Terms of Service

Last updated: 2024-06-20

1. Terms

Welcome to the VizJobs website (Site) operated by Zivary, LLC. VizJobs and its subsidiaries and affiliates (VizJobs, we,or us), require that all visitors to our Web sites, apps operated by VizJobs (the Site) adhere to the following terms and conditions of use. By accessing, browsing and using Site and/or posting any job, searching for job, submitting your application and using our Services in any manner, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your Company), to be bound by and comply with the following terms and conditions of use (these Terms) and to comply with all applicable laws and regulations. Unless otherwise specified, all references to the Site also include the use of our online platform, materials, proprietary content, tools, software, and services available through the Site (collectively all of these and the Site are called the Service). If you do not agree to these Terms, you are not authorized to use the Site.

BY ACCESSING AND USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR, IF AT ANY TIME, THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF THE SERVICE IMMEDIATELY.

THESE TERMS CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING , USING, OR BUYING ANY SERVICE THROUGH THE SITE.

2. USE OF SERVICE

You may use the Service only if you can form a binding contract with VizJobs, and only in compliance with this Agreement and all applicable local, state, national, and foreign laws, rules and regulations. If your minor children use the Service, you are solely responsible for such use, including, without limitation, any purchases your minor children make through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement and you agree that you will not allow your minor children under the age of 13 to engage in such use. You may not use the Service if you have previously been removed or banned from the Service by VizJobs.
In order to use certain Services, you will need to create an account. All the information you provide when you create your account must be true, accurate, current and complete. You are responsible for all activity in your account, so please secure and protect your login.
Accuracy of information. The information contained on the Services is not guaranteed to be accurate, current, or complete. VizJobs has attempted to provide accurate information on the Services, but assumes no responsibility for the accuracy of the information. Information on the Services may contain inaccuracies or typographical errors, and may be changed without notice. There may be errors in our Services and we reserve the right to correct errors
You will find third party coupons, deals, advertisements, and other offers on the Services (Offers). Offers are for products and services provided by third parties (each, a Seller), and if you choose to accept an Offer, the transaction will be between you and the Seller.
VizJobs has affiliate relationships with certain Sellers, and may receive compensation for your purchase from, or other interactions with, these Sellers. VizJobs is not a party to, or in any way responsible for, your transaction with a Seller, including when we have an affiliate relationship with Seller. We are not responsible fulfilling any Offers.
VizJobs may allow you to accept Offers or make other purchases from Sellers on our Services, using our checkout tools. While our platform helps facilitate your purchase, the transaction is solely between you and the Seller. You will need to contact the Seller directly for customer service issues, including questions about the products or services for sale, order status inquiries and refund requests. VizJobs does not provide any warranties or other protections for your purchase.
Before you purchase a product or service or otherwise accept an Offer, please read the entire description of the Offer, including the fine print and any additional terms and conditions set forth on the Seller’s website. You are responsible for understanding what you are buying and for following the Seller’s instructions. The terms and conditions of Offers, including refund and cancellation policies, are governed by the Seller’s policies, not ours. Please contact the Seller directly for questions regarding the Offer or your transaction with Seller.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated scraping; (ii) using any automated system, including without limitation robots, spiders, offline readers, etc., to access the Service in a manner that sends more request messages to the VizJobs servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that VizJobs grants the operators of public search engines revocable permission to use spiders to copy materials from VizJobs for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per-user limitations; or (xv) except as otherwise specifically set forth in a licensor’s end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use. Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. Streaming means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

3. ADDITIONAL TERMS APPLICABLE TO EMPLOYERS

Employers are solely responsible for their postings on the Site. VizJobs is not to be considered to be an employer with respect to Your use of VizJobs Site and VizJobs shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on VizJobs Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from VizJobs, including saved resumes, network contacts, and email mailing lists, may be deleted from VizJobs’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through VizJobs’s web servers.
In order to protect VizJobs Users from commercial advertising or solicitation, VizJobs reserves the right to restrict the number of e-mails which an employer may send to Users to a number which VizJobs deems appropriate in its sole discretion. You shall use VizJobs Profiles in accordance with all applicable privacy and data protection laws.
Employers must be legitimate, have a well-established and positive reputation. An Employer that does not satisfy our guidelines, particularly if there is questionable or scam-related behavior, will not be (or continue to be) approved for listing on the Site.

4. JOB ADS

Each Job Seeker acknowledges that (i) Job Ads are created by third parties over whom VizJobs has no control; and (ii) VizJobs has no control over the content of Job Ads or links from Job Ads.
A Job Ad may not contain (a) any hyperlinks, other than those specifically authorized by VizJobs; (b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in VizJobs’s reasonable discretion; (c) the names, logos or trademarks of unaffiliated companies other than those of your customer; (d) the names of colleges, cities, states, towns or countries that are unrelated to the posting; (e) more than one job or job description; (f) inaccurate, false, or misleading information; and (g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your VizJobs Job Ad to (a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; (b) post jobs that require citizenship of any particular country or lawful permanent residence in a country or possession of a certain type of visa, unless otherwise required in order to comply with laws, regulations, executive orders, or a federal, state or local government contract; (c) post jobs that include any screening requirement or criterion in connection with a Job Ad where such requirement or criterion is not an actual requirement of the posted job; (d) with respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit. (e) promote or advertise career fairs, job fairs, hiring events, conferences, seminars or open houses or any other event or meeting without VizJobs’s prior approval;(f) post jobs or other advertisements for competitors of VizJobs or post jobs or other content that contains links (other than links to apply for the job) to any site competitive with VizJobs;(g) sell, promote or advertise products or services;(h) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;(i) post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;(j) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling;(k) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;(l) post jobs on any VizJobs Site for modeling, acting, or entertainment agencies or modeling or acting scouting positions;(m) advertise sexual services or seek employees for jobs of a sexual nature;(n) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;(o) endorse a political party, political agenda, political position or issue;(p) promote a religion;(q) post jobs located in countries subject to economic sanctions of the United States Government; and (r) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health (including pregnancy status), (vi) sexual life, (vii) the commission of criminal offences or proceedings, (vii) age or (viii) sex or gender.
VizJobs reserves the right to remove any Job Ad or content from any VizJobs Site, which in the reasonable exercise of VizJobs’s discretion, does not comply with the above Terms, or if any content is posted that VizJobs believes is not in the best interest of VizJobs.
If at any time during Your use of the VizJobs Services, You made a misrepresentation of fact to VizJobs or otherwise misled VizJobs in regards to the nature of Your business activities, VizJobs will have grounds to terminate Your use of the VizJobs Services.

5. RESUME DATABASE

Employers shall use the Resume Database as provided in these Terms and in any Contract You have with VizJobs. You shall use the Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.<
You may not use the Resume Database in any way which, in VizJobs’s sole discretion, adversely affects VizJobs’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.
You shall take appropriate physical, technical, and administrative measures to protect the data and Information You have obtained from Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The Resume Database and information obtained from the Resume Database shall not be used: (a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders; (b) to send emails or text messages or make phone calls to resume holders that, in VizJobs’s sole discretion, are excessive in frequency or related to Job Ads that are irrelevant to the work history or location of, or unlikely to be of interest to, the resume holder contacted; (c) to make unsolicited phone calls or faxes or send unsolicited mail, email, texts or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or (d) to source candidates or to contact Job Seekers or resume holders in regards to career fairs and business opportunities prohibited by these Terms; or (e) take any other action that is, in VizJobs’s sole discretion, inconsistent with these Terms, misleading or incomplete, or in violation of any federal, state, local law, statute, code, rule, or regulation. In order to ensure a safe and effective experience for all of our customers, VizJobs reserves the right to limit the amount of data (including resume views) that may be accessed in the Resume Database by You or the number of contacts, emails or messages You may make or send within any VizJobs system in any given time period. These limits may be amended in VizJobs’s sole discretion from time to time.

6. ADDITIONAL TERMS APPLICABLE TO JOB SEEKERS

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or Information contained therein placed by You on the VizJobs Sites.

You acknowledge and agree that You should protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.

VizJobs reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by VizJobs or by third parties. Please see VizJobs’s Privacy Policy, for further details regarding Your Information.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your VizJobs account or Your VizJobs account is terminated, all Your account information from VizJobs, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from VizJobs’s databases and will be removed from any public area of the VizJobs Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through VizJobs’s web servers. In addition, third parties may retain saved copies of Your Information.

VizJobs reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

7. PRIVACY AND SECURITY

Please refer to our Privacy Policy for information regarding how we collect, process, share and store your Personal Data.

Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Data for improper purposes. You acknowledge that you provide your Personal Data at your own risk. Any actual or attempted use of the Services by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. VizJobs reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Services without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Services.

8. INTELLECTUAL PROPERTY RIGHTS

The Site, the VizJobs Materials and all right, title and interest in and to the Sites and VizJobs Materials are the sole property of VizJobs 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, VizJobs 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 VizJobs 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 VizJobs on such VizJobs 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 VizJobs Sites, without the express written consent of VizJobs. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. “VizJobs”, the VizJobs design logo and certain other names or logos are service marks or trademarks of VizJobs, and all related product and service names, design marks and slogans are the service marks or trademarks of VizJobs. 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 VizJobs’s trademarks, service marks and copyrights. Any code that VizJobs creates to generate or display the Content or the pages making up the Sites is also protected by VizJobs’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or VizJobs Materials on any authorized copy you make of the Content or VizJobs Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.

9. COPYRIGHT COMPLAINTS

VizJobs respects the intellectual property of others. It is VizJobs’s policy to respond to claims of copyright and other intellectual property infringement. VizJobs 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, VizJobs 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. VizJobs will terminate access for Users who are repeat infringers

Notifying VizJobs of Copyright Infringement: To provide VizJobs notice of an infringement, you must provide a written communication by sending an email to support@jvizjobs.com 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.

Providing VizJobs 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 VizJobs with a counter notification by written communication via email to support@vizjobs.com that sets forth all of the necessary information required by the DMCA ( https://www.copyright.gov/title17/92chap5.html#512). lease 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.

10. LINKS TO OTHER SITES

The Site contains links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by VizJobs of the contents on such third-party websites. VizJobs 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 websites. If You decide to access linked third-party websites, You do so at Your own risk.

You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information, such as registering or creating an account on this Website, requires the submission, use, and dissemination of certain personally identifiable information.

11. USER INTERACTIONS AND RELEASE

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users (including merchants), you hereby release VizJobs from any claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. If you are a California resident, you waive California Civil Code 71542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR

12. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

(a) THE SITES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. VIZJOBS, 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. VIZJOBS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.

(b) WITHOUT LIMITATION ON THE FOREGOING:

(i) VIZJOBS 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, VIZJOBS IS NOT RESPONSIBLE FOR THOSE COSTS.

ii) VizJobs 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) VizJobs makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

(iv) VIZJOBS MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. VIZJOBS 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.

14. LIMITATION OF LIABILITY

OBPANE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF VIZJOBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF VIZJOBS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.

Because User authentication on the Internet is difficult, VizJobs cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on VizJobs, in the event that you have a dispute with one or more Users, you release VizJobs (and our agents and employees) 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 your interactions with other Users and any such disputes that may result from those interactions. VizJobs cannot guarantee and does not promise any specific results from the use of VizJobs. No advice or information, whether oral or written, obtained by a User from VizJobs shall create any warranty not expressly stated herein.

VIZJOBS’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY VIZJOBS SITE OR YOUR USE OF THE VIZJOBS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $50. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

15. DISCLAIMER OF CONSEQUENTIAL DAMAGES

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL VIZJOBS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY VIZJOBS SITE BE LIABLE FOR ANY 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 THE USE OR INABILITY TO USE ANY VIZJOBS SITE AND VIZJOBS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIZJOBS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. INDEMNITY

To the extent permitted by applicable law in your jurisdiction, you agree to indemnify and hold harmless VizJobs and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto VizJobs’ servers, and/or from any and all use of your Account.

17. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any controversy, claim or dispute arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration in Boston, Massachusetts before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.

Each party acknowledges that the arbitration process, and in particular, the Arbitrator’s award, is binding and conclusive upon all parties and not subject to appeal or review by any judicial or administrative process, (except as provided in Mass. G.L. Chapter 251, Sec, 9, 12 and 13). Each party agrees that their submission to arbitration constitutes an irrevocable consent to having this action resolved entirely through arbitration except for motions to confirm (or vacate) the arbitrator’s award. The Arbitrator shall hear and determine the controversy upon the evidence submitted and shall have the ultimate responsibility to determine the relevancy and admissibility of the evidence. The parties agree that hearings all be conducted by the Arbitrator in any manner which permits a fair presentation of each party’s position and allows each side to present and cross-examine witnesses.

18. GENERAL

If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, VizJobs’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect VizJobs’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the VizJobs Site, a particular “Legal Notice” or software license or material on particular pages on the VizJobs Site, these Terms constitute the entire agreement between You and VizJobs with respect to the use of the VizJobs Site. No changes to these Terms shall be made except by a revised posting on this page.

VizJobs makes no claims or representations that the VizJobs Content may be lawfully viewed or accessed outside of the United States. Access to the VizJobs Content may not be legal by certain persons or in certain countries. If You access any VizJobs Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any VizJobs Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.

19. MOBILE SERVICES

If You use VizJobs through a mobile device, You agree that information about Your use of the VizJobs Site through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the VizJobs Site through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the VizJobs Site using a mobile device, You represent that to the extent You import any of Your VizJobs data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your VizJobs account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the VizJobs Site through Your mobile access provider. Therefore, You should check with Your provider to find out if the VizJobs Site are available and the terms for these services for Your specific mobile devices. By using any downloadable application to enable Your use of the VizJobs Site, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

When You opt-in to an available text messaging service, we will send You a message to confirm Your signup. Message and data rates may apply. Text “STOP” to cancel. You can cancel this service at any time. Just text “STOP” message. After You send the message “STOP” to us, we will send You a reply message to confirm that You have been unsubscribed. After this, You will no longer receive messages from us. If You want to join again, just sign up as You did the first time and we will start sending messages to You again.

As always, message and data rates may apply for any messages sent to us from You. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider.

20. TERM AND TERMINATION

These Terms will remain in full force and effect while You are a User of VizJobs Site. VizJobs reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the VizJobs Site and immediate termination of Your registration with or ability to access the VizJobs Site and/or any other services provided to You by VizJobs, upon any breach by You of these Terms or if VizJobs is unable to verify or authenticate any information You submit to a VizJobs Site registration.

21. ELECTRONIC SIGNATURES AND AGREEMENTS

You acknowledge and agree that by clicking on the button labeled SUBMIT, DOWNLOAD, PLACE MY ORDER, I ACCEPT, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by VizJobs to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the E-Sign Act), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY VIZJOBS. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.