This page states the "Terms
and Conditions" under which you may use PROGOVJOBS.COM. Please read
this page carefully. If you do not accept the Terms and Conditions
stated here, do not use this web site and service. By using this web
site, you are indicating your acceptance to be bound by the terms of
these Terms and Conditions.
Inc. (the "Company") may revise these Terms and
Conditions at any time 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:
The Company authorizes you to view
and download a single copy of the material on PROGOVJOBS.com (the "Web
Site") solely for your personal, noncommercial use.
The contents of this Web Site, such as 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 the Company or its content
suppliers or clients. The compilation (meaning the collection,
arrangement and assembly) of all content on this Web Site is the
exclusive property of the Company and protected by U.S. and
international copyright laws. Unauthorized use of the Material may
violate copyright, trademark, 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
You shall not copy or adapt the HTML code that the Company creates to
generate its pages. It is also protected by the Company’s copyright.
Acceptable Site Use:
General Rules: Users may not use
the Web Site in order to transmit, distribute, store or destroy material
(a) in violation of any applicable law or regulation, (b) in a manner
that will infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the
or other personal rights of others, or (c) that is defamatory, obscene,
threatening, abusive or hateful.
Web Site Security Rules. Users are prohibited from violating or
attempting to violate the security of the Web Site, including, without
limitation, (a) accessing data not intended for such user or logging
into a server or account which the user is not authorized to access, (b)
attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting
a virus to the Web Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising
of products or services, or (e) 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. The Company 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.
Specific Prohibited Uses:
The Web Site may be used only for
lawful purposes by individuals seeking employment and career information
and employers seeking employees. The Company specifically prohibits any
use of the Web Site, and all users agree not to use the Web Site, for
any of the following:
Posting any incomplete, false or inaccurate biographical
information or information which is not your own accurate resume
(living individual seeking employment on a full-time or part-time
basis on his or her own behalf).
Posting any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other
business opportunity which requires an up front or periodic payment,
pays commissions only (no significant salary), requires recruitment of
other members, sub-distributors or sub-agents.
Deleting or revising any material posted by any other person or
Using any device, software or routine to interfere or attempt to
interfere with the proper working of this Web Site or any activity
being conducted on this site.
Taking any action which imposes an unreasonable or
disproportionately large load on this Web Site’s infrastructure.
If you have a password allowing access to a non-public area of this
Web Site, disclosing to or sharing your password with any third
parties or using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this Web Site
other than the search engine and search agents available from the
Company on this Web Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of the
The Company is not affiliated with or a part of
any government and is a commercial company providing advertisement space
for all job seekers, commercial companies, corporations and government
agencies and departments.
When you register as member for the Web Site,
you will be asked to provide the Company with certain information
including, without limitation, a valid email address (your
"Information"). In addition to the terms and conditions that
and agree that the Company may disclose to third parties, on an
anonymous basis, certain aggregate information contained in your
registration application. The Company will not disclose to any third
party your name, address, e-mail address or telephone number without
your prior consent, except to the extent necessary or appropriate to
comply with applicable laws or in legal proceedings where such
information is relevant. The Company 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; such offers
may be made by the Company or by third parties. Please see the Company’s
As a user, you are responsible for
your own communications and are responsible for the consequences of
their posting. You must not, and by using this Web Site you agree not
to, do the following things: post material that is copyrighted, unless
you are the copyright owner or have the permission of the copyright
owner to post it; post material that reveals trade secrets, unless you
own them or have the permission of the owner; post material that
infringes on any other intellectual property rights of others or on the
privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to
another user or any other person or entity; post a sexually-explicit
image or statement; post advertisements or solicitations of business,
post chain letters or pyramid schemes; impersonate another person; or
post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information.
The Company 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.
The Company acts as a passive conduct 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, the Company may investigate the allegation and determine in
good faith and its sole discretion whether to remove or request the
removal of the communication. The Company has no liability or
responsibility to users for performance or nonperformance of such
activities. The Company 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. The Company 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 the Company or may cause the Company 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 message boards, forums, contests and chat rooms, you
grant the Company and its affiliates the loyalty-free, perpetual,
irrevocable, sub-licensable (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.
Registration and 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 the Company of any unauthorized use of your registration or
The Company’s Liability:
PROGOVJOBS.COM is a venue only. This
Web Site acts as a venue for employers to post job opportunities and
candidates to post resumes and does not screen or censor the listings
offered. The Company is not involved in the actual transaction between
employers and candidates. As a result, the Company has no control over
the quality, safety or legalities of the jobs or resumes posted, the truth
or accuracy of the listings, the ability of employers 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, PROGOVJOBS.COM
cannot and does not confirm that each user is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or
control the behavior of participants on PROGOVJOBS.COM, in the event that
you have a dispute with one or more users, you release the Company (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.
We are under no legal obligation to, and generally do not, control
the information provided by other users which is made available through
the Web Site. 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. The
Company 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 or material contained therein
placed by you on the Web Site. Employers are solely responsible for
their postings on the Web Site.
The Company is not to be considered to be an employer with respect to
your use of the Web Site and the Company shall not be responsible for
any employment decisions, for whatever reason made, made by any entity
posting jobs on the Web Site.
THE COMPANY 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, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages:
IN NO EVENT SHALL THE COMPANY, ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA
OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE
WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites:
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 the Company of the contents on such
third-party Web sites. The Company 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
No Resale or Unauthorized Commercial Use:
You agree not to resell or assign
your rights or obligations under these Term of Use. You also agree not
to make any unauthorized commercial use of the Web Site.
Limitation of Liability:
The aggregate liability for the
Company to you for all claims arising from the use of the Materials is
limited to $100.
The Company reserves the right, at
its sole discretion, to pursue all of its legal remedies, including but
not limited to deletion of your postings 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 the Company, upon
any breach by you of these Terms and Conditions or if the Company is
unable to verify or authenticate any information you submit to the Web
Site registration with or ability to access the Web Site.
You agree to defend, indemnify, and
hold harmless the Company, 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. The Company 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.
The Company makes no claims that the Materials may be lawfully viewed or
downloaded outside of the United States. Access to the Materials may not
be legal by certain persons or in certain countries. 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 California, 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
County of Orange, California. 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 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 the Company
with respect to the use of Web Site. No changes to these Terms and
Conditions shall be made except by a revised posting on this page.
Additional Terms and
Certain areas of this Web Site are
to such areas.
Returns / Refunds Policy:
Services paid for but not activated are fully refundable within 7 days. Services started are fully refundable within 24 hours by contacting customer support using our contact us page from the bottom of any of the Company's web pages at our discression.
No refunds are offered after a service has been started or used. If the service is not available due to website, server availability or errors, a service extension or future credit maybe offered by the Company at its discression, but no refunds are offered beyond that as the service is considered used or utilized.
Service Delivery Methods:
All services are delivered electronically, and no physical item or product is shipped or made available. Services such as advertising space purchased is delivered by reserving space on certain areas of the website and made available for others to see. The placement in location and when to whom it is displayed is per discression of the Company. Each service has a time-span of availaibility with a start of service no earlier than the purchase date, with an end date specified at purchase time before purchase is made in minimum number of days until either the number of days has expired, or customer chooses to terminate the service early. Early terminated services are still considered in whole used and no partial refund or prorating is offered. Some services maybe delievered by electronic mail, or made available for download of an electornic document in a number of common file formats. Once the delievery method is triggered or activated, the delivery of the service or product is considered completed. If the delivered service or product has any technical difficulty, the customer may contact customer support for re-delivery by Company's selected electornic means at its discretion.