This page states the "Terms and Conditions" under which you may use JOBSBYFAX.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. JOBSBYFAX, Inc. (the "Company") may revise these Terms and Conditions at any time by updating this web page. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
Use of Web Site Content:
The Company authorizes You to view and access a single copy of the content available on or from JOBSBYFAX.com (the "Web Site") solely for your personal job hunting needs, and in no way for commercial use.
The contents of this Web Site, and of all other websites under the Company's control, whether partial or otherwise (the Website and such other websites are sometimes collectively referred to as "JOBSBYFAX Sites") such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, "Web Site Content"), are protected under both United States and foreign copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy You make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate any Web Site Content or the pages making up any JOBSBYFAX Site. It is also protected by the Company's copyright.
Acceptable Site Use:
General Rules: Users may not use any JOBSBYFAX Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Use of Guarantee:
If you send to 1,000 or more companies, and do not have a job 30 days later, we will let you pick another group of companies similar in number to your original purchase, and send it again at 50% OFF, and this will continue every 30 days until you have a job! If you let 120 days elapse from your original order without using the guarantee, the guarantee expires. JobsByFax reserves the right to change the terms of the guarantee if a user has excessive use of the guarantee (6 times or more).
If you pick 500 or more companies to fax, and do not have a job 30 days later, we will let you pick another 500 companies and fax one more time at 50% OFF. If you have less than 500 companies, you are still getting a fantastic value compared to mailing resumes, but there is no guarantee.
JOBSBYFAX Site Security Rules:
Users are prohibited from violating or attempting to violate the security of any JOBSBYFAX Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any JOBSBYFAX Site, overloading, "flooding", "spamming", "mailbombing" or "crashing". Violations of system or network security may result in civil or criminal liability. The Company 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.
Specific Prohibited Uses:
JOBSBYFAX Sites may be used only for lawful purposes by individuals seeking employment. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: Faxing out any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf). Faxing anything that contains commercial availability or the quality of any property, goods, or services. Deleting or revising any material faxed by any other person or entity. Using any device, software or routine to interfere or attempt to interfere with the proper working of any JOBSBYFAX Site or any activity being conducted on this site. Taking any action which imposes an unreasonable or disproportionately large load on any JOBSBYFAX Site's infrastructure. If You have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any JOBSBYFAX Site other than the search engine available from the Company on such JOBSBYFAX Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any JOBSBYFAX Site. Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any JOBSBYFAX Site. Framing of or linking to any of the Web Site Content or information available from any JOBSBYFAX Site.
As a user, You are responsible for your own communications and are responsible for the consequences of it. You must not, and by using any JOBSBYFAX Site You agree not to, do the following things: fax material on your resume that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to fax it; fax material that reveals trade secrets, unless You own them or have the permission of the owner; fax material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; fax material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; fax a sexually-explicit image or statement; Fax anything that contains commercial availability or the quality of any property, goods, or services, fax chain letters or pyramid schemes; impersonate another person; or fax material that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, information, person or entity.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications faxed by users or endorse any opinions expressed by users. You acknowledge that any reliance on material faxed by other users will be at your own risk.
The Company acts as a passive conduit for the faxed distribution and publication of user-submitted resumes and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material faxed by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
We appreciate hearing from our customers and welcome your comments regarding our services and the JOBSBYFAX Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
Registration and Password:
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your registration or password.
JOBSBYFAX Inc., JOBSBYFAX.com, and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, You agree not to use the Web Site or any other JOBSBYFAX Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site and/or the other JOBSBYFAX Sites of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
The Company's Liability:
JOBSBYFAX.com is only a venue. This Web Site acts as a venue for job hunters to fax their resumes to company "types" of their choosing and does not screen or censor your resume or employer list. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the companies faxed, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill jobs. If the user has purchased a guarantee, the user understands and agrees that the guarantee is only to re-run their resume faxing in 30 day intervals at 50% OFF And at no time has the company guaranteed actual employment for the user or a refund to the user. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, people acting under false pretenses, or your current employer receiving your faxed resume. You assume all risks associated with dealing with other users with whom You come in contact through the Web Site and/or the other JOBSBYFAX Sites.
Because user authentication on the Internet is difficult, the Company 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 any JOBSBYFAX Site, in the event that You have a dispute with one or more users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, 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. If You are a California resident, You waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site and/or the other JOBSBYFAX Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using this Web Site and/or the other JOBSBYFAX Sites.
The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any JOBSBYFAX Site or the Web Site Content. The use of JOBSBYFAX Sites and the Web Site Content is at your own risk. Changes are periodically made to JOBSBYFAX Sites and may be made at any time.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You into the JOBSBYFAX Sites. The Company is not to be considered to be an employer with respect to your use of any JOBSBYFAX Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity.
THE COMPANY DOES NOT WARRANT THAT ANY JOBSBYFAX SITE WILL OPERATE ERROR-FREE OR THAT ANY JOBSBYFAX SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY JOBSBYFAX SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE JOBSBYFAX SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY JOBSBYFAX SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY JOBSBYFAX SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Web Site and certain other JOBSBYFAX Sites contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company 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.
No Resale or Unauthorized Commercial Use
Limitation of Liability
JOBSBYFAX'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY JOBSBYFAX SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your faxing job before it goes out and NOT ISSUING A REFUND from this Web Site and the other JOBSBYFAX Sites and immediate termination of your registration with or ability to access this Web Site and the other JOBSBYFAX Sites and/or any other service provided to You by the Company, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Web Site or other JOBSBYFAX Site registration.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material You provide to a JOBSBYFAX Site, (ii) any Web Site Content that You use, (iii) your breach of the terms of these Terms and Conditions or (vi) any current, past or future employer receiving your resume. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.