Terms and Conditions

Job Posting Agreement:

This Job Posting Agreement (this "Agreement") is by and between the undersigned member ("Member") and MyOpenJobs, LLC ("Company"). Company agrees to make available to Member, candidate profiles and/or resumes from our database ("Potential Candidate") that most closely meet the criteria specified by Member in the employers job postings (the "Services"). Notwithstanding anything to the contrary contained herein, Member understands and agrees (a) that by providing the Services hereunder, Company has not undertaken to act as Member's representative in dealing with any person represented by a resume delivered hereunder ("Candidate") and will not be Member's or Candidate's advocate in any way; (b) that Member is responsible for negotiating all financial arrangements directly with Candidates, and to seek all remedies and redress directly from the Candidate in the event of any dispute with respect to the placement of any Candidate; (c) that Member is solely responsible for conducting criminal and other background checks on Candidates; and (d) that Company relies solely upon information provided by Candidates to Company with respect to their individual abilities and skills, and that Company has no duty to independently verify any Candidate information. Member represents that the Services will be used solely for the purpose of searching for appropriate candidates for positions within Member's organization and for no other purpose.

Job Postings Credits:

All Job Posting Credits purchased ("Credits") shall be paid in immediately available funds, shall be fully earned when received, and are non-refundable. One (1) Credit equals one (1) Job Posting. Credits purchased are valid for a period of one (1) year from the purchase date. Each individual Job Posting provided by Member shall remain active for a period of (30) thirty days from the date it is received by Company and will automatically be removed from Company website(s) at the end of the (30) thirty day period. Member may remove a Job Posting prior to the end of that period by providing notice to Company. Each Job posting is limited to one (1) specific position type and one (1) specific location/metropolitan area as defined by the postal code (zip code) provided by Member.

Credit may be used to post jobs on any of the following web sites operated by Company: www.hvacagent.com, www.plumbingagent.com, www.electricalagent.com, www.facilityagent.com and www.justdispatchers.com, and for any location within the United States or Canada.

Default: Each of the following shall be deemed to be a "Default" hereunder: (a) Member fails to pay to Company, when due or declared due, any fees or payments required under this Agreement; (b) Member shall fail to perform, observe, or comply with any covenant, agreement, or term contained in this Agreement; (c) There shall be commenced by Member or against Member any voluntary or involuntary proceeding seeking liquidation, reorganization, or other relief with respect to itself or its debts under any bankruptcy, insolvency, or other similar law now or hereafter in effect.

Remedies Upon Default: Upon the occurrence of any Default, Company may, but shall not be obligated to, without notice terminate the Services and declare all fees and other amounts due and owing hereunder (which includes, if terminated, fees for Credits) or any part thereof to be immediately due and payable, and the same shall thereupon become immediately due and payable, without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Member; provided, however, that upon the occurrence of a Default under part (c) of the immediately preceding paragraph , the Services shall automatically terminate, and all fees and other amounts due and owing hereunder shall become immediately due and payable without notice, demand, presentment, notice of dishonor, notice of acceleration, notice of intent to accelerate, notice of intent to demand, protest, or other formalities of any kind, all of which are hereby expressly waived by Member. If any Default shall occur and be continuing, Company may exercise all rights and remedies available to it in law or in equity, under this Agreement, or otherwise. Notwithstanding any other remedies available, in the event of a failure by Member to make any payments to Company when due, Company may, in its sole and absolute discretion, assess interest at an annual rate of 6% on the amount of any payment required hereunder which is more than fourteen (14) days past due.

Terms of Service:

All trademarks, copyrights, logos, and other intellectual property of Company, the contents of Company's web site (including without limitation all job postings, all Candidate profiles and/or Candidate resumes), and all elements which are a part thereof, and all intellectual and other proprietary rights therein, are and shall remain at all times the property of Company. Member hereby grants Company the right to publicly display job postings submitted by Member on its web site, on other web sites throughout the Internet, in print, or otherwise. Company specifically reserves the right to reject or revise any job posting or other content at any time for any reason, and may also require Member to edit or modify a posting for any reason at Company's discretion to comply with all applicable federal, state or local laws or regulations, standards, codes or ordinances, including all regulations promulgated by the U. S. Equal Opportunity Employment Commission (the "EEOC"), and other laws and regulations related to anti-discrimination, employment practices, and affirmative action. Member agrees that all postings will be for valid, open employment positions only. Member hereby grants Company the right to use Member's name in connection with Members job postings related to the Services described in this Agreement. Furthermore, Member hereby grants to Company the right and license to use, copy, modify and display such job postings and Member's trademarks and related branding on the MyOpenJobs web sites, and represents to Company that it has the right to grant such license. Notwithstanding any rights granted to Company in this paragraph, it is the sole obligation of Member to ensure that any job postings or other communications concerning open positions as well as its employment practices will at all times comply with applicable federal, state or local laws or regulations, standards, codes or ordinances, including all regulations promulgated by the EEOC.

Free Preview (Profile Alerts): Company relies solely upon the information provided by Candidates with respect to their individual abilities and skills, and has not independently verified any Candidate information provided. Furthermore, Company has no duty to independently verify any Candidate information. The results you receive from an actual job posting may differ from those shown on a Profile Alert with the FREE Preview based upon the expanded criteria available to you in the job order form, each candidates preferences listed in their account, their ability to block employers of their choice from receiving their information and the possibility that they may inactivate their profile prior to the job being listed.

Indemnification: MEMBER SHALL INDEMNIFY COMPANY AND EACH AFFILIATE THEREOF AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM, AND HOLD EACH OF THEM HARMLESS AGAINST, ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, PENALTIES, JUDGMENTS, DISBURSEMENTS, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) TO WHICH ANY OF THEM MAY BECOME SUBJECT WHICH DIRECTLY OR INDIRECTLY ARISE FROM OR RELATE TO (A) THE NEGOTIATION, EXECUTION, DELIVERY, PERFORMANCE, ADMINISTRATION, OR ENFORCEMENT OF THE SERVICES, (B) ANY OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, (C) ANY BREACH BY MEMBER OF ANY REPRESENTATION, WARRANTY, COVENANT, OR OTHER AGREEMENT CONTAINED IN THIS AGREEMENT, OR (D) ANY INVESTIGATION, LITIGATION, OR OTHER PROCEEDING, INCLUDING, WITHOUT LIMITATION, ANY THREATENED INVESTIGATION, LITIGATION, OR OTHER PROCEEDING, RELATING TO ANY OF THE FOREGOING. WITHOUT LIMITING ANY PROVISION OF THIS AGREEMENT, IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT EACH PERSON TO BE INDEMNIFIED UNDER THIS SECTION SHALL BE INDEMNIFIED FROM AND HELD HARMLESS AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, PENALTIES, JUDGMENTS, DISBURSEMENTS, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RESULTING FROM THE SOLE CONTRIBUTORY OR ORDINARY NEGLIGENCE OF SUCH PERSON.

Limitation of Liability: Neither Company nor any affiliate, officer, director, employee, attorney, or agent of Company shall have any liability with respect to, and Member hereby waives, releases, and agrees not to sue any of them upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by Member in connection with, arising out of, or in any way related to, this Agreement, or any of the transactions contemplated by this Agreement. Member hereby waives, releases, and agrees not to sue Company or any of Company's affiliates, officers, directors, employees, attorneys, or agents for punitive damages in respect of any claim in connection with, arising out of, or in any way related to, this Agreement, or any of the transactions contemplated by this Agreement.

THE SERVICES ARE PROVIDED "AS IS" AND COMPANY MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHERWISE WITH RESPECT TO ITS SERVICES OR THE SITES, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF. (EVEN IF COMPANY HAS BEEN MADE AWARE OF, OR SHOULD HAVE KNOWN, OF SUCH PURPOSE), PERFORMANCE, ACCURACY, TIMELINES, COMPLETENESS, AND ADEQUACY. MYOPENJOBS DOES NOT WARRANT THAT HVACAGENT.COM, PLUMBINGAGENT.COM, ELECTRICALAGENT.COM, FACILITYAGENT.COM, JUSTDISPATCHERS.COM, MYOPENJOBS.COM OR ANY OF THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION. COMPANY SHALL NOT BE LIABLE TO MEMBER OR CANDIDATE FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTIES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO ANY PARTY THAT HAS NOT SIGNED THIS AGREEMENT. THIS PARAGRAPH SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Miscellaneous Provisions:

a) This Agreement (1) shall be governed by the laws of the State of Texas (other than the conflicts of laws provisions thereof) and Member consents to the jurisdiction of the Federal or state courts in Denton County, (2) may be amended only by a writing signed by both parties and (3) constitutes the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties. The parties' rights and obligations will bind and inure to the benefit of their respective successors and permitted assigns. Member shall ensure that all of Member's employees and representatives using, or otherwise having access to, the Services do so only in accordance with this Agreement. The terms of this Agreement shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent.

b) This Agreement may not be assigned or transferred by Member without the prior written consent of Company.

c) Company shall have the right to pursue all available remedies to enforce this Agreement and obtain payment hereunder. Member shall be responsible for all costs and expenses associated with collection thereof, including attorney's fees, fees of collection agencies and other fees. If legal action is required to enforce or interpret any provision of this Agreement, the prevailing party shall recover from the other all costs and expenses incurred in the action, including reasonable attorney's fees.

d) Service of all written notices under this Agreement shall be sufficient if hand-delivered, faxed or mailed to the party at its respective address set forth above or at any other address the party may provide in writing from time to time. Any notice mailed shall be effective when deposited in the United States mail, duly addressed and with postage prepaid.

e) Member agrees that he/she has been given an opportunity to consult with an attorney of Member's choosing as to the terms and conditions of this Agreement and its attachments. By signature hereon, Member confirms that he/she has either conferred with counsel or understands the terms of this Agreement prior to signing.

f) If Member is a legal entity (partnership, corporation and/or trust), Member represents to Company that this Agreement, the transaction contemplated in this Agreement, and the execution and delivery hereof, (i) have been duly authorized by all necessary partnership, corporate or trust proceedings and actions, as applicable, including without limitation, action on the part of the directors, if Member is a corporation, and (ii) constitute legal, valid, binding and enforceable obligations of Member.

g) 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. Please see MyOpenJobs's Privacy Policy, for further details regarding Your Information.