Terms of service

1. Introduction & Definitions.

   1. These terms, conditions, and notices (the “Terms”) govern Job Seeker, visitor, and certain Customer(s), access to and use of Governmentjobs.com, Inc. (dba “NEOGOV” and referred herein as “Company”) products, services, and websites under Company control, whether partial or otherwise, and of which are owned and operated by Company (including, without limitation, neogov.com, governmentjobs.com, websites with a governmentjobs.com resource domain, Career Pages, and the website(s) from which these Terms were accessed from) (collectively referred to as the “Services”). These terms include the Governmentjobs.com Privacy Policy, which is incorporated into these Terms by reference. These Terms, the Governmentjobs.com Privacy Policy, and such other Company policies that may be amended from time to time, shall collectively be referred to as the “Agreement”. Any and all rights not expressly granted in this Agreement are reserved by Company.
   2. Certain terms, such as Section 7 or restrictions on job postings, will only apply to you if you are a Customer of Company. A Customer is defined an organization, government, state or provincial government, city, county, government agency, municipality, federal government, K-12, special district, law enforcement, college, university, academy, or institute of technology, of which is located in the United States and utilizes Company Services to post job opportunities, search for, recruit, evaluate and select Job Seekers. A Job Seeker is a natural person who accesses, uses, or creates an account on a Company controlled Service to search for and apply to jobs advertised by Customers.
   3. If you will be using the Services on behalf of a Customer, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization. Where these Terms conflict with either pre-existing additional terms of which were mutually and explicitly agreed to between Company and you (collectively referred to as the “Parties”), or where the Parties explicitly agreed otherwise, those additional terms shall control to the extent of the conflict.
   4. If you do not agree to all of terms and conditions set forth in this Agreement, you may not use the Services. You indicate your agreement to this Agreement by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services; therefore, this Agreement is a legally binding contract between you and Company (also referred to as “we”, or “us”). Also, by agreeing to this Agreement you waive, to the extent permitted under applicable law, any rights or legal requirements that require an original (non-electronic) signature or the delivery or retention of non-electronic records in order for a contract to be legally binding.
   5. Company reserves the right to modify this Agreement at any time, at its sole discretion, by posting an updated version to this web page. If you are a Customer with a subscription, changes to this Agreement shall be effective upon renewal of your subscription. If you are a Job Seeker, changes to this Agreement are effective immediately. You will be notified if there is a material change (as determined in the sole discretion of Company) to this Agreement.
   6. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please contact using the following:
      • If you are a Job Seeker, please contact: support@GovernmentJobs.com
      • If you are a Customer (an organization), please contact: customersupport@GovernmentJobs.com

2. Intellectual Property.

   1. All marks contained herein, including but not limited to organization logos, trademarks, and related intellectual property of which are implemented into the Services by you, are the property of their respective owners. Company does not claim ownership of any Customer marks or property.
   2. Except as otherwise expressly set forth herein, Company is the owner of all intellectual property rights (including copyrights) in the Services, including but not limited to designs, text, graphics, images, video, information, logos, button icons, software, and audio files (collectively, “Company Content”). Material published by Company may contain other proprietary notices or describe products, services, processes, or technologies owned by Company or third parties. Nothing in these Terms shall be construed as granting to you a license to Company Content under any copyright, trademark, patent, or other intellectual property right except as expressly set forth herein.
   3. “NEOGOV,” “GovernmentJobs.com,” “CareerNow,” “Career Pages,” and certain other names or logos are trademarks of Company, and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. Company also retains the rights in the designated color schemes and column names provided within the Services. The “look” and “feel” of the Services (including color combinations, button shapes, layout, design, and all other graphical elements not uploaded or implemented by Customers) are also Company’s trademarks or copyrights. The deletion or alteration of any copyright or other proprietary notices from the Services is strictly forbidden.
   4. All editorial content and graphics on this site, as well as the HTML based computer programs used to generate pages and the Services, are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of Company. Any code that Company creates to generate or display any Services content or the pages making up any Company Services is also protected by Company copyright and you may not copy or adapt such code. Re-use of any of Company’s editorial content and graphics for any purpose is strictly prohibited without Company’s prior written permission. Please direct any requests for permission to support@GovernmentJobs.com.
   5. Please be aware that the information, software, products, and services published within these Services may include inaccuracies, typographical errors, or out-of-date information. Changes and items are made and added to the Services and the information on it from time to time. Company may make such changes or additions at any time at its sole discretion.

3. Term and Termination.

   1. These Terms will remain in full force and effect during your subscription, while you access or make use of the Services, or while you have an active account if you are a Job Seeker.
   2. You may terminate your Services at any time by deleting your account. Upon termination, you must destroy all copies of any aspect of Services in your possession.
   3. Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of some or all of your content from the Services, issuance of a warning, or immediate termination of your ability to access the Services. Company may also terminate your account and access upon any breach by you of these Terms or in order to protect its name and goodwill, its business, and/or other users. Such termination may be effective without notice. If at any time during your use of the Services, you made a misrepresentation of fact to Company or otherwise mislead Company in regard to the nature of your business activities, Company will have grounds to terminate your use of the Services.
   4. Upon expiration or any termination of this Agreement, you shall cease all use and refrain from all further use of the Services and other Company Intellectual Property.
   5. In addition to the Miscellaneous section below, the provisions concerning Company’s proprietary rights, feedback, indemnity, disclaimers, limitation of liability, Company monitoring and pre-screening, information collection, your responsibilities, governing law, and any other section herein that by its nature is intended to survive termination, will survive the termination of this Agreement for any reason.

4. Your Use; Limited License.

   1. The Services are for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer, or sell any information or content contained in the Services as a whole software, or products or services obtained from or available as part of or in conjunction with the Services. You are granted a non-exclusive, non-assignable, and non-transferable license to use the Services only under the terms and conditions of this Agreement.
   2. This license is not a sale of any of Company’s rights. The Services may be used only by you, and you may not rent, lease, lend, sub-license, or transfer the Services or any of your rights under this Agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Services.
   3. You must be 13 years of age or older to visit or use the Services in any manner. If under the age of 18 or the age of majority as that is defined in your jurisdiction, you must use any Services under the supervision of a parent, legal guardian, or other responsible adult.

5. Your Responsibilities.

   1. As one of the conditions of your use of the Services, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Services for any purpose or in any manner that is prohibited by this Agreement or applicable law. It is your responsibility to ensure that your access and use of the Services complies with these Terms and to seek prior written permission from Company for any uses not permitted or not expressly specified herein.
   2. You shall be solely responsible for the accuracy and completeness of all records, data, and information provided, submitted, or uploaded by you in connection with this Agreement or use of the Services.
   3. You will take reasonable steps to prevent unauthorized access to the Services. For access to certain areas of the Services, including the account, it may require both a user name and a password. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Services and your account. Accordingly, by using the Services, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another user’s user name and password. You will immediately notify Company if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Company reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
   4. Should you upload or create a job posting on the Services, you represent that you have all necessary rights to make a posting, and you also acknowledge that such postings are non-confidential for all purposes and that Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Services, Company has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a posting. Moreover, Company assumes no responsibility for the deletion of or failure to store any posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
   5. Other than the Services provided by Company, you are responsible for all other services, equipment, and facilities (including, without limitation, all hardware, telecommunications equipment, connectivity, cabling, and software) required to access the Services. You shall be responsible for procuring all licenses of third party software necessary for your use of the Services.
   6. You are prohibited from violating or attempting to violate the security of Company, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such 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 overloading, “flooding,” “mailbombing,” or “crashing,” (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
   7. If you discover or are notified of a breach or potential breach of security with respect to any personally information, you shall immediately (i) notify Company of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this Agreement at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Company of the results of such investigation, (c) assist Company using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Company as reasonably necessary to enforce Company’s rights and to enable Company to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
   8. In connection with your use of Company Services, you will not:
      • Use the Services for any unlawful purpose or any illegal activity, or transmit, post, submit content, or distribute any message, information, data, text, software or images, or other materials that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racist, discriminatory, of a menacing character, or likely to cause annoyance, inconvenience, embarrassment, anxiety, or could cause harassment to any person, or include any links to pornographic, indecent or sexually explicit material of any kind, or otherwise objectionable that may invade another’s right of privacy or publicity as determined by Company’s discretion;
      • Impersonate any person or entity, including but not limited to, a Company official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      • 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;
      • Post or transmit any content that contains a malware or corrupted data;
      • Delete any author attributions, legal notices, or proprietary designations or labels;
      • Use the Services communication features in a manner that adversely affects the availability of its resources to other users (e.g. excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
      • Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
      • Post any incomplete, false, or inaccurate résumé information or information which is not your own accurate résumé;
      • Respond to any employment opportunity on the Services for any reason other than to apply for the job. Communications soliciting the employer’s business by our competitors are prohibited;
      • Post to the Services any franchise, “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), or requires recruitment of other members, sub-distributors, or sub-agents;
      • Delete or revise any material posted by any other person or entity;
      • Print out or otherwise copy or use any personally identifiable information of other users. Unsolicited e-mails, telephone calls, mailings, or other contacts to posting individuals and companies are prohibited;
      • Provide System passwords or other log-in information for the Services to any third party except those specifically authorized to access the Services;
      • Access the Services in order to build, assist, or facilitate the assembly of a competitive product or service, to build a product using similar ideas, features, functions, or graphics of the System, or to copy any ideas, features, functions, or graphics of the Services;
      • Reverse engineer, decompile, disassemble, or otherwise attempt to discover or directly access the source code or any underlying ideas or algorithms of any portions of the Services or any underlying software or component thereof;
      • Modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Services except as expressly permitted by this Agreement;
      • Take any action that imposes an unreasonable or disproportionately large load on any Company Services infrastructure or anything that interferes or disrupts the Services;
      • Violate or attempt to violate the security of any Company Services including attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
      • Aggregate, copy, or duplicate in any manner any of the content or information available from any Company Services, including expired job postings, other than as permitted by these Terms;
      • Post any resume or profile or apply for any job on behalf of another party;
      • Solicit passwords or personally identifiable information from other users; or
      • Post statements or material that constitutes anti-competitive collaboration and/or antitrust violations.
   9. In the event Company suspects any breach of these requirements, Company may suspend your access to the Services for the reasonable time required to confirm or deny suspicion, in addition to other lawful remedies as required.
   10. Violations of system or network security may result in civil and/or criminal liability. 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.

6. Additional Terms applicable to Job Seekers.

   1. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any material or information placed by you on the Services.
   2. Although you maintain rights in the personal information that make up your account and Job Seeker Profile, you understand and acknowledge that you have no ownership rights in the account of profile itself. If you delete your account or your account is terminated, all your profile and account information, including resumes, profiles, cover letters, saved jobs, and questionnaires may be marked as deleted and may be deleted from Company’s databases and will be removed from any public area of the Services. Information may continue to be available for some period of time because of delays in propagating such deletion. However, deletion of your account or Job Seeker Profile will not delete applications you previously submit to Customers through the Services. In addition, Company reserves the right to maintain certain data after termination where it is necessary to comply with the law. Company periodically deletes inactive accounts and reserves the right to delete your account and all of your information.

7. Customer Fees and Payments.

   1. You agree to pay to Company any fees for each Services you purchase or use in accordance with the pricing and payment terms presented to you for that Service. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Company of any changes to such information. Each purchase is non-cancellable and non-refundable except as provided by law, and the subscription term is a continuous and non-divisible commitment for the full duration of the term regardless of any invoice schedule.
   2. Some of our Services are billed on a subscription basis. You will be billed in advance on a recurring, periodic basis. The term is annual, unless otherwise agreed to by the Parties. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew by providing written notice to accounting@governmentjobs.com.
   3. Unless otherwise stated, you are responsible for any taxes (other than Company’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Company for the Services without any reduction for Taxes.
   4. If Customer issues a purchase order, then it shall be for the full amount, and Company hereby rejects any additional or conflicting terms appearing in a purchase order or any other ordering materials submitted by Customer, and conditions assent solely based on the terms and conditions of this Agreement as offered by Company. Customer agrees that a failure to provide Company with a corresponding purchase order shall not relieve Customer of its obligations to provide payment to Company.

8. Feedback.

   Company welcomes your feedback and suggestions about Company’s Services. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Company, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party and that you have all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through Company Services will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

9. Maintenance and Support.

   1. Company maintains Company’s hardware/software infrastructure for the Services. Preventive system maintenance is conducted by Company from time to time and is addressed in a variety of methods including scalable architecture and infrastructure, log checking, performance maintenance, and other preventative tasks.
   2. Company may periodically modify the features, components, and functionality of the Services. Company shall have no liability for, or any obligations to, investments in or modifications to your hardware, systems, or other software, which may be necessary to use or access the Services due to a modification of the Services provided by Company. This Agreement does not obligate Company to render any maintenance or support Services that are not expressly required to be provided.

10. Monitoring and Endorsement.

    1. Company is not responsible for screening, policing, editing, or monitoring your or another user’s postings and encourages all users to use reasonable discretion and caution in evaluating or reviewing any posting. However, you agree that Company may monitor the Services to (1) comply with any applicable laws, regulations, or other government requests; (2) operate the Services or to protect itself and its users and members; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. Company reserves the right to modify, reject, or remove any information residing on or transmitted to its Services that it, in its sole discretion, believes is unacceptable, in violation of these terms and conditions, is abusive, disruptive, offensive, illegal, violates the rights of, or harms or threatens the safety of, users, of if Company believes that such information could create liability for Company, damage Company’s brand or public image, or cause Company to lose users or (in whole or in part) the services of its ISPs or other suppliers of the Services, or violates the law.
    2. Except with respect to Company’s right and ability to delete or remove a posting (or any part thereof), Company does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user.

11. Information Collection and Use.

    1. The very nature of the Services requires that Company gather, process, use, and distribute information which you provide directly (e.g. name, physical address, e-mail address, résumé), as well as information regarding the manner in which you use the Services. Company will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal information will only be collected, used, and retained as necessary to for the purposes stated in the Governmentjobs.com Privacy Policy.
    2. Upon a Job Seeker’s submission of information through the Services to a requesting Customer, the Customer shall have exclusive right, title, and interest in and to the data collected and all intellectual property and proprietary rights therein anywhere in the world, and Company shall (i) acquire no rights in any data collected by a Customer, (ii) process data only to provide the Services or as otherwise instructed by a Customer, or as may be required or permitted by applicable law, and (iii) only retain information long enough to process or as required by law. Furthermore, Company may not alter, modify, delete, or revise information after submission of information to a Customer.

12. Indemnification.

    You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective 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 (i) any user content or other material you provide to any Company Site, (ii) your use of any Company Content, or (iii) relating to or arising out of your violation of this Agreement, (iv) your representations and warranties, or (v) your violation of any rights of another. Company shall provide notice to you promptly of any such claim, suit, or proceeding. If you are a government, an agency or other unit of government located in the United States (“Government Entity”), this section does not apply. The liability of the Government Entity for any breach of the Terms or any claim arising from the Terms shall be determined under the relevant State Tort Claims Act, or other state governing authority.

13. Company Liability.

    1. The Services act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates, (ii) candidates to post resumes and profiles and search for and evaluate job opportunities, and (iii) recruitment, selection, applicant tracking, reporting and analysis, and HR automation. Company is not involved in, and does not control, the actual transaction between Customers, job candidates, and end users. As a result, Company is not responsible for user content, the quality, safety, or legality of the jobs or resumes, the truth or accuracy of the listings or other data uploaded to the Services by you, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Company makes no representations about any jobs, resumes, or data on the Services.
    2. Company has no control over the accuracy, reliability, completeness, or timeliness of the content submitted on the Services and makes no representations about any of such content.
    3. Company may make third-party services available on the Services, and/or feature materials, programs, products, hyperlinks, and services provided by third parties. Company makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services you may access, nor does Company endorse any of the material on them or any association with their owners or operators. Company does not control these Services and is not responsible for their availability, content, or any malware accessed through them. Your correspondence or any other dealings with third parties found on the Services are solely between you and such third party. Accordingly, Company expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Services, and you agree that Company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Services. You are advised to read all terms and conditions of any third-party service.

14. Disclaimers of Warranty.

    1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SERVICES AND THE INTERNET GENERALLY. THESE SERVICES AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THESE SERVICES OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICES IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST COMPANY AS THE SERVICE PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR SERVICES. COMPANY MAKES NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY JOB VIA THE SERVICES, NOR ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN.
    2. COMPANY DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE COMPANY SERVICES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, COMPANY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, COMPANY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
    3. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR OTHER CONSEQUENCES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF DELAY IN OR INABILITY TO DELIVER ANY WEBSITES DUE TO CIRCUMSTANCES OR EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: (A) ACTS OF GOD; (B) CHANGES IN OR IN THE INTERPRETATION OF ANY LAW, RULE, REGULATION, OR ORDINANCE; (C) STRIKES, LOCKOUTS, OR OTHER LABOR PROBLEMS; (D) TRANSPORTATION DELAYS; (E) UNAVAILABILITY OF SUPPLIES OR MATERIALS; (F) FIRE OR EXPLOSION; (G) RIOT, MILITARY ACTION, OR USURPED POWER; OR (H) ACTIONS OR FAILURES TO ACT ON THE PART OF A GOVERNMENTAL AUTHORITY.
    4. COMPANY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE, OR PROCESS USED OR DISCLOSED ON THE SERVICES OR ANY OTHER MATERIAL ACCESSIBLE FROM THE SERVICES. COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SERVICES OR IN THE INFORMATION, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SERVICES AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE SERVICES.

15. Liability Exclusions & Limitations.

    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OR (B) YOUR LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS, OR INABILITY TO USE THE SERVICES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, OR DUE TO ANY EVENT WHATSOEVER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EACH OF COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.00 USD.
    2. WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.

16. Privacy Policy.

    You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the Services requires the submission, use, and dissemination of various personal information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Services, you acknowledge and agree that your use of the Services will constitute acceptance of the Governmentjobs.com Privacy Policy. For more detail on information collection and use practices please review the Governmentjobs.com Privacy Policy.

17. Miscellaneous.

    1. You agree that no joint venture, partnership, employment or agency relationship exists between you and Company as a result of this Agreement or your use of the Services.
    2. Company’s performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish Company’s right to comply with law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
    3. Unless otherwise stipulated by the parties, these terms represent the entire binding agreement between you and Company, and our respective successors and assigns, and supersedes any and all prior understanding, statements, or representations, whether electronic, oral, or written, regarding Company, its Services, or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    4. You may not assign any part of this Agreement without Company’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
    5. These terms shall be governed by California and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Los Angeles County, California, U.S.A. If the law establishing or otherwise governing the Government Entity expressly requires the Government Entity to enter into contracts under a particular law and/or prohibits any choice of law provision imposing any law other than the law under which the Government Entity is authorized to act, then all “Governing Law” and “Jurisdiction” clauses in this Agreement, and all other provisions related to dispute resolution are deleted. Instead, the Terms shall be governed, interpreted and enforced in accordance with the applicable laws of the Government Entity’s state and jurisdiction shall reside in the courts of such state. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by a competent court. If any clause herein is found illegal, invalid, or unenforceable, the clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. Given the nature of these terms, you understand and agree that, in addition to money damages, Company will be entitled to equitable relief upon a breach of them by you. Failure by Company to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver by Company of that or any subsequent default or failure of performance.