOpenJobs, LLC contact information is listed on the Site. MyOpenJobs,
LLC 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
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 Texas, 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 Texas. The sole relationship
between You and MyOpenJobs, LLC 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
MyOpenJobs, LLC 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 MyOpenJobs, LLC.
MyOpenJobs, 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 MyOpenJobs,
LLC's discretion. MyOpenJobs, LLC reserves the right to change these rules in accordance
with the amendment policy in the Terms and Conditions.
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 discriminatory, 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
(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) 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.
(e) MyOpenJobs, LLC 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 MyOpenJobs, LLC'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
MyOpenJobs, LLC immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to
(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 MyOpenJobs, LLC comes to the
understanding that you: (i) misled MyOpenJobs, LLC of your business practices and/or
services, or (ii) purchased services that do not represent your precise business,
MyOpenJobs, LLC reserves the right to terminate this agreement.
(g) MyOpenJobs, LLC 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",
"mailbombing" 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.
MyOpenJobs, LLC 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.