Terms of Use (A.K.A. Terms and Conditions of Service)
These Terms of Use (a.k.a. Terms and Conditions ofService) govern your use of Employedbythour.com LLC’s websiteEmployedbythour.com. Your use of Employedbythour.com (the site) tells usyou have read and agreed to our “Terms of Use” and our Privacy Policy.Employedbythour.com LLC, the owner and operator of this site, reserves theright to deny access to the site to any person, group of people or legal entitywho violates these Terms of Use or our Privacy Policy.
Modifying these Terms of Use
Employedbythour.com LLC reserves the right to changethese Terms of Use at any time at its discretion and to notify users of anysuch changes solely by changing these Terms of Use. Your continued use ofEmployedbythour.com after the posting of any amended Terms of Use shallconstitute your agreement to be bound by any such changes. Your use of thissite prior to the time these Terms of Use were posted will be governedaccording to the Terms of Use that applied at the time of your us
Copyrights, Trademarks, Patents…etc.
All information, content, services and softwaredisplayed on, transmitted through, or used in connection withEmployedbythour.com (the site), with the exception of user content as definedbelow, including for example news articles, reviews, directories, guides, text,photographs, images, illustrations, audio clips, video, html, source and objectcode, trademarks, logos, and the like (collectively, the "Content"),as well as its selection and arrangement, is owned by Employedbythour.com LLC.You may use the Content online only, and solely for your personal,non-commercial use, and you may download or print a single copy of any portionof the Content solely for your personal, non-commercial use, provided you donot remove any trademark, copyright or other notice from such Content. If youoperate a website and wish to link to Employedbythour.com, you may do soprovided you agree to cease such link upon request from Employedbythour.comLLC. No other use is permitted withoutprior written permission of Employedbythour.com LLC. The permitted usedescribed in this paragraph is contingent on your compliance at all times withthese Terms of Use.
You may not republish any portion of the Content onEmployedbythehour.com on any Internet, Intranet or extranet site or incorporatethe Content into any database, compilation, archive or cache. You may notdistribute any Content to others, whether or not for payment or otherconsideration, and you may not archive, modify, copy, frame, cache, reproduce,sell, publish, transmit, display or otherwise use any portion of the Content.You may not scrape or otherwise copy our Content without permission. You agreenot to decompile, reverse engineer or disassemble any software or other productsor processes accessible through Employedbythour.com, not to insert any code orproduct or manipulate the content of Employedbythour.com in any way thataffects the user's experience, and not to use any data mining, data gatheringor extraction method.
Requests to use content for any purpose other than aspermitted in these Terms of Use should be directed to (Bill@employedbytehour.com ). Incertain cases, you may be able to use Content that appears on Employedbythour.comthrough online functionality we have specifically designated (e.g., to e-mail afriend about the site). In such cases, we will tell you directly in the portionof the Content you may use or you will see a link in the content itself.
Registration
Registration is not required to view certain Content onEmployedbythehour.com. However, you are required to register if you wish tosearch the job database and review job postings, job seeker profiles and/orview certain other Content. If you become a registered user ofEmployedbythour.com, you accept responsibility for all activities that occurunder or linked to your Registration Account. You agree to provide true,accurate, complete and correct information at the time of registration and topromptly update this information as needed so that it remains true, accurate,complete and correct. Employedbythehour.com LLC reserves the right to terminateyour access and use of Employedbythour.com if individuals other than you theregistered user associated with the Registration Account accessesEmployedbythour.com. You are responsible for maintaining the confidentiality ofyour password and for restricting access to your computer so others outsideyour household and / or place of work or business may not accessEmployedbythour.com using your name in whole or in part without our permission.If you believe someone has accessed Employedbythour.com using your RegistrationAccount, email address and password without your authorization, e-mail usimmediately at (Bill@employedbythehour.com
Use of Information by Employedbythour.com LLC
You acknowledge, consent and agree thatEmployedbythour.com LLC may preserve and disclose your Registration Accountinformation and the contents of your online communications if required to do soby law, or in good faith belief that preservation and/or disclosure isreasonably necessary for the following purposes:
(1) to comply with legal process, such as a court order,search warrant, or subpoena;
(2) to enforce the terms of these Terms of Use;
(3) to render service you request;
(4) to protect the rights or property ofEmployedbythour.com LLC and it affiliated companies, and its third partysuppliers and licensors; or
(5) in circumstances that we deem, in our solediscretion, to pose a threat to the safety of you or others. In addition,
Employedbythour.com may use information you provide inaccordance with our (Privacy Policy).
User Content Representations and Warranties
By placing material on Employedbythour.com, includingbut not limited to posting content or communications to any Employedbythour.combulletin board, forum, blogspace, message or chat area, or posting text,images, audio files or other audio-visual content to the site ("Usercontent"), you represent and warrant:
(1) you own or otherwise have all necessary rights tothe User content you provide and the rights to provide it under these Terms ofUse; and,
(2) the User content will not cause injury to any personor entity. Using a name other than your own legal name in association with thesubmission of User content is prohibited (except in those specific areas ofEmployedbythour.com that specifically ask for unique, fictitious names).
User Content License
For all User content you post, upload, or otherwise makeavailable ("provide") to Employedbythour.com, you grantEmployedbythour.com LLC, its affiliates and related properties, includingEmployedbythour.com, its affiliates and websites, and a royalty-free, perpetual,irrevocable, non-exclusive right and fully sub-licensable license to use, copy,reproduce, distribute, publish, publicly perform, publicly display, modify,adapt, translate, archive, store, and create derivative works from such Usercontent, in any form, format, or medium, of any kind now known or laterdeveloped. Without limiting the generality of the previous sentence, youauthorize Employedbythour.com to share the user content across all websites,newspapers, and broadcast stations affiliated with Employedbythour.com LLC andits affiliates, to include the User content in a searchable format accessibleby users of Employedbythour.com and other Employedbythour.com LLC affiliatedwebsites, or other properties to place advertisements in close proximity tosuch User content, and to use your name, likeness and any other information inconnection with its use of the material you provide. You waive all moral rightswith respect to any User content you provide to Employedbythour.com LLC andEmployedbythehour.com. You alsogrant Employedbythour.com and its affiliates the right to use any material,information, ideas, concepts, know-how or techniques contained in anycommunication you provide or otherwise submit to us for any purpose whatsoever,including but not limited to, commercial purposes, and developing,manufacturing and marketing commercial products using such information. Allrights in this paragraph are granted without the need for additionalcompensation of any sort to you.
User Content Screening and Removal
You acknowledge that Employedbythour.com LLC and/or itsdesignees may or may not pre-screen User content, and shall have the right (butnot the obligation), in their sole discretion, to move, remove, block, edit, orrefuse any User content for any reason, including without limitation that suchUser content violates these Terms of Use or is otherwise objectionable.
User Content Assumption of Risk
Employedbythour.com LLC or Employedbythehour.com cannotand does not monitor or manage all User content, and does not guarantee theaccuracy, integrity, or quality of User content. All User content provided toEmployedbythour.com is the sole responsibility of the person who provided it.This means that you are entirely responsible for all User content that youprovide. To protect your safety, please use your best judgment when usingEmployedbythour.com forums. We discourage divulging personal phone numbers andaddresses or other information that can be used to identify or locate you. Youacknowledge and agree that if you make such disclosures either through postingon any bulletin board, forum, blogspace, message or chat area, or uploadingtext, images, audio files or other audio-visual content, in job seekerprofiles, job postings, classified / display advertising you place or in otherinteractive areas, or to third parties in any communication, you do so fullyunderstanding that such information could be used to identify you.
User Content Posting Rules
Any decisions as to whether User content violates anyposting rule will be made by Employedbythour.com and or Employedbythehour.comLLC in its sole discretion after we have actual notice of such posting. Whenyou provide User content, you agree to the following Posting Rules:
1. If the photo or video depicts any children under the ageof 18, you affirm that you have written permission from the child's parent orguardian to provide the photo or video.
2. Do not provide user content that contains copyrighted orother proprietary material of any kind without the express permission of theowner of that material.
3. Contains vulgar, profane, abusive, racist or hatefullanguage or expressions, epithets or slurs, text, photographs or illustrationsin poor taste, inflammatory attacks of a personal, racial or religious nature.
4. Is defamatory, threatening, disparaging, grosslyinflammatory, false, misleading, fraudulent, inaccurate, unfair, contains grossexaggeration or unsubstantiated claims, violates the privacy rights of anythird party, is unreasonably harmful or offensive to any individual orcommunity.
5. Violates any right of Employedbythour.com or anythird party.
6. Discriminates on the grounds of race, religion, nationalorigin, gender, age, marital status, sexual orientation or disability, orrefers to such matters in any manner prohibited by law.
7. Violates or encourages the violation of any municipal,state, federal or international law, rule, regulation or ordinance.
8. Interferes with any third party's uninterrupted use ofEmployedbythour.com.
9. Advertises, promotes or offers to trade any goods orservices, except in areas specifically designated for such purpose.
10. Uses or attempt to use another's Registration Account,password, service or system except as expressly permitted by the Terms of Use.
11. Uploads or transmits viruses or other harmful,disruptive or destructive files, material or code.
12. Disrupts, interferes with, or otherwise harms orviolates the security of Employedbythour.com, or any services, systemresources, accounts, passwords, servers or networks connected to or accessiblethrough Employedbythour.com or affiliated or linked sites.
13. “flames" any individual or entity (e.g., sendsrepeated messages related to another user and/or makes derogatory or offensivecomments about another individual), or repeats prior posting of the samemessage under multiple threads or subjects.
WARNING: A VIOLATION OF THESE POSTINGRULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Unsolicited Material and Ideas
Employedbythour.com LLC or Employedbythehour.com is notresponsible for the similarity of any of its content or programming in anymedia to materials or ideas provided to Employedbythour.com. You acknowledgeand agree that if you send any unsolicited materials or ideas, you do so withthe understanding no additional consideration of any sort will be provided toyou, and you are waiving any claim against Employedbythour.com LLC and itsaffiliates regarding the use of such materials and ideas, even if material oran idea is used that is or may be substantially similar to the idea you sent.
Transactions and E-Commerce
During your visit to Employedbythehour.com you may electto engage in a transaction involving the purchase of a product such as a jobposting or job search subscription, a print or online advertisement or othertangible goods and services. Credit card transactions and order fulfillment arein most cases handled by a third party processing agent, bank or distributioninstitution. While in most cases transactions are completed without difficulty,there is no such thing as perfect security on the Internet or offline.Employedbythour.com LLC or Employedbythehour.com cannot and does not takeresponsibility for the success or security of transactions undertaken orprocessed by third parties.
Errors in Advertisements
On occasion, a product or service may not be availableat the time or the price as it appears in an advertisement. In such event, orin the event a product is listed at an incorrect price or with incorrectinformation due to typographical error, technology effort, error in the date orlength of publication, or error in pricing or product information received fromour advertisers or suppliers, you agree Employedbythour.com LLC andEmployedbythehour.com is notresponsible for such errors or discrepancies.
Communications with Third Parties throughEmployedbythour.com
Your dealings or communications throughEmployedbythour.com with any party other than Employedbythour.com andEmployedbythehour.com LLC are solely between you and that third party. Forexample, certain areas of Employedbythour.com may allow you to conducttransactions or purchase goods or services. In most cases, these transactionswill be conducted by a third party partner or vendor. Under no circumstanceswill Employedbythour.com LLC or Emplyedbythehour.com be liable for any goods,services, resources or content available through such third party dealings orcommunications, or for any harm related thereto. Please review carefully thatthird party's policies and practices and make sure you are comfortable withthem before you engage in any transaction. Complaints, concerns or questionsrelating to materials provided by third parties should be directed to the thirdparty.
During your visit to Employedbythour.com you may linkto, or view as part of a frame, certain content that is actually created orhosted by a third party. Because Employedbythour.com LLC has no control overthird party sites and resources, you acknowledge and agree thatEmployedbythour.com LLC is not responsible for the availability of externalsites or resources, nor for the content, actions, or policies of those sites.Information you provide on such sites, including personal information andtransactional information, is subject to the Terms of Use of those sites.
Notice of Intellectual Property Infringement
In accordance with the Digital Millennium Copyright Act(DMCA) and other applicable law, it is the policy of Employedbythour.com LLCand Employedbythehour.com in appropriate circumstances, to terminate theRegistration Account of a registered Job Seeker or Employer who is deemed toinfringe upon third party intellectual property rights or to remove Usercontent that is deemed to be infringing. If you believe that your work has beencopied in a way that constitutes copyright infringement and is displayed onEmployedbythour.com, please provide substantially the following information tous at (enter email account) Copyright Agent (please consult your legal counselor see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. An electronic or physical signature of the personauthorized to act on behalf of the owner of the copyright or other intellectualproperty interest;
2. A description of your copyrighted work or otherintellectual property that you claim has been infringed;
3. A description of where the material you claim isinfringing is located on the site (providing us with website URL is thequickest way to help us locate content quickly);
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith beliefthat the disputed use is not authorized by the copyright owner, its agent, orthe law;
6. A statement by you, made under penalty of perjury, thatthe above information in your notice is accurate and that you are the copyrightor intellectual property owner or authorized to act on the copyright orintellectual property owner's behalf.
Employedbythour.com 's copyright agentcan be reached as follows: (Bill@employedbythehour.com)
Please note that the above contact information is forintellectual property infringement notices only.
For other inquiries or questions, please use theinformation listed on the contact us page. Please also note that, pursuant toSection 512(f) of the Copyright Act, any person who knowingly materiallymisrepresents that material or activity is infringing may be subject toliability.
Counter-Notification for Intellectual PropertyInfringement
If you elect to send us a counter-notice in response toa notice of intellectual property infringement, to be effective it must be awritten communication provided to Employedbythour.com 's designated emailaccount (see above for contact information) that includes substantially thefollowing (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3)to confirm these requirements):
1. an electronic or physical signature of the registereduser;
2. a description of the material that has been removed orto which access has been disabled and the location at which the materialappeared before it was removed or access to it was disabled (providing us witha website URL is the quickest way to help us locate content quickly);
3. your address, telephone number, and e-mail address;
4. a statement by you, under penalty of perjury, that youhave a good faith belief that the material was removed or disabled as a resultof mistake or misidentification of the material to be removed or disabled; and
5. a statement by you that you consent to the jurisdictionof the Federal District Court for the judicial district in which the address islocated, or if the your address is outside of the United States, for anyjudicial district in which Employedbythour.com may be found, and that the youwill accept service of process from the person who provided notification ofintellectual property infringement or an agent of such person.
Please notethat under Section 512(f) of the Copyright Act, any person who knowinglymaterially misrepresents that material or activity was removed or disabled bymistake or misidentification may be subject to liability.
General Disclaimer and Limitation of Liability
While Employedbythour.com LLC and Employedbythehour.comuses reasonable efforts to include accurate and up-to-date information, we makeno warranties or representations as to the accuracy of the content and assumeno liability or responsibility for any error or omission in the content.Employedbythour.com does not represent or warrant that use of any content willnot infringe rights of third parties. Employedbythour.com has no responsibilityfor actions of third parties or for content provided by others, including Usercontent.
USE OF EMPLOYEDBYTHOUR.COM IS AT YOUR OWN RISK. ALLCONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHEREMPLOYEDBYTHOUR.COM LLC, EMPLOYEDBYTHOUR.COM, NOR ANY OF ITS AFFILIATED ORRELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS ORLICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KINDREGARDING EMPLOYEDBYTHOUR.COM, THE CONTENT, ANY ADVERTISING MATERIAL,INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH EMPLOYEDBYTHOUR.COM,AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF EMPLOYEDBYTHOUR.COM OR SUCHCONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUTLIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES EMPLOYEDBYTHOUR.COM WILL MEETYOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARESPECIFICALLY DISCLAIMED. EMPLOYEDBYTHOUR.COM AND ITS AFFILIATES ARE NOTRESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRDPARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENTOR OTHER PROPERTY.
EMPLOYEDBYTHOUR.COM CONTAINS FACTS, VIEWS, OPINIONS,STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS.EMPLOYEDBYTHOUR.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS ORRELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED,UPLOADED OR DISTRIBUTED THROUGH THE EMPLOYEDBYTHOUR.COM. ANY RELIANCE UPON ANYSUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NOEVENT SHALL EMPLOYEDBYTHOUR.COM LLC, EMPLOYEDBYTHOUR.COM OR ITS AFFILIATES,EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT,CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUTLIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOURTRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALLEMPLOYEDBYTHOUR.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS ORLICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity
You agree to indemnify, defend and hold harmlessEmployedbythour.com and its parent and affiliated companies, and each of theirrespective partners, suppliers, licensors, officers, directors, shareholders,employees, representatives, contractors and agents, and sub-licensees from anyand all claims (including but not limited to claims for defamation, tradedisparagement, privacy and intellectual property infringement) and damages(including attorneys' fees and court costs) arising from or relating to anyallegation regarding: (1) your use of Employedbythour.com; (2)Employedbythour.com 's and its affiliates' use of any user content orinformation you provide, as long as such use is not inconsistent with thisAgreement; (3) information or material provided through your RegistrationAccount, even if not posted by you; and (4) any violation of this Agreement byyou.
Third Party Beneficiaries
By accessing this website or digital service, youspecifically acknowledge and agree that, without limiting anything else inthese Terms of Use: (i) certain third party content providers are intendedthird party beneficiaries of these terms and conditions and may exercise allrights and remedies available to them; and (ii) certain third party contentproviders reserve the right to audit possible unauthorized commercial use oftheir materials or any portion thereof at any time.
International Users
Employedbythour.com is controlled, operated andadministered by Employedbythour.com LLC from its offices within the UnitedStates. Employedbythour.com LLC makes no representation that materials orcontent available through Employedbythour.com are appropriate or available foruse outside the United States and access to them from territories where theircontents are illegal is prohibited. You may not use Employedbythour.com orexport the content in violation of U.S. export laws and regulations. If youaccess Employedbythour.com from a location outside the United States, you areresponsible for compliance with all applicable laws.
Discontinuation of Service
Employedbythour.com LLC may modify, suspend, discontinueor restrict the use of any portion of Employedbythour.com, including theavailability of any portion of the content at any time, without notice orliability. Employedbythour.com may deny access to any Registered Memberor other user at any time for any reason. In addition, Employedbythour.com mayat any time transfer rights and obligations under this agreement to anyaffiliate, subsidiary or business unit, or any of their affiliated companies ordivisions, or any entity that acquires Employedbythour.com, Employedbythour.comLLC or any of their assets.
Choice of Law
These Terms of Use will be governed by and construed inaccordance with the laws of the State of New York, without regard to itsconflicts of law provisions. You hereby agree that any cause of action you mayhave with respect to Employedbythour.com must be filed in a federal or statecourt located in Nassau or Suffolk Counties, New York.
Statute of Limitations
You agree to file any claim regarding any aspect of thissite or these Terms of Use within three months of the time in which the eventsgiving rise to such claim began, or you agree to waive such claim.
No Class Actions
You agree no claim subject to these Terms of Use may bebrought as a class action.
Severability
If for any reason any provision of this agreement isfound unenforceable, that provision shall be enforced to the maximum extentpermissible so as to effect the intent of the parties as reflected in thatprovision, and the remainder of the Agreement shall continue in full force andeffect.
No Waiver
Any failure of Employedbythehour.com LLC or Employedbythour.comto enforce or exercise any provision of this Agreement or related right shallnot constitute a waiver of that right or provision.
Section Titles
The section titles used in this Agreement are purely forconvenience and carry with them no legal or contractual effect.
Termination
In the event of termination of this Agreement for anyreason, you agree the following provisions will survive: the provisionsregarding limitations on your use of content, the license(s) you have grantedto Employedbythour.com, and all other provisions for which survival isequitable or appropriate.