HireVillage.com Terms of Use and Legal Policy

Terms of Service
1. ACCEPTANCE OF TERMS
HireVillage.com ("HireVillage.com") welcomes you. Please read this information carefully as it contains the Terms of Service (“TOS”) governing your access to and use of the HireVillage.com Web Site. If you do not accept these TOS or you do not meet or comply with their provisions, you may not use the Site. If you are an employer using the Site, you may have entered into a Service Agreement with HireVillage.com, in which case these TOS are part of and incorporated into that Service Agreement. The TOS are effective as of July 1, 2006. The TOS, which may be updated by us from time to time without notice to you. In addition, when using particular HireVillage.com owned or operated services, you and HireVillage.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our spam policy) are hereby incorporated by reference into the TOS.

The Site may be used only for lawful purposes by individuals seeking employment and researching career information, as well as HireVillage.com member companies (companies and staffing firms). If you direct job seekers to leave the HireVillage.com Website, you permit HireVillage.com to frame any of the materials or information to which you link such job seekers.

2. DESCRIPTION OF SERVICE
LICENSE TO USE BY USERS WHO ARE JOB SEEKERS
HireVillage.com 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 and noncommercial use. You agree that you are solely responsible for the content of any document you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. HireVillage.com reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

LICENSE TO USE BY USERS WHO ARE EMPLOYERS
HireVillage.com hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Resume Database) provided by HireVillage.com to any third party without the express written authorization of HireVillage.com. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. HireVillage.com reserves the right to suspend or terminate your access and use at any time if HireVillage.com determines that you are in breach of any of these TOS. The Resume Database is to be accessed and used solely by you. Upon Your successful registration for resume search access, you will be provided with a password that will permit you to access the Resume Database. You may not provide your password or otherwise permit access to the Resume Database to any third party. You may download, one at a time, up to 50 resumes per day for your use in accordance with the terms of this Agreement. You may not provide or distribute such resumes to any third party. You are responsible for protecting and keeping your password confidential.
You acknowledge, consent and agree that HireVillage.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of HireVillage.com, its users and the public.

SUBSCRIPTION PERIOD
This Agreement shall commence as of the date you click ”I accept”, agreeing to be bound by the terms of this Agreement (the ”Effective Date”) and shall continue for the duration of the Subscription Period selected and prepaid in full by You (”Subscription Period”), unless terminated earlier by HireVillage.com as provided herein. You may not cancel this Agreement for any reason during the Subscription Period.

AUTOMATIC RENEWAL
Unless hirevillage.com receives notice from you prior to the expiration of the current subscription period of your selection of a new subscription period or your termination of this agreement, following the expiration of the subscription period, hirevillage.com reserves the right to automatically renew each month for an additional one (1) month period (”renewal period”). For each such Renewal Period, you shall pay to HireVillage.com the then-current monthly subscription fee, and you hereby authorize HireVillage.com to automatically bill your specified credit card for such monthly subscription fee. Any changes in your billing and credit card payment information must be promptly reported to customer service at customer service@hirevillage.com.  If HireVillage.com receives a notice of your intent to terminate this Agreement prior to the expiration of a Renewal Period, this Agreement will terminate on the last day of that Renewal Period.

3. AUTHORITY
You represent and warrant that the person accepting this Agreement has full right and authority to enter into this Agreement on Your behalf.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HireVillage.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HireVillage.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through HireVillage.com’s on-line operations only. Please note, as set forth in the Privacy Policy, that HireVillage.com may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, HireVillage.com reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.

5. MEMBER POSTING, CONDUCT AND SECURITY
HireVillage.com 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 HireVillage.com's discretion. HireVillage.com reserves the right to change these rules.

POSTING POLICES
(a) Your Document may not contain: (i) URLs or links to Web sites; (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, franchises, "club memberships," 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 opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements 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 from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Job postings must be individual openings for traditional, W-2 or 1099 employees.
(e) 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.
(f) HireVillage.com is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at HireVillage.com's discretion.

CONDUCT RULES
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors 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 all 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 HireVillage.com immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to feedback@hirevillage.com.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time during the term of this agreement HireVillage.com comes to the understanding that you: (i) misled HireVillage.com of your business practices and/or services, or (ii) purchased services that do not represent your precise business, HireVillage.com reserves the right to terminate this agreement.

SECURITY RULES
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (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",  or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header 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. HireVillage.com 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.
You understand that all information, data, text, software, graphics, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not HireVillage.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. HireVillage.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will HireVillage.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Furthermore, HireVillage.com specifically prohibits any use of the Site, and all users agree not to use the Site, for any of the following:

1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, abusive, tortuous, defamatory, vulgar, invasive of another's privacy, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a HireVillage.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. Make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters, telephone calls or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise, to member companies or job seekers;
7. Recruiters representing candidates may not send that candidate's resume in response to a job posting;
8. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
9. Advertising more than one position within a job slot or job posting;
10. Taking any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure
11. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from HireVillage.com on the Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
12. Accessing the Site by any means other than through the interface that is provided by HireVillage.com for use in accessing the Site.
13. Attempting to decipher, decompile, disassemble, copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software comprising or in any way making up a part of the Site (or allow any third party to). You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
14. Aggregating, copying or duplicating in any manner any of the materials or information available from the Site.
15. Framing of or linking to any of the materials or information available from the Site.
16. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
17. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
18. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
19. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
20. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
21. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
22. "Stalk" or otherwise harass another; and/or;
23. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that HireVillage.com may or may not pre-screen Content, but that HireVillage.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, HireVillage.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HireVillage.com or submitted to HireVillage.com, including without limitation information in HireVillage.com Message Boards and in all other parts of the Service.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by HireVillage.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. INTERSTATE NATURE OF COMMUNICATIONS ON HIREVILLAGE.COM NETWORK

When you register with HireVillage.com, you acknowledge that in using HireVillage.com services to send electronic communications, you will be causing communications to be sent through HireVillage.com's computer networks, portions of which are located in throughout the United States and portions of which are located abroad. As a result, and also as a result of HireVillage.com’s network architecture and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. The HireVillage.com makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access HireVillage.com from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the laws of the State of Georgia. 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 Georgia. The sole relationship between you and HireVillage.com is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent 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 or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of 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 HireVillage.com in a particular "Legal Notice," or software license or material on particular Web pages of the Site, this Agreement constitutes the entire agreement between you and HireVillage.com.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
HireVillage.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant HireVillage.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of HireVillage.com Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific HireVillage.com Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or HireVillage.com removes such Content from the Service.
With respect to Content other than photos, or graphics you submit or make available for inclusion on publicly accessible areas of the Service other than HireVillage.com Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Publicly accessible areas of the Service are those areas of the HireVillage.com network of properties that are intended by HireVillage.com to be available to the general public. By way of example, publicly accessible areas of the Service would include HireVillage.com Message Boards and portions of the site that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of HireVillage.com Groups that are limited to members, HireVillage.com services intended for private communication or areas off of the HireVillage.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by HireVillage.com.

9. INDEMNITY
You agree to indemnify and hold HireVillage.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. HireVillage.com 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 claim, suit or proceeding.

10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any commercial purposes, any portion of the Service (including your HireVillage.com ID), use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that HireVillage.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on HireVillage.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HireVillage.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that HireVillage.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that HireVillage.com reserves the right to modify these general practices and limits from time to time.

12. MODIFICATIONS TO SERVICE
HireVillage.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HireVillage.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION
You agree that HireVillage.com may, under certain circumstances and without prior notice, immediately terminate your HireVillage.com account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your HireVillage.com account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in HireVillage.com's sole discretion and that HireVillage.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

14. ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HireVillage.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. LINKS
The Service may provide, or third parties may provide, links to other sites or resources. These links are provided solely as a convenience to you. If you decide to access linked third-party web sites, you do so at your own risk. Because HireVillage.com has no control over such sites and resources, you acknowledge and agree that HireVillage.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that HireVillage.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. HIREVILLAGE.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HireVillage.com or advertisers.

17. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:

1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Hirevillage.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. Hirevillage.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from hirevillage.com or through or from the service shall create any warranty not expressly stated in the TOS.
5. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
6. HireVillage.com is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. HireVillage.com 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 decisions, for whatever reason made, made by any User.
7. 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.
8. HireVillage.com assumes no responsibility for the activities, omissions or other conduct of Users. HireVillage.com 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, HireVillage.com may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. HireVillage.com has no liability or responsibility to Users for performance or nonperformance of such activities. HireVillage.com may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

18. LIMITATION OF LIABILITY
You expressly understand and agree that hirevillage.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if hirevillage.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17again. In addition, for this type of information particularly, the phrase "Let the investor beware" is appropriate. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. HireVillage.com and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.

20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

21. NOTICE
HireVillage.com may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service. HireVillage.com 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 the Site will be considered acceptance by you of the then-current TOS (including any Exhibits thereto). If at any time you find the TOS unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by HireVillage.com unless HireVillage.com agrees to them in a signed writing specifically including those new or different terms. HireVillage.com may change the Site at any time.

22. TRADEMARK INFORMATION
The HireVillage.com logo, trademarks and service marks and other HireVillage.com logos and product and service names are trademarks of Yarmouth & Choate LLC. Without Yarmouth & Choate LLC prior permission, you agree not to display or use in any manner the HireVillage.com Marks.

23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
HireVillage.com respects the intellectual property of others, and we ask our users to do the same. HireVillage.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 HireVillage.com's Copyright Agent 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.

HireVillage.com's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o HireVillage.com Inc.
P.O. Box 1028
Suwanee, GA 30024
By fax: 877.349.3381
By email: copyright@HireVillage.com

 

24. PAYMENT OF SERVICES UPON TERMINATION OF SERVICE AGREEMENT

If at any time during the course of this Agreement you should terminate a Service Agreement in which the TOS have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by HireVillage.com, HireVillage.com shall reserve the right to receive all payments from you for the Services used by you up to termination and for 100 percent (100%) of the remaining unused portion of the Service Agreement.

25. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and HireVillage.com and governs your use of the Service, superseding any prior agreements between you and HireVillage.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HireVillage.com services, affiliate services, third-party content or third-party software.

26. WAIVER AND SEVERABILITY OF TERMS
The failure of HireVillage.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.

27. NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your HireVillage.com account is non-transferable and any rights to your HireVillage.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

28. STATUTE OF LIMITATIONS
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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

29. VIOLATIONS
Please report any violations of the TOS to violations@hirevillage.com