These "Terms and Conditions" govern your use of Thejobtool.com’s Network of Career Sites. They also provide notice of Thejobtool.com's policies, relating to Membership, Job Posting, Billing, and Acceptable Use. Please read these carefully.

If you do not accept the Terms and Conditions stated here, do not use TheJobTool.com or any of Thejobtool.com’s Network of Career Sites. By using any of the services found at www.theJobtool.com or any of Thejobtool.com’s Career Sites, you are indicating your acceptance to be bound by these Terms and Conditions. We reserve the right to revise these Terms and Conditions at any time at our sole discretion 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 who are accessing this web site for any reason.

USE OF MATERIAL

The contents of this Web Site, such as the "look" and "feel" of the Web Site, text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademark and other laws. As between you and Thejobtool.com, all Material is the exclusive property of Thejobtool.com or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Thejobtool.com and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. You must retain all copyrights, trademarks, service marks, 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 prohibited.

You shall not copy or adapt the HTML or other code that TheJobTool.com creates to generate its pages. It is also protected by Thejobtool.com's copyright.

PROHIBITED SITE USE

In connection with your use of the Web Site, you will not:

• Post, transmit, distribute, store, upload, or destroy material knowingly (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
• Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, or obscene, tortious otherwise objectionable or that may invade another's right of privacy or publicity.
• Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the resume of an individual other than yourself).
• Delete or modify any material posted by any other person or entity not related to you.
• Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register. Knowingly violate or attempt to violate the security of the Web Site, including, without limitation knowingly: accessing data not intended for such user or logging into a server or account that the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mail bombing" or "crashing", promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Thejobtool.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
• Knowingly take any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
• Except as permitted hereunder, aggregate, copy or duplicate in any manner any of the materials or information available from the Web Site, with out prior written consent.

SPECIFIC DAMAGES

In light of the difficulties in proving a violation of these Terms and Conditions, the costs associated with proving a violation of these Terms and Conditions and the injury to Thejobtool.com that results from a violation of these Terms and Conditions, you acknowledge and agree that you will pay to thejobtool.com a sum of not less than $150.00 for each violation of these Terms and Conditions and the Acceptable Site Use provisions and Prohibited Site Use provisions contained therein. For purposes of this section, each individual instance of unauthorized copying, distributing, or use of Thejobtool.com’s property, including but not limited to, individual resumes and individual job ads, each individual instance of spamming through the use of information obtained from the website, each individual resume spidered from the website and each instance of electronic downloading of a resume from the website shall constitute a separate and distinct violation of these Terms and Conditions and you, therefore, agree to pay to a sum of not less than $150.00 for each such violation.

COSTS ASSOCIATED WITH THE ENFORCEMENT OF THESE TERMS & CONDITIONS

The user further agrees to be responsible for all costs incurred by TheJobTool.com in enforcing these Terms and Conditions. Such costs include, but are not limited to, Thejobtool.com’s reasonable attorneys' fees, all litigation costs associated with the enforcement of these Terms and Conditions, all fees paid to experts in determining, proving and litigation any violation of these Terms and Conditions and any other costs incurred by TheJobTool.com in the enforcement of these Terms and Conditions.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, as if entered into and to be wholly performed in California and without regard to California conflicts of law principles, and any claim or suit arising out of or relating to these Terms and Conditions may be brought and maintained only in a court of competent subject matter jurisdiction in the State of California, with each party hereby voluntarily submitting to the personal jurisdiction thereof.

USER SUBMISSIONS

Thejobtool.com 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.

By submitting content to any public or non-public area of the Web Site, including but not limited to: job postings, resume postings, message boards, forums, contests, chat rooms, testimonials areas, you grant Thejobtool.com and its affiliates the royalty-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.

MEMBERSHIP and BILLING

Thejobtool.com offers various levels of memberships for its users. The following details the rules governing membership and billing:

Thejobtool.com may offer Job Seekers, Candidates, and Resume Posters enhanced membership services either through Thejobtool.com or other third-party providers. Such enhanced services may include but are not limited to: upgraded resume positions posting, career matching, resume creation, mass resume distribution, third party reference checking, etc. These services may be offered on a pay-for-use basis. User agrees by accessing these services to be responsible for all fees associated with said services and that since these services are delivered on a pay for use basis that user waives any and all rights to refunds once they have accessed and or used such services.

Employer/Recruiter Subscriptions Thejobtool.com charges users for access to post jobs and view resumes. Users may select a resume database membership with a variety of minimum commitment terms from 6 months to 12 months. All memberships are billed monthly to the user's credit card on the established monthly renewal date on an automatically recurring basis. Exceptions to this billing arrangement are for paid-in-full package pricing.

It is the responsibility of the member to keep all credit card information on file with thejobtool.com, failure to do so may result in termination of membership. All accounts where the credit card is declined for any reason will cause the entire contract value to become due a payable immediately. In addition, all credit card declines subject the user to an additional $25.00 processing fee. In the event that the user's registered credit card is unable to be charged for the contracted fees, you acknowledge and agree that you will be responsible for all costs incurred by Thejobtool.com as a result of sending your account to a collection agent. These costs include but are not limited to reasonable attorney fees and 3rd party collection fees incurred. In addition, accounts unable to be charged for the contracted fees will have all outstanding job postings suspended/deleted until which time the account is brought current in accordance with contracted terms.

TheJobTool.com may offer Employer / Recruiter Users enhanced membership services either through Thejobtool.com or other third-party providers. Such enhanced services may include but are not limited to: upgraded job posting positioning, mass job distribution, third party reference checking, etc. These services may be offered on a pay-for-use basis. User agrees by accessing these services to be responsible for all fees associated with said services and that since these services are delivered on a pay for use basis that user waives any and all rights to refunds once they have accessed and or used such services.

* Job Ad Packages All job ad credits associated with a resume database membership will expire at the earliest of the initial membership termination date or termination date of the membership by Thejobtool.com. By way of example, job ad credits for a 6 month membership will expire on the last day of the 6th month. Likewise, the job ad credits associated with a 24 month membership will expire on the last day of the 24th month. Subsequent renewals under the month to month provisions will not extend the term of job ad credits.

All accounts regardless of term commitment will not be entitled to a refund of any kind.

Thejobtool.com LIABILITY

Thejobtool.com and its network of career sites is only a venue. The Web Site acts as a venue for (i) companies to post job opportunities and (ii) for candidates to post their own resumes for the purpose of evaluating job opportunities for themselves. We do not screen or censor the profiles or other information. We are not involved in the actual transaction between Member Companies and / or companies and candidates. As a result, we have no control over the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings, the ability of companies 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, we cannot, and do not, confirm that each user is who they claim to be. Because we cannot, and do not, become involved in user-to-user dealings or control the behavior of participants on Thejobtool.com Web Sites, in the event that you have a dispute with one or more users, you release TheJobTool.com (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. If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

You acknowledge that we do not control, and are not under any legal obligation to control the information that is made available through theJobtool.com web sites, and is provided by other users. 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. We make 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.

NO RESALE OR UNAUTHORIZED COMMERCIAL USE

You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized commercial use of the Web Site.

TERMINATION

Thejobtool.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information 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 Thejobtool.com, upon any breach by you of these Terms and Conditions or if we are unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.

ADDITIONAL TERMS OF USE

Certain areas of this Web Site are subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Questions concerning Thejobtool.com's Terms and Conditions, should be addressed via email to memberinfo@thejobtool.com.