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The Terms of Service on this page are the terms and conditions under which you may use the iDonovan Network sites and services offered to you by iDonovan.com, Inc. ("We " or "Us") and its Network partners. You should read the Terms of Service carefully. Any use of the iDonovan site ("this Site") or the sites of our Network partners (together with this Site, the "iDonovan Network") or related services indicates your acceptance to be bound by these terms. We may change the Terms of Service at any time by posting the amended terms on this Site, so you should visit this page periodically to review any amendments in the Terms of Service. Unless we state otherwise, all amended terms will automatically be effective thirty (30) days after they are initially posted on this Site. We last revised the Terms of Service on 04/30/2001. As used in the Terms of Service, the terms "You" and "User" mean any individual or entity accessing the iDonovan Network sites. Our Privacy Policy and the Business Terms of the iDonovan standard form Order Form for use in connection with submitting job postings supplement the Terms of Service.
Use of Content
We, our Network partners or licensors, own exclusively all content on this Site or any iDonovan Network site, including, but not limited to, graphics, logos, text, data, downloadable software, Your Content, as described below, page layout and look and feel of the web pages (the "Content"). The Content is protected under U.S. and international copyright laws. Except for the license granted herein, your use of the iDonovan Network gives you no rights in our or our Network partners' copyrights, trademarks, trade secrets or any other intellectual property rights.
For those seeking jobs, we grant to you a personal, non-transferable and non-exclusive right to access and use the Content solely for your own personal use in connection with your search for a job and in accordance with these Terms of Service. No portion of the Content may be modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity.
For those posting jobs in accordance with a valid Order Form, we grant to you a personal, non-transferable and non-exclusive right to access and use the Content for your use solely in connection with seeking qualified candidates for jobs with your organization. All use must be in accordance with these Terms of Service, as modified by the Business Terms in the Order Form. No portion of the Content may be modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity except as set forth in the Business Terms in the Order Form.
You may not incorporate the Content into another database, search engine or networked computer environment of any kind. You may not access the Content by means of any automated processes, spiders, bots or similar devices. You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from, any software accessible or available through the iDonovan Network, or sell, assign, sub-license or otherwise transfer any right in such software.
By posting a job listing, submitting your resume to the iDonovan Network or by otherwise using the iDonovan Network, you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license and full right to use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, such job listings, resumes or other content you post on, or input into, the iDonovan Network ("Your Content") in connection with the iDonovan Network. You also grant to us a royalty-free, non-exclusive license to access, use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, job posting listings displayed on your own sites, by means of any automated processes (including spiders, bots and similar data-mining devices) used by us or our agents, throughout the term set forth on any Order Form executed by you and accepted by us. You warrant to us that the holder of any rights, including any moral rights, in Your Content, has waived all such rights and has irrevocably granted to you the right to grant the licenses described above.
Use of Site
You may only use the iDonovan Network to locate job opportunities, obtain career information and seek job candidates, as described above. You must not (a) use the iDonovan Network for any fraudulent, illegal, harassing or offensive activity including, but not limited to, the posting of sexually explicit material or content inappropriate for viewing by minors, or which is likely to offend or criticize any employer, employee, group or portion of society, and (b) post any content where such posting constitutes the infringement or violation of any right of any third party. You agree not to engage in any activity, which would impair the proper functioning of the iDonovan Network and its Content. Specifically, you agree not to post any false or misleading postings, interfere with, or modify the postings or functioning of any site on the iDonovan Network, or engage in any activity to defeat any security or feature of the iDonovan Network. You may not post any franchise or other business opportunity which requires an initial or periodic payment, pays an insignificant salary or commissions only, or requires recruitment of other members or sub-agents.
Disclaimer of Content
Your communications on the iDonovan Network are your responsibility. We do not review or confirm the accuracy of any Content or postings on the iDonovan Network, but we reserve the right to review and reject any information we believe to be contrary to the Terms of Service. We reserve the right to remove any Content, deactivate any account, or otherwise terminate access to the iDonovan Network for violation of any of the Terms of Service, or if otherwise compelled by court order. We do not endorse or sponsor in any way the activities, products, services or policies of any person or company which posts information on or which serves as part of, the iDonovan Network. We accept no responsibility for the accuracy or completeness of any Content posted, or the hiring practices or policies of employers.
User Data
We maintain the confidentiality of information submitted to us by individuals seeking employment and employers and recruiters seeking job candidates, as described in our Privacy Policy.
Customer Accounts
Customer accounts for those submitting job postings are accessible only by selecting and using a unique user name and password. You can change your password at any time by using the "Set Preferences" feature in the application. Changes to your account status (i.e., changing a billing method or pricing plan) can be made only by calling Customer Service. You should have your account number and user name ready to validate your authority to make such changes. Our representatives are not authorized to access your data (i.e., passwords, candidate replies, resume scoring and notes) unless you request such access as a professional service, or you make an account inquiry that requires such access, or in the process of deactivating an account in default we require such access (see "Termination" below).
Termination
If you are a job seeker, we may terminate or suspend your ability to access this Site, the iDonovan Network, the Content and any other service we may provide to you at any time for any reason, with or without notice.
Trademarks
iDonovan™ and The iDonovan Network™ are trademarks or service marks of iDonovan.com, Inc. iDonovan does not grant to you any rights under the Terms of Service with respect to these trademarks or any other iDonovan trademarks.
Disclaimer of Liability
THIS SITE PROVIDES LINKS OR POSTINGS TO CAREER SITES MAINTAINED BY PARTIES OTHER THAN US, INCLUDING THE SITES OF OUR NETWORK PARTNERS ("THIRD PARTY SITES"), WHO ARE SOLELY RESPONSIBLE FOR THE CONTENT AND MATERIALS ON THEIR SITES. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT ON THIS SITE OR ANY THIRD PARTY SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THIS SITE OR ANY THIRD PARTY SITE.
THE IDONOVAN NETWORK SITES AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE USE OF THIS SITE OR ANY THIRD PARTY SITE AND ANY CONTENT THEREIN IS AT YOUR OWN RISK. FURTHER, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE iDonovan NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE iDonovan SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS SITE OR ANY THIRD PARTY SITE OR THE CONTENT THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE IDONOVAN NETWORK IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE (OR ANY OF OUR NETWORK PARTNERS OR SUPPLIERS) BE LIABLE FOR ANY LOST PROFITS, LOST WAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE IDONOVAN NETWORK SITES OR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY SITE OR ANY USER OF THE IDONOVAN NETWORK. WE ARE NOT RESPONSIBLE FOR THE USE OF, OR THE FAILURE TO MAINTAIN CONFIDENTIALITY OF, THE CONTENT BY ANYONE OTHER THAN US.
OUR LIABILITY, AND THAT OF OUR NETWORK PARTNERS AND SUPPLIERS, TO YOU IN ALL CIRCUMSTANCES IS LIMITED TO THE GREATER OF A) THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND B) R400.
Indemnification
You agree to indemnify us for all damages, liabilities, costs, charges and expenses, including reasonable attorneys fees, that we may incur as a result of your breach of the Terms of Service or any claims brought relating to Your Content or in any way relating to your conduct with any other user of any iDonovan Network site or service. We shall provide to you timely notice of any such claim, suit or proceeding.
Governing Law
The Terms of Service are governed by the laws of the Commonwealth of Massachussetts and any disputes relating to these Terms of Service or use of the iDonovan Network will be resolved in the Federal or state courts in the Commonwealth of Massachussetts . You agree to submit to personal jurisdiction and venue of the federal and state courts located in the Commonwealth of Massachussetts .
Severability
In the event that any portion of these Terms of Service is held to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Service, which will remain in full force and effect.
Entire Agreement
The Terms of Service, including our Privacy Policy and, as applicable, our Order Forms, constitute the entire agreement between the iDonovan Network and its users. The Terms of Service do not constitute any partnership, joint venture, or other relationship other than as expressly stated herein. No prior agreements, discussions or understandings, whether oral or written, including, without limitation, past versions of these Terms of Service, will be binding upon us.
Precedence
In the event of a conflict or inconsistency between the Terms of Service and the Business Terms of any Order Form accepted by us, the Business Terms of such Order Form shall prevail.
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Copyright 2000-2008 iDonovan.com, Inc. All rights reserved. Terms of Service
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