The domain name www.onjob.in (hereinafter referred to as "Website") is owned by Onjob LLP a company incorporated under the Companies Act, 1956 with its registered office at No. 26, 1st Floor, 2nd Main, M R Layout, Near Maharaja & Himalaya Furniture, Outer Ring Road, Hormavu Circle, Bangalore - 560 043. Karnataka, INDIA. (herein after referred to as "Onjob LLP").
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Onjob LLP website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Onjob LLP reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Onjob LLP's notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or provide other data, information or communication to us, You agree and understand that you are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize for taking services with respect to services provided by Onjob LLP and interact with one another for their transactions. Onjob LLP is not and cannot be a party to or control in any manner any transaction between the Website's Users.
• All commercial/contractual terms are offered by and agreed to between users of the website alone.
• Onjob LLP does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the services proposed to be sold or offered to be sold or purchased on the Website of the third party. Onjob LLP accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
• Onjob LLP platform shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail by the user. Onjob LLP reserves the right to filter and monitor and block the emails sent by users using the servers maintained by Onjob LLP to relay emails. All attempts shall be made by Onjob LLP and the user to abide by International Best Practices in containing and eliminating Spam.
• Users shall not spam the database maintained by Onjob LLP or indiscriminately and repeatedly forward mail that may be considered spam etc. etc. Any conduct of the user in violation of this clause shall entitle Onjob LLP to forthwith terminate all services to the user without notice and to forfeit any amounts paid by him.
• The user shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
• The User is solely responsible for maintaining confidentiality of the User password and user identification and all activities and transmission performed by the User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and Onjob LLP assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line.
• The User/Subscriber/Visitor to Onjob LLP and/or its affiliated websites does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while assessing or feeding any resume/ insertion or information/data into the computers, computer systems or computer network of Onjob LLP. The said User/ subscriber/ visitor to Onjob LLP and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made thereunder, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
• You release and indemnify Onjob LLP and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Onjob LLP cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
• The user shall not infringe on any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so.
• Onjob LLP will make best efforts to do so but does not warrant that any of the web sites or any affiliate site(s) or network system linked to it is free of any operational errors nor does it warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. The subscription of a user shall be subject to Quotas as applicable and as advised. E-Mails provided as part of contact details are expected to be genuine and access to such email accounts is available to authorised personnel only.
• Onjob LLP shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
• Payments for the services offered by Onjob LLP shall be on a 100?vance basis. Refund if any will be at the sole discretion of Onjob LLP. Onjob LLP offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. Onjob LLP gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Onjob LLP undertakes no liability for free services.
• In case a person using the world wide web/internet receives a spam or virus which includes a link to Onjob LLP or to any other site maintained, operated or owned by Onjob LLP, it should not be held responsible for the same. Onjob LLP assumes no responsibility for such mails.
• Onjob LLP neither guarantees nor offers any warranty about the credentials bonafides, status or otherwise of the prospective employer/organization which downloads the resume/ insertion or information/data and uses it to contact the user. Onjob LLP would not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by user due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Onjob LLP’s reasonable control including but not limited to strikes, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
• Onjob LLP undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber. It shall be the sole responsibility of the user to ensure that it uses the privacy setting options as it deems fit to debar / refuse access of the data fed by it, to such corporate entities individuals or consultants.
• User further represent that the products/services purchased are not for resale to others.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
• You shall not host, display, upload, modify, publish, transmit, update or share any information which:
o Belongs to another person and to which You does not have any right to;
o Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
o Is misleading in any way;
o Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
o Harasses or advocates harassment of another person;
o Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
o Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
o Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
o Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
o Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
o Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
o Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
o Contains video, photographs, or images of another person (with a minor or an adult).
o Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
o solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
o Interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
o Harm minors in any way;
o Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
o Violates any law for the time being in force;
o Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;
o Impersonate another person;
o Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
o Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
o Shall not be false, inaccurate or misleading;
o Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
o Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
o You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
o You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or toany server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
o You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
o You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Onjob LLP, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Onjob LLP on platform or otherwise tarnish or dilute any Onjob LLP's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Onjob LLP's systems or networks, or any systems or networks connected to Onjob LLP.
o You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
o You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
o You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our platform. You shall not engage in any activity, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
o It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on theWebsite. Please carefully select the type of information that You publicly disclose or share with others on the Website.
o Onjob LLP shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Consent to Use of Data
You agree that www.onjob.in can collect certain personal information about you such as your IP Address, etc. and can automatically store it the database of Onjob LLP. However, if you register yourself on Onjob LLP, you shall be required to provide certain personal information for the registration and/or access the web pages. Such information may include, without limitation, your name, email address, contact address, mobile/telephone number(s), sex, age, occupation, interests, credit card information, billing information, financial information, content, IP address, standard web log information, information about your computer hardware and software and such other information as may be required for your interaction with the services and from which your identity is discernible. We may also collect demographic information that is not unique to you such as code, preferences, favorites, etc. Further, sometimes you may be asked to provide descriptive, cultural, preferential and social & life style information.( herein after referred to as INFORMATION).
You agree and consent that any synchronization of your social media accounts with that of Onjob LLP account shall be available to be viewed by other recruiters and third parties for the purposes of providing services of Onjob LLP and other related activities.
You agree and confirm that any such INFORMATION collected through your registration or opting/ purchasing any paid services/non paid services on Onjob LLP can use, transfer, process and store such INFORMATION in any manner whatsoever. The INFORMATION collected can be shared with third parties in case you register yourself on the Onjob LLP or opting/ purchasing any paid services/non paid services on Onjob LLP and you herein by agreeing to this terms and conditions grants explicit permission and approval for the same. You agree and confirm that no sensitive/personal information has been shared by you with www.onjob.in.
We also use this Contact information to enhance the experience with our Services by helping you to grow your network by: identifying your contacts that are already Members of our Services; providing a template to send invitations on your behalf to your contacts that are not Members; and suggesting people you may know (even if not in your contacts) but are not yet connected with you on our Services (as we may infer from your shared connections or shared managers, employers, educational institutions and other such factors). We may also use this information to show you and other Members that you share the same uploaded contacts that may or may not be Members.
As between you and Onjob LLP, you own the content and information that you submit or post to Onjob LLP and you are only granting Onjob LLP the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
o You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
o We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
o While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
o Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding the Services of Onjob LLP, you agree that Onjob LLP can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Onjob LLP may be required by law to remove certain information or content in certain countries.
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Further User hereby express that it has no objection upon any call/SMS/Communication by ONJOB LLP, any third party on its behalf or any other party authorized by ONJOB LLP, communicating to User with regard to the Onjob LLP Services like Job Search, Job Alert, Onjob LLP Career Services etc or any other services of its agents.. Notwithstanding User’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accord its willful consent to receive communication (including commercial communication) in relation to Onjob LLP Services. User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Onjob LLP does not warrant that:
o This Website will be constantly available, or available at all; or
o The information on this Website is complete, true, accurate or non-misleading.
Onjob LLP will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Onjob LLP does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on "AS IS" basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded. Certain links on the Site lead to resources located on servers maintained by third parties over whom Onjob LLP has no control or connection, business or otherwise as these sites are external to Onjob LLP you agree and understand that by visiting such sites you are beyond the Onjob LLP’s website. Onjob LLP therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
o Lack of authorization for any transaction/s, or
o Exceeding the preset limit mutually agreed by You and between "Bank/s", or
o Any payment issues arising out of the transaction, or
o Decline of transaction for any other reason/s
o All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online environment to Our Users.
o You understand, accept and agree that the payment facility provided by Onjob LLP is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Onjob LLP Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Onjob LLP is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
o Onjob LLP reserves the right to impose limits on the number of Transactions or Transaction Price which Onjob LLP may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
o Onjob LLP reserves the right to refuse to process Transactions by users with a prior history of questionable charges including without limitation breach of any agreements by user with Onjob LLP or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
Compliance with Laws:
User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Onjob LLP Website.
Buyer's arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the user and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between user and the respective Issuing Bank.
Trademark, Copyright and Restriction
This site is controlled and operated by Onjob LLP. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Onjob LLP respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Onjob LLP at contactus@Onjob LLP.
Limitation of Liability
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
The Compliance Officer
Mr. Sudhakar Reddy
No. 26, 1st Floor, 2nd Main, M R Layout, Near Maharaja & Himalaya Furniture, Outer Ring Road, Hormavu Circle, Bangalore - 560 043. Karnataka, INDIA
Time: 0900-1800 Hrs(Monday – Friday except all Holidays)
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Onjob LLP. Onjob LLP encourages its Users to be professional, courteous and respectful when communicating by email.
However, Onjob LLP will investigate and can take action on certain types of unwanted emails that violate Onjob LLP policies. Such instances: Threats of Bodily Harm - Onjob LLP does not permit Users to send explicit threats of bodily harm. Misuse of Onjob LLP System - Onjob LLP allows Users to facilitate transactions through the Onjob LLP system, but will investigate any misuse of this service. Spoof (Fake) email - Onjob LLP will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab. Spam (Unsolicited Commercial email) - Onjob LLP's spam policy applies only to unsolicited commercial messages sent by Onjob LLP Users. Onjob LLP Users are not allowed to send spam messages to other Users. Offers to Buy or Sell Outside of Onjob LLP - Onjob LLP prohibits email offers to buy or sell listed products outside of the Onjob LLP Website. Offers of this nature are a potential fraud risk for Users. Onjob LLP policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards. Violations of this policy may result in a range of actions, including:
o Limits on account privileges
o Account suspension
o Cancellation of listings
o Loss of special status
o Other Businesses
Onjob LLP does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Onjob LLP assumes no responsibility for examining or evaluating the products and services offered by them. Onjob LLP do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Onjob LLP does not endorse, in any way, any third party website(s) or content thereof.
Terms and Conditions
1. Introduction. Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the Onjob LLP Web Sites and the Services (as each are defined below) provided by Onjob LLP, LLC or one of its divisions (collectively, "Onjob LLP"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Onjob LLP Web Sites or Services. These Terms and Conditions are effective as of May 7, 2019.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Onjob LLP), together with your Advertising and Candidate Search Service Agreement (if applicable), form a binding agreement (the "Agreement") between you and Onjob LLP. Your access to or use of the Onjob LLP Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 "Onjob LLP Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 "Onjob LLP Web Site" or the "Site" (collectively, the "Onjob LLP Websites" or the "Sites") means any web site under Onjob LLP's control, whether partial or otherwise and includes such Site's Content, Onjob LLP Materials and Services (as applicable in each context).
3.3 "Content" means Onjob LLP's web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by Onjob LLP (including, among others, its "Resume Database," "Salary Calculator Database," "TalentStream Supply & Demand Database" and the Recruitment Edge Database), data submitted via the Sites by Users and other content made available through the Sites by Onjob LLP.
3.5 "Document" refers to any posting to a Site, whether job or resume.
3.6 "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.7 "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.9 "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.10 "Services" means any services provided by Onjob LLP or its agents described herein and specified more fully in the Service Activation Agreement.
3.12 "User" refers to any individual or entity that uses any aspect of the Sites.
3.13 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of Onjob LLP's intended and acceptable use of the Sites. Onjob LLP is the sole interpreter of the Sites' intended and acceptable use.
4.2 Onjob LLP Intellectual Property Rights. The Sites, the Onjob LLP Materials and all right, title and interest in and to the Sites and Onjob LLP Materials are the sole property of Onjob LLP or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Onjob LLP reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Onjob LLP Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Sites other than the search engine and search agents available from Onjob LLP on such Onjob LLP Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Onjob LLP Sites, without the express written consent of Onjob LLP. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Onjob LLP Materials are not considered to be works for hire and you may duplicate such Onjob LLP Materials only for the purposes outlined in the Service Activation Agreement. "Onjob LLP," "Personified", the Onjob LLP design logo and certain other names or logos are service marks or trademarks of Onjob LLP, and all related product and service names, design marks and slogans are the service marks or trademarks of Onjob LLP. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Onjob LLP's trademarks, service marks and copyrights. Any code that Onjob LLP creates to generate or display the Content or the pages making up the Sites is also protected by Onjob LLP's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Onjob LLP Materials on any authorized copy you make of the Content or Onjob LLP Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. Onjob LLP hereby grants you a limited, terminable, non-exclusive right to access and use the Sites 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 Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Onjob LLP reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. Onjob LLP hereby grants you a limited, terminable, non-exclusive right to access and use the Sites 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 Sites solely for your personal use directly related to searching for and recruiting job prospects. Onjob LLP also grants you a limited, terminable, non-exclusive license to use the Onjob LLP Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Onjob LLP to any third party without the express written authorization of Onjob LLP. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Onjob LLP reserves the right to suspend or terminate your access and use at any time if Onjob LLP determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Onjob LLP a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer's website in connection with the Services.
4.6 Use of Aggregate Data. You understand and agree that Onjob LLP owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Onjob LLP may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
4.8 User Submissions. Onjob LLP welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Onjob LLP does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Onjob LLP creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of Onjob LLP. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Onjob LLP's part, and Onjob LLP will not be liable for any use or disclosure of any User Submission. Onjob LLP shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Third Party Providers. You acknowledge and agree that Onjob LLP may provide the Services using third party providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between Onjob LLP and its Third Party Providers, Onjob LLP will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on Onjob LLP's Liability.
6.1 Allocation of Responsibility Onjob LLP assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Onjob LLP 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 these Terms and Conditions, Onjob LLP may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Onjob LLP has no liability or responsibility to Users for performance or nonperformance of such activities. Onjob LLP may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by Onjob LLP. Nothing on the Sites 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.
6.3 WARRANTY DISCLAIMERS.
(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ONJOB LLP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ONJOB LLP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) ONJOB LLP DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ONJOB LLP IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Onjob LLP makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Onjob LLP makes no representations or guarantees regarding the Content of the SiteS, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) ONJOB LLP MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. ONJOB LLP DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL ONJOB LLP (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONJOB LLP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ONJOB LLP'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL ONJOB LLP (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH ONJOB LLP, THE AMOUNTS ACTUALLY PAID BY YOU TO ONJOB LLP UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Onjob LLP will be entitled to equitable relief upon a breach of this agreement by you.
6.5 User Authentication. Because User authentication on the Internet is difficult, Onjob LLP cannot and does not confirm that each User is who they claim to be. Because Onjob LLP does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Onjob LLP from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.6 California Residents. 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
7. Data Protection. If you are an Employer, this Section 7 applies
7.1 To the extent that the provision of the Services under this Agreement involves the processing of Employer Personal Data by Onjob LLP as a processor on behalf of Employer as a data controller under GDPR, Onjob LLP's Data Protection Addendum is incorporated into, and hereby forms a part of, this Agreement.
7.2 To the extent that the provision of the Services under this Agreement involves personal data subject to GDPR other than Employer Personal Data, such data is provided by Onjob LLP as a data controller to Employer as a data controller for the Intended Purpose and:
(a) Onjob LLP warrants that it has an adequate legal basis under GDPR for sharing that data with Employer for the uses permitted by Section 4.4; and
(b) Employer will comply with GDPR and any other applicable data protection laws with respect to such data, including (i) processing such data fairly and lawfully and only for the Intended Purpose; (ii) processing such data only for as long as is necessary for the Intended Purpose and deleting such data once the Intended Purpose has been fulfilled; (iii) having in place appropriate technical and organizational measures to protect such data against accidental or unlawful destruction or accidental loss, alternation, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data; (iv) having in place procedures so that any third party it authorizes to have access to such data, including processors, will respect and maintain the confidentiality and security of the data; (v) not disclosing or transferring such data to a third party located outside of the European Economic Area or Switzerland unless it does so in compliance with all applicable data protection laws; and (vi) complying with data subject requests received by it for access to, or correction, amendment, blocking or deletion of, such data made pursuant to applicable data protection laws.
7.3 For the purposes of this Section 7, "GDPR" means the Regulation (EU) 2016/679 of the European Parliament and of the Council of the 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data as applicable as of 25 May 2018 as may be amended from time to time, together with all laws and regulations implementing the same in any European Member State and "Employer Personal Data" means personal data concerning Job Seekers that has been uploaded by Employer or by a Job Seeker directly to the Services operated by Onjob LLP solely on behalf of the Employer and subject to GDPR with respect to the processing of such personal data.
8. Links to Other Sites. Onjob LLP contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Onjob LLP of the contents on such third-party web sites. Onjob LLP is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
9. Amendments to this Agreement and Changes to Sites. Onjob LLP may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Onjob LLP unless Onjob LLP agrees to them in a signed writing specifically including those new or different terms. Onjob LLP may change the Sites at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless Onjob LLP (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Onjob LLP 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.
11.1 When you register on any of the Onjob LLP Sites or in connection with the Services, you will be asked to create an account and provide Onjob LLP with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
12. Questions and Notices. Questions concerning the use of the Sites should be directed to Feedback. Notices to Onjob LLP should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as Onjob LLP reasonably determines is an appropriate address for you.
13. General. Onjob LLP contact information is listed on the Sites. Onjob LLP 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 Sites. If you access Onjob LLP 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 and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between you and Onjob LLP 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 Sites, 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 Onjob LLP in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and Onjob LLP.
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
14.1 Posting Rules:
(a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (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) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership"); provided, however that Onjob LLP may allow posting of certain training and business opportunities (see 14.1(e) below).
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted.
(d) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.
(e) In limited circumstances, at Onjob LLP's sole discretion, Onjob LLP allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. Onjob LLP reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Onjob LLP deems such job posting to conflict with the best interests of its Users or detract from the User experience.
(f) 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.
(g) Onjob LLP is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Onjob LLP's sole discretion.
14.2 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 are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. Your Onjob LLP account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a Onjob LLP account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Onjob LLP account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Onjob LLP immediately of any unauthorized use of your account or password.
(d) Report inappropriate postings or conduct to Feedback
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time Onjob LLP comes to the understanding that you: (i) misled Onjob LLP regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Onjob LLP reserves the right to terminate your Agreement.
14.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Sites, 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 Sites, overloading, "flooding", "mail bombing" 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.
(b) Violation of these Security Rules may result in civil or criminal liability. Onjob LLP 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.
15. Copyright Complaints.
15.1 Onjob LLP respects the intellectual property of others. It is Onjob LLP's policy to respond to claims of copyright and other intellectual property infringement. Onjob LLP will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Onjob LLP may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Onjob LLP will terminate access for Users who are repeat infringers.
15.2 Notifying Onjob LLP of Copyright Infringement: To provide Onjob LLP notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of TSST@Onjob LLP that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
15.3 Providing Onjob LLP with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Onjob LLP with a counter notification by written communication to the attention of "Trust and Site Security" at TSST@ Onjob LLP that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Please note that Sections 16, 17 and 18 below contain terms and conditions that apply to specific Services (Resume Database, Recruitment Edge and Recruitment Analytics) and they are part of this Agreement if you are purchasing or using any of those specific Services or packages that include such Services (Sections 16 and 17 govern use of Standard Search and sections 16, 17 and 18 govern use of Search Pro).
16. Additional Terms in Connection with Use of Resume Database. If, in your Service Activation Agreement with Onjob LLP, you are purchasing Resume Database access, the following additional terms apply to you:
16.1 Onjob LLP grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Onjob LLP Resume Database via the Sites for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively "Resumes") solely for your use.
16.2 The Resume Database is to be accessed and used solely by those Users whom you authorize to access the Resume Database through your account (each an "Authorized RDB User"). Each Authorized RDB User will be issued a unique Resume Database Seat (a "Seat") through which they can perform the actions described in 16.1. Each Seat must be purchased in advance by you and may be accessed by using unique login credentials. You are only permitted to assign one Seat per Authorized RDB User and Authorized RDB Users may not share their login credentials or Seat access amongst themselves, with any other co-workers or with any other third parties.
16.3 Authorized RDB Users may download, one at a time, up to either 50 Resumes per day (per Seat) or 3000 Resumes per month (per Seat) depending on the Resume Database product purchased by you in accordance with the terms of your Agreement. Please note that the term "download" shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii) printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that results or could result in your use of a Resume or any of the information contained therein.
16.4 Neither you nor your Authorized RDB Users may use the Resume Database in any way which, in Onjob LLP's sole judgment, adversely affects Onjob LLP's business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database. Further, use of the Resume Database by you or by your Authorized RDB Users may not interfere with or violate, in any manner, the privacy election of Onjob LLP Job Seekers. You understand and agree that any violation of section 16 will give Onjob LLP the right to immediately terminate any and all access to the RDB and to terminate any corresponding Agreements.
16.5 You and your Authorized RDB Users may use your subscription to the Resume Database only for seeking candidates for employment and are specifically prohibited from using information contained in the Resume Database to (i) sell or promote any products or services, (ii) send emails that, in Onjob LLP's sole judgment, are excessive in frequency or contain job postings that are irrelevant to the work history of particular classes of Job Seekers or (iii) take any other action that is, in Onjob LLP's sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. Company understands and agrees that if Company uses the Resume Database in violation of the preceding restrictions, then Onjob LLP may, at its sole discretion, either terminate Company's Agreement or transfer Company's Seats from the Resume Database to the Targeted Resume Database (a database that only contains individuals whom Onjob LLP has identified as appropriate candidates for sales positions where the majority of the compensation is to be derived from commissions).
16.6 Onjob LLP may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the Onjob LLP Resume Database, Onjob LLP does not convey any interest in or to the Resume Database or any other Onjob LLP property or Services. All right, title and interest in and to the Resume Database is and shall remain in Onjob LLP.
17. Additional Terms in Connection with Use of Recruitment Edge Services. If, in your Service Activation Agreement with Onjob LLP, you are purchasing our Recruitment Edge Services, the following additional terms apply to you:
17.1 Recruitment Edge aggregates data from the open web by scanning professional networking sites, talent hubs, blogs, publications and journals, and scanning social networks to find talent. Recruitment Edge may solely be used for candidate lead generation purposes and to make initial contact with possible candidates and must not be used to evaluate a job applicant's eligibility for employment or a current employee's eligibility for continued employment, reassignment or promotion. You are prohibited from reviewing profiles of persons who are employed by you or who have already expressed interest in employment with you outside of the Recruitment Edge platform. Any information regarding a potential candidate that is obtained from Recruitment Edge is largely derived from public sources and is not guaranteed or verified to be accurate or up to date. Accordingly, such information should not be maintained in the individual's application file or in any subsequent employee file.
17.2 Onjob LLP grants Company a limited, personal, terminable, non-transferable, non-exclusive right to access Recruitment Edge via the Sites for the purpose of viewing and/or downloading a single copy of available profiles (collectively, "Profiles") solely for Company's internal use. Recruitment Edge is to be accessed and used solely by Company through its authorized Users. Company may download, one at a time, up to either 150 Profiles per day (per Recruitment Edge user license). Please note that the term "download" shall include: (i) viewing or clicking on a Profile page; (ii) saving a Profile to a folder; (iii) printing a Profile; (iv) copying a Profile; (v) emailing or forwarding a Profile; and/or (vi) any other action that results or could result in Company's use of a Profile or any of the information contained therein. In addition, if a search in Recruitment Edge yields a Profile for a potential candidate who is part of the Onjob LLP Search Database, then the search will count against that Search Database Seat's monthly download limit rather than the Recruitment Edge Seat's daily download limit.
18. Additional Terms in Connection with Use of Recruitment Analytics Services. If, in your Service Activation Agreement with Onjob LLP, you are purchasing any of our Recruitment Analytics Services, the following additional terms apply to you:
18.1 Use of Reports. Onjob LLP hereby grants you a limited, non-exclusive, non-assignable (except as otherwise provided in this Agreement), worldwide right and license to: (a) store and use any Recruitment Analytics Services for your internal management, reference or informational purposes, and (b) distribute copies of any reports generated by the Recruitment Analytics Services (each a "Report"), subject to the conditions that (i) such copies may be distributed only in printed or static electronic PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other consideration, and (iii) you shall not remove or modify any branding, marks, copyright or trademark notices, or any other notices or disclaimers set forth in any Report without Onjob LLP's prior written consent, or otherwise modify the Report in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public statements regarding any Report, or the contents or conclusions in same, without the express written consent of Onjob LLP.
18.2 Use of Your Data. If you have purchased Recruitment Analytics Services, then you may provide Onjob LLP with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job Seekers sourced from your own files ("Job Seeker Data"). You hereby grant Onjob LLP a non-exclusive license to use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain the Services for Company's use. Notwithstanding the foregoing, you understand and agree that Onjob LLP may derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 4.6.