Yahoo! HotJobs Service Agreement
WHEREAS your company ("You" or "Your") desires to purchase, and HotJobs.com, Ltd. ("HotJobs") desires to provide to You, subject to the terms and conditions set forth herein, certain services (the "Services") on the HotJobs.com Website;
THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, You and HotJobs agree to the following terms and conditions which shall apply to Your use of the Services and to any content submitted by You hereunder (the "Materials").
The following are general requirements for the Services:
The following are general requirements for the job listings ("Job Ads") submitted by You:
The following is a general prohibition for access to the résumé database:
You acknowledge acceptance of the fee(s) set forth on the HotJobs Website for the Services purchased hereunder. By electing to pay for Your Services with a credit card, You or Your designated billing agent hereby authorize HotJobs to charge the credit card provided for the total price of the Services. There is no refund for unused Services.
HotJobs’ résumé database is a private database for use only by registered users who purchase such access. A registered user is defined as one unique user with one unique password. Each password is for the sole use of the named registered user while You employ such registered user. If You share Your passwords with non-registered users, HotJobs may revoke all passwords without refund. You agree to notify HotJobs promptly after the departure of any person to whom You provided a password, and HotJobs reserves the right to cancel such password and issue a new password in lieu thereof. HotJobs reserves the right to periodically change issued passwords. In addition, You agree that You will use résumés (i) You find on the HotJobs Website, (ii) submitted to Your Job Ads or (iii) provided as recommendations based on Your Job Ads for Your recruiting purposes only, and You will not share them with any person not employed by You for any purpose.
In preparing and submitting Materials and using the Services, You will abide by all applicable laws, rules and regulations, including privacy and equal opportunity laws, and You will not use the Services (including the HotJobs Website) to commit a crime, libel, slander, obscenity, indecency, intellectual property infringement, to violate the rights of any third party or to plan, encourage or help others to do so.
If You breach any provision of this Agreement, HotJobs may suspend or terminate Your Services, remove all or part of the Materials without refund and/or pursue all other available remedies, including recovery from You of HotJobs’ reasonable costs and attorneys fees incurred in pursuing such remedies. Notwithstanding the foregoing, HotJobs may suspend or terminate Your Services at any time in its discretion without cause, with a refund only of any prepaid but unapplied fees, if any. While HotJobs assumes no, and hereby disclaims any and all, responsibility whatsoever for the Materials, HotJobs reserves the right to reject any Materials in its sole discretion. If You have a delinquent account with HotJobs, HotJobs may elect, in its sole discretion, not to provision Services until past due amounts are paid.
You hereby grant HotJobs and its designees a non-exclusive, worldwide, transferable, right and license to use, reproduce, distribute, perform and display the Materials (or any portions thereof) and to use Your name and logo in connection with such Materials. HotJobs will not be liable for any failure to make available or to provide access to either the Materials or any Services due to technological failures or any cause outside the control of HotJobs and/or its designees. You shall have absolutely no recourse against HotJobs or its designees for any alleged or actual infringement of Your proprietary rights by third parties or for loss or harm due to unauthorized use of Your postings by third parties, including, without limitation, unauthorized reproduction or tampering by network "hackers" or data harvesters. The contents of the HotJobs Website (including, without limitation all job postings and all résumés), 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 HotJobs, provided that any Materials placed on the HotJobs Website by You hereunder shall remain Your property.
You agree to indemnify and hold harmless HotJobs, its successors, officers, directors, employees, designees and agents from and against any and all claims, actions, demands, costs, liabilities and expenses (including reasonable legal and accounting fees) arising or resulting from the Materials, Your use of the Services or Your violation (or alleged violation) of Your obligations hereunder.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER YOUR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. IN ANY EVENT, EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS, EACH PARTY'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO HOTJOBS HEREUNDER.
THE HOTJOBS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND HOTJOBS MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR OTHERWISE WITH RESPECT TO ITS SERVICES OR THE HOTJOBS WEBSITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.
Notwithstanding anything to the contrary contained herein, Your use of the HotJobs Website is expressly limited to recruiting employees for You and is subject to the Guidelines. By Your execution hereof, You agree to abide by the Guidelines.
If You continue to have access to Your account after Services have been provided, the terms and conditions of this Agreement shall survive the cancellation, expiration or termination of the Agreement.
In the event that Your account is designated as “Staffing”, the following additional terms and conditions apply: You understand that job seekers may, in their sole discretion, make their résumé viewable to staffing firms, and such résumés are accessible through the HotJobs Staffing Desktop Résumé Database (the “Database”), and You understand that any Services purchased by You for résumé searching relate only to the Database. Notwithstanding anything to the contrary contained herein, You understand and agree that (a) by providing the Services hereunder, HotJobs has not undertaken to act as Your representative in dealing with any company or job seeker and will not be Your advocate in any way in Your interactions with them; (b) You are responsible for negotiating all financial arrangements directly with companies, and to seek all remedies and redress directly from the company in the event of any dispute with respect to the placement of any candidate; and (c) You will not use the Services in any manner as a method for sending unsolicited “spam.”
In the event that You send Your jobs through a gateway, You must implement either the most current, or a compatible, version of the HotJobs gateway specifications.
To the extent that You opt-in to the OFCCP Features, the additional terms and conditions currently located at http://member.hotjobs.com/cgi-bin/parse-file?TEMPLATE=/employer/htdocs/tools/ofccp-ATOS-print.html apply to the OFCCP Features.
If Services are purchased through one of HotJobs’ newspaper partners, then such newspaper (the “Newspaper”): (i) has the same benefits, rights and protections afforded to HotJobs hereunder and, to such extent, the Newspaper is an express third party beneficiary of, and may separately enforce, this Agreement, including the right to enforce any payment obligation by You to the Newspaper for the Services purchased hereunder and (ii) may be the service agent for the services in any account created for services that You purchase through the Newspaper. You consent to HotJobs’ disclosure to the Newspaper of Your Account Name, the identity of Your Primary Contact Person (including such person’s e-mail address and telephone number), Address and Main Business Phone Number in order to allow the Newspaper to service Your account.
This Agreement (a) shall be governed by the laws of the State of New York (other than the conflicts of laws provisions thereof) and You hereby consent to the jurisdiction of the Federal or state courts in New York County, and waive any jurisdictional, venue or inconvenient forum objections thereto, (b) except as set forth below, may be amended only by a writing signed by both parties (except for amendments to the Guidelines, as provided therein) and (c) 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 with respect to the subject matter hereof. In the event that this Agreement is being signed by a recruitment advertising agency or any other agent of Yours (the “Agency”) on Your behalf, the Agency represents to HotJobs that is authorized to bind You to this Agreement and agrees to indemnify HotJobs for any breach of this representation. The parties' rights and obligations will bind and inure to the benefit of their respective successors and permitted assigns. You will ensure that all of Your employees and representatives using, or otherwise having access to, the Services do so only in accordance with the terms and conditions of this Agreement. These terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent. You expressly agree that any varying or additional terms contained in any purchase order or any other written notification or document issued by You in relation to the services purchased hereunder shall be of no effect and is accepted for administrative convenience only.
THE AGREEMENT IS AN ELECTRONIC CONTRACT THAT SETS OUT THE LEGALLY BINDING TERMS OF YOUR USE OF THE SERVICES. YOU INDICATE YOUR ACCEPTANCE OF THE AGREEMENT AND ALL OF THE TERMS AND CONDITIONS CONTAINED OR REFERENCED IN THE AGREEMENT BY CLICKING ON THE "AGREE AND PLACE ORDER" BUTTON IN CONNECTION WITH YOUR PURCHASE. THIS ACTION CREATES AN ELECTRONIC SIGNATURE THAT HAS THE SAME LEGAL FORCE AND EFFECT AS A HANDWRITTEN SIGNATURE ON A WRITTEN CONTRACT UNDER ANY APPLICABLE LAW OR REGULATION, AND IS EQUALLY BINDING. BY CLICKING ON THE "AGREE AND PLACE ORDER" BUTTON, YOU ACKNOWLEDGE READING AND ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU REPRESENT, WARRANT AND AGREE THAT (1) YOU HAVE THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY AND (2) YOU ARE NOT IN VIOLATION OF HOTJOBS' POLICIES AND STANDARDS SET FORTH HEREIN AND IN THE TERMS. YOU ACKNOWLEDGE AND AGREE THAT HOTJOBS MAY MODIFY THE PROVISIONS OF THE FORM OF THIS AGREEMENT AT ANY TIME, WHICH MODIFICATIONS WILL BE APPLICABLE TO ANY OF YOUR FUTURE PURCHASES OF SERVICES.