1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of www.nbn-jobs.com, www.searchbankingjobs.com, www.searchaccountingjobs.com or any site owned by NBN Inc. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use this Site. These Terms and Conditions are effective as of May 30, 2007.
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 NBN Inc) form a binding agreement (the “Agreement”) between you and NBN Inc. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use this Site at your own risk.
4. Acceptable Use of the Site.
4.1 General Use of the Site. The Site is intended for individuals seeking employment and for our members seeking candidates for employment. Using the Site to solicit our members is strictly prohibited. You may use this Site only for lawful purposes within the stated context of NBN Inc’s intended and acceptable use of the site. NBN Inc is the sole interpreter of the Site’s intended and acceptable use.
4.2 License to Use by Users who are Job Seekers. NBN Inc 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 Documents you post on the Site and any consequences arising from such posting. Your use of the Site is a privilege. NBN Inc 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 you use 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 NBN Inc and is protected by U.S. copyright and international treaties. Except for the limited use rights expressly granted to you in these Terms and Conditions, NBN Inc 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 and commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site, “NBN Inc” the NBN Inc design logo and certain other names or logos that are service marks or trademarks of NBN Inc, and all related products and service names, design marks and slogans are the service marks on trademarks of NBN Inc. In addition, the “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all graphical elements) are also protected by NBN Inc’s trademarks, service marks and copyrights.
6. Disclaimers and Limitations on NBN Inc’s Liability.
6.1 Allocation of Responsibility. NBN Inc assumes no responsibility for Documents posted by Users and no responsibility for the active omissions or other conduct of Users. NBN Inc 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, NBN Inc may investigate the allegation and determine in good faith an in its sole discretion whether to remove or request the removal of such Document. NBN Inc has no liability or responsibility to Users for performance or nonperformance of such activities. NBN Inc 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 NBN Inc. 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. NBN Inc is not an employment agency or recruiting firm, and makes no representations or guarantees regarding the effectiveness of timeliness of the Site in meeting the employment objectives of Users. NBN Inc 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 decision whatever reason made, made by a User.
6.4 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, NBN INC TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. NBN INC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing: (i) NBN INC 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, NBN INC IS NOT RESPONSIBLE FOR THOSE COSTS. (ii) NBN Inc makes no representation 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) NBN Inc 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 NBN INC (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 EMPLOYENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FORM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILILTY 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 NBN INC 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 DAMAGE, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN NBN INC MAXIMUM LIABILITY TO YO UFOR ANY NON-DIRECT TYPE OF DAMAGE SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL NBN INC (OR ANY OF ITS OFFICES, DIRECTORS, SHAREBHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $200.00 (OR, IF YOU’RE AN EMPLOYER WITH A SERVCIES AGREEMENT WITH NBN INC, THE AMOUNTS ACTUALLY PAID BY YOU TO NBN INC UNDER THIS AGREEMENT IF GREATER THAN U.S. $200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that NBN Inc will be entitled to equitable relief upon a break of this agreement by you.
8. Links to other sites. NBN Inc sites, contain links to 3rd party websites, these links are provided as a convenience to you not an endorsement by NBN Inc of the contents on such third-party web sites. NBN Inc 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 access linked third-party web sites, you do so at your own risk.
9. Amendments to this Agreement and Changes to Site. NBN Inc may revise this Agreement 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 Site will be considered acceptance by you of 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. Unless NBN Inc agrees to them in a signed writing specifically including those new or different terms. NBN Inc may change the Site at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless NBN Inc (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 this Site, any Document posted by you, or your breach of this Agreement. NBN Inc 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 claims, suit or proceeding.
11. Questions and Notices. Questions concerning the use of the Site should be directed to VP Member of Services, firstname.lastname@example.org. Notices shall be sent, for NBN Inc to the address listed on the Site, and, for you, to the address submitted by you or such other address as NBN Inc reasonably determines an appropriate address for you.
12. General. NBN Inc contact information is listed on the Site. NBN Inc makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may be legal by certain persons or in certain countries, and such persons have no right to access or use this Site. If you access NBN Inc from outside 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 Virginia, 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 Virginia. The sole relationship between you and NBN Inc is that of independent contractors. If any provision of this Agreements is found to be invalid by any court having competitive 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 to use the Site, you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waived 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 NBN Inc in a particular “Legal Notice”, or software license or material on particular Web pages of the Site, this Agreement and your Service Agreement were applicable, constitute the entire agreement between you and NBN Inc.
Exhibit A- House Rules regarding Posting, Conduct and Security NBN Inc 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 NBN Inc’s discretion. NBN Inc reserves the right to changes these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.
A1 Posting Rules:
(a) Your Document may not contain: (i) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful (ii) anything that is embarrassing or offensive to another person or entity.
(b) Your may not use your Document(s) to: (i) impersonate another persona, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business 9including, but not limited to, Email Processors, Project 21, franchises, “club membership” 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 options or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirement 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 form 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) NBN Inc is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents which violate the above Posting Rules may be removed at NBN Inc’s discretion.
A2 Conduct Rules:
(a) Communications soliciting the members business by our competitors and other recruiters 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 the 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 NBN Inc immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to NBN Inc.
(e) You may not delete or revise any material posted by any other person or entity.(f) NBN Inc 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 limitations: (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”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet head 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. NBN Inc will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorieties in prosecuting Users who are involved in such violations.