Terms of Use
Last revised and effective as of February 10, 2007
PLEASE NOTE: Employers are required to complete profile information including valid e-mail, telephone number and company name. HIMsJobs staff reserves the right to contact employers by phone or e-mail to verify the validity of the registration. Accounts that cannot be verified will not be given access to the resume bank.
Vendors registering as "job seeker" and providing a "resume" as a means to promote services in response to job listings will be in violation of the Terms of Use and may have their user account deleted and/or permanently banned.
1. Acceptance of Terms
HIMS JOBS.COM (herein referred to as HIMS JOBS) provides an assortment of
online resources, including stories of people's wishes, dreams and needs, classified
ads, and various email services, (referred herein as "the Service") subject
to the following Terms of Use ("Terms"), which may be updated by HIMS JOBS
from time to time.
HIMS JOBS will provide notice of materially significant changes to the Term
by posting notice on the HIMS JOBS site. The most up-to-date version of the
Terms can be viewed at: http://www.himsjobs.com/include/themes/nasthon1001/terms.php.
By registering your listing on the Service, you are
agreeing to comply with these Terms. When using particular HIMS JOBS services,
you agree to abide by any applicable posted guidelines for all HIMS JOBS services,
which may change from time to time. If you object to any term or condition contained
herein, or any subsequent modifications thereto or become dissatisfied with
HIMS JOBS in any way, your only option is to immediately discontinue use of
HIMS JOBS. Registration fees are non-refundable.
2. Content
You understand that all listings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted through, or linked
from the Service, are the sole responsibility of the person from whom such Content
originated. You are entirely responsible for all Content that you list, post,
email or otherwise make available via the Service. You understand that HIMS JOBS
does not control, and is not responsible for Content made available through
the Service, and that by using the Service, you may be exposed to Content that
is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
This is not our intention and we would like your feedback if such information
is found on the Site. Furthermore, the HIMS JOBS site and Content available
through the Service may contain links to other websites, which are completely
independent of HIMS JOBS. HIMS JOBS does not make any representation or
warranty as to the accuracy, completeness or authenticity of the information
contained in this site. Should you choose to link to any other websites, it
is at your own risk. By using this site, you agree that it is your responsibility
to evaluate, and assume all risks associated with:
- the use of any Content
- that you may not rely on said Content
- that under no circumstances will HIMS JOBS be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise made available via the Service
You acknowledge that HIMS JOBS does not pre-screen or approve Content, but
that HIMS JOBS shall have the right (but not the obligation) in its sole
discretion to refuse, delete or remove any Content that is available via the
Service, for violating the letter or intent of the Terms, or for any reason.
3. Notification of Claims of Infringement
If you believe that your work has been used or copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please notify HIMS JOBS for notice of claims of copyright or other
intellectual property infringement ("Agent"), at Report
Abuse,
Please provide our Agent with the following Notice:
1. Identify the listing identification number of the alleged copyrighted work
or other intellectual property that you feel has been infringed;
2. Identify the material on the HIMS JOBS's site that you allege is infringing,
with enough detail so that we may locate it on the website;
3. A notarized affidavit by you that you have a good faith belief that the alleged
and disputed use is not authorized by the copyright owner, its agent, or the
law, including your statement, declaring under penalty of perjury that (a) the
information that you provide in your Notice is accurate, and (b) that you are
the owner of the copyright interest involved or that you are authorized to act
on behalf of the copyright owner;
4. Your address, telephone number, and email address; and
5. Your physical or electronic signature.
HIMS JOBS's Agent will forward this information to the alleged infringer.
4. Privacy and Information Disclosure
HIMS JOBS has established a Privacy Policy to explain to users how their information
is collected and used, located at http://www.himsjobs.com/include/themes/nasthon1001/privacy.php. Your use of the HIMS JOBS website and the Services
contained therein signifies acknowledgement of and agreement to our Privacy
Policy. You further acknowledge and agree that HIMS JOBS may, in its sole
discretion, preserve or disclose your Content, as well as your information,
such as email addresses, IP addresses, timestamps, and other user information,
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: comply with legal process; enforce
these Terms; respond to claims that any Content violates the rights of third-parties;
or protect the rights, property, or personal safety of HIMS JOBS, its users
or the general public.
5. Conduct
By using HIMS JOBS, you agree not to post, email, or otherwise make available
Content that:
- is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic,
libelous, invasive of another's privacy, or harms minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to,
a HIMS JOBS employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
- includes personal or identifying information about another person without
that person's explicit consent.
- is false, deceptive, misleading, deceitful, deemed to be misinformation,
or constitutes "bait and switch";
- infringes upon any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or content that you do not have a right to
make available under any law or under contractual or fiduciary relationships.
- constitutes or contains any form of advertising or solicitation if (1)
posted in areas of the HIMS JOBS which are not designated for such purposes;
or (2) emailed to HIMS JOBS users who have requested not to be contacted
about other services, products or commercial interests.
- includes links to commercial services or web sites, except as allowed in
"small business or organization listings".
- advertises any illegal services or the sale of any items the sale of which
is prohibited or restricted by applicable law, including without limitation
items the sale of which is prohibited or regulated by California law - a partial
list of these is provided for your convenience
- 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;
- disrupts the normal flow of dialogue with an excessive number of messages
(flooding attack) to the Service, or that otherwise negatively affects other
users' ability to use the Service; or
- employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through
the Service.
In addition, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Service - exception is made for internet
search engines (e.g. Google) and non-commercial public archives (e.g. archive.org)
that comply with our robots.txt file;
- purposefully post Content in a irrelevant category or city, repeatedly
post the same or similar Content or otherwise impose an unreasonable or disproportionately
large load on our infrastructure; or
- attempt to gain unauthorized access to HIMS JOBS's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
HIMS JOBS website.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to HIMS JOBS email addresses or through HIMS JOBS computer systems, which is expressly
prohibited by these Terms, will use or cause to be used servers located in California.
Any unauthorized use of HIMS JOBS computer systems is a violation of these
Terms and certain federal and state laws, including without limitation the Computer
Fraud and Abuse Act (18 U.S.C. & 1030 et seq.), Section 502 of the California
Penal Code and Section 17538.45 of the California Business and Professions Code.
Such violations may subject the sender and his or her agents to civil and criminal
penalties.
7. Limitations on service
You acknowledge that HIMS JOBS may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the frequency
with which you may access the Service. You agree that HIMS JOBS has no responsibility
or liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that HIMS JOBS reserves the right
at any time to modify or discontinue the Service (or any part thereof) with
or without notice, and that HIMS JOBS shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
8. Termination of service
You agree that HIMS JOBS, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP address,
or otherwise terminate your access to or use of the Service (or any part thereof),
immediately and without notice, and remove and discard any Content within the
Service, for any reason, including, without limitation, if HIMS JOBS deems
that you have acted inconsistently with the letter or intent of the Terms. In
addition, you agree that HIMS JOBS shall not be liable to you or any third-party
for any termination of your access to the Service and, you agree not to attempt
to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive
termination of these Terms.
9. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You agree
that HIMS JOBS shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings. If there is a dispute
between participants on this site, or between users and any third party, you
understand and agree that HIMS JOBS is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby
release HIMS JOBS, its officers, employees, agents and successors in rights
from claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and / or our service.
If you are a California resident, you waive California Civil Code Section 1542,
which says: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the
release, which, if known by him must have materially affected his settlement
with the debtor."
10. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is protected
by copyright as a collective work and/or compilation, pursuant to copyrights
laws, and international conventions. Any reproduction, modification, creation
of derivative works from or redistribution of the Site or the collective work
is prohibited. Copying or reproducing the sites or any portion thereof to any
other server or location for further reproduction or redistribution is prohibited.
You further agree not to reproduce, duplicate or copy Content from the Service,
and agree to abide by any and all copyright notices displayed on the Service.
You may not decompile or disassemble, reverse engineer or otherwise attempt
to discover any source code contained in the Service. Without limiting the foregoing,
you agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any aspect of the Service. HIMS JOBS is a registered
mark in the U.S. Patent and Trademark Office.
Although HIMS JOBS does not claim ownership of content posted by it's users,
by posting Content to any public area of the Service, you automatically grant,
and you represent and warrant that you have the right to grant, to HIMS JOBS
an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to grant and authorize
sublicenses (through multiple tiers) of the foregoing.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE HIMS JOBS SITE AND THE SERVICES PROVIDED ARE ENTIRELY
AT YOUR OWN RISK. THE HIMS JOBS SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST
EXTENT PERMITTED BY LAW, HIMS JOBS DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HIMS JOBS SITE AND
THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HIMS JOBS DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
HIMS JOBS SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
HIMS JOBS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HIMS JOBS DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
HIMS JOBS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer
of implied warranties. In such jurisdictions, some of the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALLHIMS JOBS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HIMS JOBS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF
THE HIMS JOBS SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF THE HIMS JOBS SITE OR THE SERVICE, FROM INABILITY TO USE THE HIMS JOBS
SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION,
OR TERMINATION OF THE HIMS JOBS SITE OR THE SERVICE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HIMS JOBS SITE OR THE
SERVICE OR ANY LINKS ON THE HIMS JOBS SITE, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HIMS JOBS
SITE OR THE SERVICE OR ANY LINKS ON THE HIMS JOBS SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations
of liability are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you.
13. Indemnity
You agree to indemnify and hold HIMS JOBS, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers
and employees, harmless from any claim or demand, including reasonable attorney
fees and court costs, made by any third party due to or arising out of Content
you submit, post or make available through the Service, your use of the Service,
your violation of the Terms, your breach of any of the representations and warranties
herein, or your violation of any rights of another.
14. General information
The Terms constitute the entire agreement between you and HIMS JOBS and govern
your use of the Service, superceding any prior agreements between you and HIMS JOBS. The Terms and the relationship between you and HIMS JOBS shall be
governed by the laws of the State of California without regard to its conflict
of law provisions. You and HIMS JOBS agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Los Angeles, California.
The failure of HIMS JOBS to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If any provision
of the Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the Terms remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Service or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
15. Violations of Terms
Please report any violations of the Terms, by flagging the posting(s) for review,
or by emailing to Report Abuse. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
16. Feedback
We welcome your feedback
admin@himsjobs.com
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