JOBDIVA.COM WEB SITE TERMS AND
CONDITIONS OF USE
WELCOME TO THE JOBDIVA.COM WEB SITE (“SITE”).
YOUR USE OF AND ACCESS TO THE SITE ARE GOVERNED BY THESE TERMS AND
CONDITIONS, WHICH FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND JOBDIVA.COM,
INC. (“JOBDIVA.COM”). IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND
IMMEDIATELY REVOKED. EACH
TIME YOU USE THIS SITE, THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS
WILL GOVERN YOUR USE. ACCORDINGLY, WHEN
YOU USE THE SITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT AND REVIEW ANY
CHANGES SINCE THE LAST VERSION.
USE OF CONTENT
The Site, including all text, images, graphics,
media, content, data, and information contained thereon ("Content”), is
protected by international copyright, trademark, and other
applicable laws. Except as expressly
set forth herein, all rights in the Content and the Site are reserved to
JobDiva.com and its licensors. Any use
of the Content not expressly permitted by these Terms and Conditions is a
breach of these Terms and Conditions and may violate copyright, trademark, and
other laws. Content is subject to change without notice in the sole discretion
of JobDiva.com. JobDiva.com authorizes
you to view and make a reasonable, limited number of copies of particular
Content for uses permitted under these Terms and Conditions of Use if you
include the following copyright notice, in addition to any other copyright and
proprietary rights notices originally contained in the Content: "© 2003
JobDiva.com, Inc. All rights reserved.”
DISCLAIMER
AND LIMITATION OF LIABILITY
Because user authentication on the Internet is
difficult, JobDiva.com cannot and does not confirm that each user is who they
claim to be. Accordingly, users of this Site are encouraged to use caution and
common sense. JobDiva.com is not involved in actual transactions between
recruiters, employers, candidates, and/or other third parties. JobDiva.com
therefore has no control over the quality, safety, legality, the truth or
accuracy of the Site’s content. 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 Site. JobDiva.com is not to be considered
to be an employer with respect to your use of the Site, and JobDiva.com shall
not be responsible for any employment decisions, for whatever reason, made by
any entity using the Site.
The use of the Site and the Content is at your own
risk. When using the Site, information will be transmitted over a medium that
is beyond the control and jurisdiction of JobDiva.com. Accordingly, JobDiva.com
assumes no liability for or relating to the delay, failure, interruption, or
corruption of any data or other information transmitted in connection with use
of the Site.
THE SITE AND THE CONTENT ARE PROVIDED “AS IS.” TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JOBDIVA.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF
NON-INFRINGEMENT. JOBDIVA.COM DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE
UNINTERRUPTED OR FREE FROM ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE TO YOU ARE FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS.
JOBDIVA.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING
THE CONTENT OR ITS ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR
OTHERWISE.
In no event shall JobDiva.com be liable
for any damages (including, without limitation, incidental and consequential
damages, personal injury/wrongful death, lost profits, or damages resulting from
lost data or business interruption) resulting from the use of or inability to
use the Site or the Content, whether based on warranty, contract, tort, or any
other legal theory, and whether or not JobDiva.com is advised of the
possibility of such damages. In the
event that JobDiva.com is found to be liable to you for any form of damages,
JobDiva.com’s liability shall be limited
to US one cent. You agree that JobDiva.com shall not be liable for any personal
injury, including death, caused by your use or misuse of the Content or the
Site. Some states may not allow the
limitation or exclusion of incidental or consequential damages; so the above
limitation or exclusion may not apply to you. Your remedies are exclusive and limited to those expressly provided
for herein.
PROHIBITED ACTIONS
You
agree that you will not transmit any communications or content of any type that
infringe or violate any rights of any party.
You
agree that the following actions are prohibited and constitute a material
breach of these Terms and Conditions:
1. Using
the Site for any purpose in violation of local, state, national, or
international laws;
JobDiva.com
reserves the right, in its sole discretion, to deny access to the Site for any
violation of these Terms and Conditions.
LINKS TO OTHER SITES.
JobDiva.com
does not endorse, takes no responsibility for, and expressly disclaims any warranties
of any kind as to content on any third-party websites, including without
limitation linked third-party sites, sites of third-party advertisers on the
Site, and sites framed within the Site.
Your use of third-party websites is at your own risk and subject to the
terms and conditions of use for such sites.
JobDiva.com does not endorse any product advertised on the Site.
INDEMNITY
You
agree to defend, indemnify, and hold harmless JobDiva.com, its officers,
directors, employees, agents, licensors, and suppliers, harmless from and
against any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting from, or
alleged to result from, your violation of these Terms and Conditions.
GENERAL
JobDiva.com
makes no claims that the Content is appropriate or may be downloaded in any
particular jurisdiction. Access to the Content may not be legal by certain
persons or in certain countries. If you access the Site, you do so at your own
risk and are responsible for compliance with the laws of your
jurisdiction. All provisions of this
Agreement which by their nature are intended to survive the termination of this
Agreement (including without limitation the provisions captioned Disclaimer and
Limitation of Liability, Indemnity) shall survive such termination.
PRIVACY
JobDiva.com takes seriously the issue of
privacy. Click here to review
JobDiva.com’s privacy policy which provides
information regarding JobDiva.com’s collection and use of personal information.
COPYRIGHTS
AND NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
JobDiva respects the intellectual
property of others, and we ask our users to do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated, please provide
JobDiva with the following information:
1.
an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
2.
a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3.
a description of where the material that you claim is infringing is
located on the site;
4.
your address, telephone number, and email address;
5.
a statement by you that
you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
6.
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
JobDiva’s Agent for Notice of claims of copyright or other intellectual
property infringement contact information:
Samantha Rembo
JobDiva, Inc.
116 John St. suite 1406
New York, NY 10038
By phone: 1-866-JOBDIVA
By email: copyright@jobdiva.com
POLICY
CHANGES
JobDiva.com reserves the right to make changes to
the Site and to these Terms and Conditions and the Privacy Policy at any time
by posting changes on the Site as appropriate.
GENERAL
INFORMATION
These Terms and Conditions of Use constitute a
binding agreement between you and JobDiva.com and govern your use of the
Service. You also may be subject to additional terms and conditions if you have
licensed software or purchased services from JobDiva.com. The Terms and
Conditions of Use and the relationship between you and JobDiva.com shall be
governed by the laws of the State of New York without regard to its conflict of
law provisions. You and JobDiva.com agree to submit to the personal and
exclusive jurisdiction of the courts located in New York, New York. The failure
of JobDiva.com to exercise or enforce any right or provision of the Terms and
Conditions of Use shall not constitute a waiver of such right or provision. If
any provision of the Terms and Conditions of Use is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms and Conditions of Use
remain in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the Service or the Terms and Conditions of Use must be filed within one
(1) year after such claim or cause of action arose or be forever barred. The
section titles in the Terms and Conditions of Use are for convenience only and
have no legal or contractual effect.
If you have any questions regarding our Terms and Conditions of Use
or the Privacy Policy, please e-mail us at privacy@jobdiva.com