Terms Of Use

Effective Date: January 1, 2018


YOUR ACCEPTANCE

Please read these Terms of Service (the “Terms”) carefully because they are legally binding on you even if you are simply browsing the Site without registering an account. By visiting PostingNow.com (the “Site,” “We,” “Us,” or “Our”), you agree to be bound and abide by these Terms of Service, as well as our Privacy Policy available at http://PostingNow.com/privacypolicy. If you do not agree to any provision of these Terms of Service or the Privacy Policy, you must exit the Site. We update these Terms of Service every once in a while whenever we feel appropriate, without prior notice to you. The date of the last update is indicated at the top of this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Service constitutes your acceptance of the changes.

DISCLAIMERS

Neutral Venue. Our Site is a platform that allows users to search and apply for jobs, post cover letters, resumes and network with other users. It also allows employers to post and promote their company profiles and products. The Site is a neutral online platform that does not play an active role in agreements and arrangements between its users. As a neutral venue, we are not a party to any member agreements and have no control over user conduct. Therefore, we disclaim all liability arising out of or related to user agreements, conduct and services purchased and performed. We are not liable for any property damage, bodily injury or death of the Site user or any third party. Under no circumstances will the site be liable for any amounts exceeding the collected service charge for the three months preceding the time when the claim arose.

Site Content. You understand that all content uploaded to or linked from the Site is the sole responsibility of the originator of such content. Content is provided through the Site “AS IS,” with no warranties of any kind and you hereby agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall the Site be liable for any content or for any loss or damage of any kind incurred as a result of the use of or reliance on any content made available. You acknowledge that the Site shall have the right (but no obligation), at its sole discretion, to refuse, modify, delete or move any content, for any reason.

Intellectual Property. Site contents and features, images, information, video, registered and unregistered trademarks are the exclusive property of our Site, its users and content suppliers. Site content is protected by the US and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.  You may not republish the contents of this Site, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

Your Content. By submitting any content to us, including but not limited to profile information, resume, comments, posts, you are granting us a nonexclusive, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute (including for advertising/promotional purposes) such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You shall be solely responsible for the content you submit to or through our Site. You represent and warrant that you own or have the necessary rights, licenses and permissions to publish your content and to grant us the license to use such content as contemplated by these Terms of Service. We do not undertake to screen user submitted content for truth, accuracy and intellectual property rights infringement. Publication of user submitted content on our Site does not constitute our endorsement of such content.
 

YOUR RESPONSIBILITIES

By using this Site, you represent and warrant that you are of legal age and have a full capacity to form a legally binding contract.

You must only provide correct, current and complete information to the Site.

Anybody who accesses the Site through your Internet connection must be aware of these Terms of Service, and that they comply with them.

You must treat your login credentials confidential. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation.

By accessing our Site via a mobile device, you acknowledge that we may receive the information regarding your mobile carrier and geolocation data.

 

MEMBERSHIP

There are two basic types of registration: Employer and Candidate. Employer may search for Candidates and solicit job offers. Prior to hiring, Employer can evaluate Candidates by reviewing education, work history, volunteer services, qualifications, references and profile summary including test scores. Candidate is a person in search of potential employment. Each Candidate has a unique profile to show the skills, credentials, and past jobs. Candidates have the right to refuse any job offer.

Employers and Candidates can create free profiles. However, if the Employer wants to list job openings and opportunities, the Employer must purchase a monthly subscription plan via a credit card or PayPal account. Monthly subscription plans come with a seven-day free trial. If the Employer does not cancel within the initial seven-day free trial period, the Employer will be charged for the subscription plan purchased on a recurring basis.

All information submitted to and/or through the Site must be true, accurate and not misleading. You will not be able to register without filling in the mandatory fields. If you cancel your account or your account is terminated, all your account information, including resumes, profiles, cover letters, questionnaires and other documents will be deleted from databases and will be removed from any public area of the Site. Third parties may retain saved copies of your information.

PROHIBITED CONDUCT

You agree not to use the Site for any illegal purpose. Solicitation of anything sexual in nature is not allowed on or through the Site. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.

You must not:

  • Attempt to gain unauthorized access to any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Use a false name for registration.
  • Send any advertising or promotional material, unsolicited mass communication without our prior written consent.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Use any device, software or routine that interferes with the proper working of the Site or anybody’s use and enjoyment of it.

 

USER DISAGREEMENTS

As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions and arrangements. You are solely responsible for your interactions, agreements and disputes with other users. The Site reserves the right, but has no obligation, to facilitate disputes between its users. You may submit your complaints to us to TeamPostingNow@PostingNow.com

INDEMNIFICATION

You agree to indemnify and hold the Site (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages arising out of or related to a breach of these Terms of Service, or your violation of any law or the rights of a third party.

TERMINATION

We have the right to take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Service, infringes any intellectual property right or other right, and threatens the personal safety of users of the Site and the public. We may:

  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Service.
  • Block violator’s IP address and/or notify his or her Internet Service Provider.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.  

 

DISCLAIMER OF WARRANTY

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, PRODUCTS, OR STATEMENTS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE SHALL NOT EXCEED $100. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE DATE WHEN THE RELATED CAUSE OF ACTION AROSE.


GENERAL

Governing Law and Jurisdiction. The Site and the Terms will be governed by, and construed in accordance with, the laws of New York, with the exclusion of its principles of conflicts of laws which would permit the application of laws of another jurisdiction. Any litigation, dispute or claim arising from or related to the use of the Site shall be subject to the jurisdiction of the courts sitting in New York City, NY, and you hereby accept to submit to the exclusive jurisdiction of those courts.

Hyperlinks. You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Severability. Should any part of these Terms of Service be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect. Enforcement of these Terms of Service is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances.

Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Service, at our sole discretion, without obtaining your consent.
Contact Information. Please submit all comments, requests and questions relating to the Site to TeamPostingNow@PostingNow.com