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Terms and Conditions

SmartBrief Job Listing Service Posting Terms and Conditions

This page states the terms and conditions (the "Terms and Conditions") under which You may use the job listing services (the "Job Listing Services") offered by or on behalf of SmartBrief, Inc. ("SmartBrief") to post or provide Job Listings ("Job Listing(s)") for display or inclusion in SmartBrief's products and services, including, without limitation, SmartBrief email newsletters, SmartBrief websites, and SmartBrief presences on third-party social media platforms. By clicking "I Agree" below and by using the Job Listing Services to post Job Listings, You agree to be bound by these Terms and Conditions, both on Your behalf as an individual and on behalf of any organization You represent or on behalf of which You post Job Listings. Please read these Terms and Conditions carefully.

SmartBrief reserves the right to revise these Terms and Conditions at any time. In the event of a change, the revised Terms and Conditions will be posted on and/or otherwise made available via the relevant SmartBrief product or service, and we will update the effective date of these Terms and Conditions to reflect the date of the revision. As such, please note the effective date of these Terms and Conditions, indicated below. You should review these Terms and Conditions periodically for any such updates. Any access or use of the Job Listing Services after we post any revised Terms and Conditions will constitute Your acceptance of such revised Terms and Conditions, and information submitted or collected after the revision date will be subject to such revised Terms and Conditions. We will endeavor to comply with all applicable laws, rules and regulations in the event that we seek to use any information submitted or collected under a prior version of these Terms and Conditions in a manner materially different than described in such prior version. The terms "You," "Your," "User" and "Users" as used herein refer to all individuals posting Job Listings, including the entities on behalf of which such Job Listings are posted.

Job Listings Policies

You may use the Job Listing Services only for the purpose of seeking new employees or independent contractors for Your organization. Job Listings are valid for two week or four week increments. You must select the duration of the Job Listing at the time of purchase. You may not edit the job title after You submit a Job Listing, so always double-check this information before submitting Your listing. You may, however, edit the job description field after the Job Listing has been published.

You may not include HTML code in any Job Listing. SmartBrief's job posting technology is designed to delete HTML code from any Job Listing containing such code.

By agreeing to these Terms and Conditions, You represent that You have the authority to post the Job Listing on behalf of the entity offering the position described in the Job Listing, and that all information in the Job Listing is accurate and complete. You agree not to do any of the following:

  • post or submit any incomplete, false or inaccurate information;
  • post obscene, discriminatory, libelous, defamatory, sexually explicit, misleading or false information, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy SmartBrief's products and services;
  • post any material or otherwise use the Job Listing Services in a manner that violates any applicable law, rule or regulation;
  • post or transmit any material containing viruses, malware or any other disruptive or harmful component or material;
  • post or transmit spam, including, but not limited to, unsolicited bulk email or duplicative messages;
  • delete, revise or exploit for any commercial purpose any Job Listings content posted by any other person or entity;
  • collect information about others without their express consent; or
  • impersonate any person, or otherwise attempt to mislead others about Your identity.

You agree that Your solicitation or use of any contact or other information from a user of the Job Listing Services, or any other SmartBrief product or service, including any prospective job applicant, will comply with the privacy policy then in effect for that product or service, as well as any applicable laws, rules or regulations. Notwithstanding the foregoing, SmartBrief is not responsible for any solicitation or use of such information by You or any other User of the Job Listings Services.

In addition, You may not use our Job Listing Services to promote, without our prior written permission, any other website, product or service. We retain the right to deny access to anyone who we believe has violated these Terms and Conditions or who otherwise uses the Job Listing Services or any other SmartBrief product or service in a manner we consider inappropriate.

User Accounts

Prior to posting a Job Listing for the first time, You will be asked to create a user account ("User Account") by choosing a User name and password, and providing SmartBrief certain information, including, among other things, Your name, telephone number, and a valid email address (Your "Information"). Other information that SmartBrief obtains about Your interaction with the Job Listing Services, as well as any other SmartBrief product or service, or about You from other sources may be combined with Your Information. SmartBrief reserves the right to disallow use of a User name that we deem offensive or inappropriate.

SmartBrief does not rent, sell or share Your Information with nonaffiliated third parties without Your consent. SmartBrief may, however, share Your Information with trusted third-party contractors (e.g., vendors retained by SmartBrief to operate the Job Listing Services). These third-party contractors are contractually prohibited from using the Information for purposes other than performing services for SmartBrief, except as required by law.

SmartBrief may disclose Your Information to third parties as determined by SmartBrief to comply with applicable laws, to respond to legal process or a law enforcement request, to enforce these Terms and Conditions, or to investigate, prevent, or take action regarding suspected or actual prohibited activities, including but not limited to fraud and situations involving potential threats to the physical safety of any person. We reserve the right to disclose aggregated, non-personally identifiable Information to third parties for any purpose.

Finally, SmartBrief may transfer Information to a successor entity in connection with a corporate merger, consolidation, sale of all or a portion of its assets (including, for example, in connection with a transaction involving the Job Listing Service), bankruptcy, or other corporate change. If SmartBrief is involved in a merger, acquisition or sale of all or a portion of its assets (including, for example, in connection with a transaction involving the Job Listing Service), You will be notified via email and/or a notice on our website of any change in ownership or uses of Your Information, as well as any choices You may have regarding Your Information.

You are responsible for maintaining the confidentiality of Your User Account. You shall be responsible for all uses of Your User Account and password, whether or not authorized by You. You agree to notify SmartBrief immediately of any unauthorized use of Your User Account.

Fees

You agree to pay SmartBrief the applicable fees for the services provided, regardless of whether You fill the position advertised in Your Job Listing through use of the SmartBrief Job Listing Services. All sales are final. You are responsible for the actions of Your employees, agents and contractors.

SmartBrief reserves the right to revise Job Listing fees without prior notice.

Credit Card Security

SmartBrief uses industry-standard encryption technology to provide for the security and safety of Your credit card information. SmartBrief does not guarantee the security of our servers or databases, or that information You supply will not be intercepted while being transmitted to SmartBrief. Your credit card information is not saved in our database.

Rights and Authorizations

SmartBrief and the SmartBrief logo are trademarks owned by us. You may not use them without our prior written permission.

SmartBrief reserves the right to edit or delete, in whole or in part, Job Listings posted by You at its sole and absolute discretion, without notice to You or recourse by You against SmartBrief, its association partners or its affiliates.

By accepting these Terms and Conditions, You also grant SmartBrief the license to use, reproduce, communicate to the public and display the name of Your organization and Your status as a contributor of Job Listings content to SmartBrief.

In addition, Your acceptance of these Terms and Conditions authorizes SmartBrief and its designees to contact You via phone or email to gather feedback on Your usage of and satisfaction with SmartBrief's Job Listing Services. You agree to be contacted by us or our designees about Your listing via any of the contact information we collect from You. By supplying a mobile number, You consent to receive calls or texts, whether manually or automatically dialed, from us or our designees at that number. Acceptance of these Terms and Conditions also authorizes SmartBrief and its designees to send You email or other correspondence, including, without limitation, emails that (i) relate to the status of Your User Account (e.g., notices that inform You of changes to these Terms and Conditions or of an interruption in applicable SmartBrief products and services), (ii) solicit Your feedback on SmartBrief's Job Listing Services, or (iii) inform You about new products and services that relate to the Job Listing Services.

Without limiting any of our other legal remedies, SmartBrief reserves the right (but assumes no obligation) to delete any Job Listing that comes to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. SmartBrief also reserves the right to terminate Your User Account or otherwise prohibit You from using all or part of the Job Listing Service or any other SmartBrief product or service for any reason.

Children's Privacy

The Job Listing Services are generally designed for individuals who are 18 and older, and are not intended for use by children under 13. SmartBrief does not knowingly collect personally identifiable information from anyone younger than 13.

Liability

SmartBrief, its association partners and affiliates assume no liability or responsibility for any content available on or via the Job Listing Services that is provided by Users of the Job Listing Services or any other third party. Users of the Job Listing Services retain sole responsibility for the content of Job Listings and for compliance with all applicable laws, regulations and standards relating to the posting of such Job Listings.

SmartBrief is not a placement agency or recruiting firm and does not guarantee that jobs posted will result in candidates being contacted or hired or jobs filled.

DISCLAIMER OF WARRANTY

SMARTBRIEF DOES NOT WARRANT THAT SMARTBRIEF'S JOB LISTING SERVICES OR ANY OTHER SMARTBRIEF PRODUCTS OR SERVICES WILL OPERATE ERROR-FREE, BE CONTINUOUSLY AVAILABLE, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPUTER COMPONENTS. SMARTBRIEF'S JOB LISTING SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SMARTBRIEF DISCLAIMS ALL WARRANTIES REGARDING THE PRODUCTS AND SERVICES DESCRIBED IN THESE TERMS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SMARTBRIEF MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS FEATURED IN ITS JOB LISTING SERVICES OR ANY OTHER SMARTBRIEF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SMARTBRIEF OR ITS ASSOCIATION PARTNERS AND AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (OTHER THAN DIRECT DAMAGES), INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE SMARTBRIEF'S JOB LISTING SERVICES OR ANY OTHER RELATED SMARTBRIEF PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SMARTBRIEF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY TO SMARTBRIEF, ITS ASSOCIATION PARTNERS OR AFFILIATES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF SMARTBRIEF'S JOB LISTING SERVICES OR OTHER SMARTBRIEF PRODUCTS OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) WILL NOT EXCEED $100.

No Resale or Unauthorized Commercial Use

You may not resell or assign Your rights or obligations under these Terms and Conditions. You may not use the Job Listing Services for any purpose other than to lawfully advertise available job positions at Your company or organization.

Indemnity

You agree to defend, indemnify, and hold harmless SmartBrief, its association partners and affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from any third-party claims arising out of (i) Your use of the Job Listings Services, including any content or other material You provide in Your Job Listings, or (ii) Your breach of the terms of these Terms and Conditions. SmartBrief shall provide notice to You promptly of any such claim, suit, or proceeding.

Other SmartBrief Policies

These Terms and Conditions apply only to Your use of the Job Listing Services and related SmartBrief products and services. Please refer to SmartBrief's Terms of Use or Privacy Policy for terms and conditions applicable to other SmartBrief products and services.

Effective Date: Aug. 27, 2013

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