(hereafter “Bankjobs.com” or “Website”), an online service
to post and search employment opportunities and user resumes.
do not use the Website or its services. By using Bankjobs.com, You are indicating
("Bankjobs.com" or “the Company") may revise these Terms of
Use at any time by updating this posting. You should visit this page periodically
and "User" as used herein refer to all individuals and/or entities accessing
this Website for any reason.
You must be 18 years of age or older to visit or use Bankjobs.com in any manner.
to the Company that You are 18 years of age or older, and that You have the right,
and warrant to the Company that You will use Bankjobs.com in a manner consistent
with any and all applicable laws and regulations.
2. Use of Bankjobs.com Content.
The Company authorizes You to view and access a single copy of the content available
on or from Bankjobs.com solely for your personal use. The contents of Bankjobs.com,
and of all other websites generated by the Company (whether under the Company’s
full or partial control) such as text, graphics, images, logos, button icons, software
and other Content (collectively, "Bankjobs.com Content"), are protected
under both United States and foreign copyright, trademark and other laws. All Bankjobs.com
Content is the property of the Company or its content suppliers or clients. The
compilation (meaning the collection, arrangement and assembly) of all content is
the exclusive property of the Company and protected by U.S. and international copyright
laws. Unauthorized use of the Bankjobs.com Content may violate copyright, trademark,
and other laws. You must retain all copyright, trademarks, service mark and other
proprietary notices contained in the original Bankjobs.com Content on any copy You
make of the Bankjobs.com Content. You may not sell or modify the Bankjobs.com Content
or reproduce, display, publicly perform, distribute, or otherwise use the Bankjobs.com
Content in any way for any public or commercial purpose. The use of the Bankjobs.com
Content on any other Website 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 Bankjobs.com Content or the pages making up any Bankjobs.com Site
which is also protected by the Company's copyright.
3. Bankjobs.com Site Restrictions.
Users may not use any Bankjobs.com Site in order to transmit, distribute, store
or destroy material, including without limitation Bankjobs.com 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.
Users are also prohibited from violating or attempting to violate the security of
any Bankjobs.com Site, including, without limitation the following activities: (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 Bankjobs.com Site, overloading, "flooding", "spamming",
"mail bombing" or "crashing"; or (d) forging any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup posting.
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.
4. Specific Prohibited Uses.
The job posting and resume database features of Bankjobs.com may be used only for
lawful purposes by individuals seeking employment and career information and employers
The Company specifically prohibits any other use of Bankjobs.com, and all Users
agree NOT to do any of the following: (a) post any jobs on any Bankjobs.com Site
for any competitor of Bankjobs.com or posting jobs or other content that contains
links to any site competitive with Bankjobs.com; (b) post jobs or content on any
Bankjobs.com Site that contain any hyperlinks, "hidden" keywords or any
keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs
for modeling or talent or talent scouting positions on any Bankjobs.com Site; (d)
use any Bankjobs.com Site Resume Database Access for any purpose other than as an
employer seeking employees, including but not limited to using the information in
the Resume Database to sell or promote any products or services, including competitive
services or databases; (e) post or submit to any Bankjobs.com Site any incomplete,
false or inaccurate biographical information or information which is not your own;
(f) post on any Bankjobs.com Site any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions only (except for
postings that make clear that the available job pays commission only and clearly
describes the product or service that the job seeker would be selling, in which
case such postings are permissible), requires recruitment of other members, sub-distributors
or sub-agents; (g) send unsolicited mail or e-mail, making unsolicited phone calls
or send unsolicited faxes regarding promotions and/or advertising of products or
services to a user of any Bankjobs.com Site; (h) delete or revise any material posted
by any other person or entity; (i) take any action that imposes an unreasonable
or disproportionately large load on any Bankjobs.com Site's infrastructure; (j)
notwithstanding anything to the contrary contained herein, use or attempt 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 Bankjobs.com Site other than the search engine and search agents available
from the Company on such Bankjobs.com Site and other than generally available third
party web browsers (i.e., Netscape Navigator, Microsoft Explorer); (k) attempt to
decipher, decompile, disassemble or reverse engineer any of the software comprising
or in any way making up a part of any Bankjobs.com Site; or (l) aggregate, copy
or duplicate in any manner any of the Bankjobs.com Content or information available
from any Bankjobs.com Site.
5. Registration Information.
When You register with any Bankjobs.com Site, You will be asked to provide the Company
with certain information including, without limitation, a valid email address (your
applicable to any Bankjobs.com Website, You understand and agree that the Company
may disclose to third parties, on an anonymous basis, certain aggregate information
contained in your registration application. The Company will not disclose to any
third party your name, address, e-mail address or telephone number without your
prior consent, except to the extent necessary or appropriate to comply with applicable
laws or in legal proceedings where such information is relevant.
The Company 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; such offers may be made by the Company or by third parties. Please see
the Company's Privacy Statement for further details regarding your Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms
of Use, Bankjobs.com does not provide or make any representation as to the quality
or nature of any of the third party products or services purchased through the Bankjobs.com
or any other Bankjobs.com Site, or any other representation, warranty or guaranty.
Any such undertaking, representation, warranty or guaranty would be furnished solely
by the provider of the applicable class, or learning material, product or service,
under the terms agreed to by the provider.
6. User Content and Submissions.
You are solely responsible for your Bankjobs.com Account information, Bankjobs.com
Profile, content, messages or other information ("User Content") that
You submit, publish or display (hereinafter, "post") on any Bankjobs.com
Site or transmit to other Users.
By posting User Content to any Bankjobs.com Site, You automatically grant, and You
represent and warrant that You have the right to grant, to Bankjobs.com an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display,
and distribute such User Content and to prepare derivative works of, or incorporate
into other works, such User Content, and to grant and authorize sublicenses thereof.
By posting User Content to any public or non-public area of any Bankjobs.com Site,
You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable,
sublicenseable (through multiple tiers), non-exclusive right (including any moral
rights) and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform and display
the User Content (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed, for the full
term of any rights that may exist in such content. You also warrant that the holder
of any rights, including moral rights in such content, has completely and effectively
waived all such rights and validly and irrevocably granted to You the right to grant
the license stated above. You also permit any User to access, display, view, store
and reproduce such User Content for personal use. Subject to the foregoing, the
owner of such User Content placed any Bankjobs.com Site retains any and all rights
that may exist in such User Content.
The Company acts as a passive conduit for the online distribution and publication
of User Content and has no obligation to screen communications or information in
advance and is not responsible for screening or monitoring User Content posted by
Users. However, the Company may review and delete any User Content that, in the
law, rule or regulation, is offensive or illegal or violates the rights of, harms
or threatens the safety of Users of any Bankjobs.com Site. The Company reserves
the right to expel Users and prevent their further access to the Bankjobs.com Sites
or disruptive. The Company may take any action with respect to User Content 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 ISP or other suppliers.
The following is a partial list of User Content that is prohibited on the Bankjobs.com
Sites. The list below is for illustration only and is not a complete list of all
prohibited User Content:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses
or promotes racism, bigotry, hatred or physical harm of any kind against any group
- harasses, incites harassment or advocates harassment of another any group or individual;
- involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming";
- promotes or endorses false or misleading information or illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted
work, such as providing or making available pirated computer programs or links to
them, providing or making available information to circumvent manufacture-installed
copy-protect devices, or providing or making available pirated music or other media
or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any
kind; provides or links to material that exploits people under the age of 18 in
a sexual, violent or other manner, or solicits personal information from anyone
under 18; or
- provides instructional information about illegal activities or other activities
prohibited by these Terms, including without limitation, making or buying illegal
weapons, violating someone's privacy, or provides or creates computer viruses or
pirating devices or schemes for any media; and solicits passwords or personal identifying
information from other Users;
Any Bankjobs.com Profile You submit must describe You, an individual person. Examples
of inappropriate and prohibited Profiles include, but are not limited to, Bankjobs.com
Profiles that purport to represent an animal, place, inanimate object, fictional
character, or real individual that is not You.
Company does not independently verify the information provided by candidates or
the identity of candidates, and therefore makes no warranty as to the qualifications
or identity of the candidates in our Resume Database.
Bankjobs.com reserves the right in its sole discretion to investigate and take legal
action against anyone who engages in any illegal or prohibited conduct or otherwise
from the Bankjobs.com Sites and/or terminating the offending User's ability to access
the Bankjobs.com Sites and/or use Bankjobs.com services.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability
of User Content or any other communications posted by Users or endorse any opinions
expressed by Users. You acknowledge that any reliance on material posted by other
Users will be at your own risk.
The Company has no obligation to screen User Content in advance and is not responsible
for screening or monitoring User Content posted by Users. If notified by a User
may in its sole discretion investigate the allegation and determine whether to take
any other actions, and whether to remove or request the removal of the User Content.
The Company has no liability or responsibility to Users for performance or nonperformance
of such activities.
We appreciate hearing from our Users and welcome your comments regarding our services
and the Bankjobs.com 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 confidentiality 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.
7. Registration and Password.
You are responsible for maintaining the confidentiality of your Bankjobs.com Account,
Bankjobs.com Profile, passwords, and Billing Account (if you are approved for monthly
billing). You shall be responsible for all uses of your Website registrations and
passwords, whether or not authorized by You. You agree to immediately notify the
Company of any unauthorized use of your Bankjobs.com Account, Bankjobs.com Profile,
passwords and your Bankjobs.com Billing Account.
8. Identification Of Agent To Receive Notification And Elements Of Notification
Of Claimed Copyright Infringement.
If You believe that your copyrighted work has been uploaded, posted or copied to
any Bankjobs.com Website and is accessible on such Bankjobs.com Site in a way that
constitutes copyright infringement, please notify us by providing our designated
copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person
authorized to act on the owner's behalf;
- A description of the copyrighted work You claim has been infringed, and a description
of the activity that You claim to be infringing;
- Identification of the URL or other specific location on this Website where the
material or activity You claim to be infringing is located or is occurring; You
must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if You have one, your e-mail address;
- A statement by You that You have a good faith belief that use on the Website of
the copyrighted work in the manner You are complaining of is not authorized by the
copyright owner, any agent of the copyright owner, or the law; and
- A statement by You, made under penalty of perjury, that the information You have
provided in your notice is accurate and that You are either the copyright owner
or are authorized to act on behalf of the copyright owner.
Please send notices of claims of copyright infringement on the Bankjobs.com website
Operations Manager/Account Services
201 Summit View Drive
Brentwood, TN 37027
9. Policy Regarding Termination Of Users And Account Holders Who Repeatedly
Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Bankjobs.com respects 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 owner’s rights. As a condition
to your use of Bankjobs.com, You agree not to use Bankjobs.com or any other Bankjobs.com
Site to infringe the intellectual property rights of others in any way. We will
terminate the accounts of any Bankjobs.com account holders, and block access to
Bankjobs.com and/or the other Bankjobs.com 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.
10. The Company's Liability.
Bankjobs.com acts as a venue for employers to post job opportunities and candidates
to post resumes and does not screen or censor the listings offered beyond the initial
screening that occurs to ensure that candidates are appropriate for our resume database.
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 jobs or resumes posted, the truth or accuracy of the listings, the ability of
employers to offer job opportunities to candidates or the ability of candidates
to fill job openings or any User Content and makes no representations about any
jobs, resumes or User Content on Bankjobs.com.
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 or
people acting under false pretenses. You assume all risks associated with dealing
with other users with whom You come in contact through Bankjobs.com and/or the other
Bankjobs.com 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 Bankjobs.com and/or
the other Bankjobs.com 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 Bankjobs.com 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."
The Bankjobs.com Sites and the Bankjobs.com Content may contain inaccuracies or
typographical errors. The Company makes no representations about the accuracy, reliability,
completeness, or timeliness of any Bankjobs.com Site or the Bankjobs.com Content.
The use of all Bankjobs.com Sites and the Bankjobs.com Content is at your own risk.
Changes are periodically made to Bankjobs.com 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 on the Bankjobs.com
Sites. Employers are solely responsible for their postings on Bankjobs.com Sites.
The Company is not to be considered to be an employer with respect to your use of
any Bankjobs.com Site and the Company shall not be responsible for any employment
decisions, for whatever reason made, made by any entity posting jobs on any Bankjobs.com
Bankjobs.com cannot guarantee and does not promise any specific results from use
of Bankjobs.com or any Bankjobs.com Site. No advice or information, whether oral
or written, obtained by a User from Bankjobs.com or through or from Bankjobs.com
or any other Bankjobs.com Site shall create any warranty not expressly stated herein.
11. Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY BANKJOBS.COM SITE WILL OPERATE ERROR-FREE
OR THAT ANY BANKJOBS.COM SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MECHANISMS. IF YOUR USE OF ANY BANKJOBS.COM SITE OR THE BANKJOBS.COM CONTENT
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS
NOT RESPONSIBLE FOR THOSE COSTS. THE BANKJOBS.COM SITES AND BANKJOBS.COM 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 BANKJOBS.COM CONTENT, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
12. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
ANY BANKJOBS.COM 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 BANKJOBS.COM
SITE AND THE BANKJOBS.COM 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.
13. Limitation of Liability.
BANKJOBS.COM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY BANKJOBS.COM
SITE OR YOUR USE OF THE BANKJOBS.COM CONTENT, REGARDLESS OF THE CAUSE OF ACTION
(WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
14. Links to Other Sites. Bankjobs.com and certain other Bankjobs.com
Sites may contain links to third party Websites. 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 Websites. 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 Websites. If You decide to access linked
third-party Websites, You do so at your own risk.
15. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms of
Use. You also agree not to make any unauthorized commercial use of any Bankjobs.com
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and
their respective officers, 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 User Content or other material You provide to any Bankjobs.com
Site, (ii) your use of any Bankjobs.com Content, or (iii) your breach of the terms
claim, suit, or proceeding.
The Company makes no claims that the Bankjobs.com Content may be lawfully viewed
or accessed outside of the United States. Access to the Bankjobs.com Content may
not be legal by certain persons or in certain countries. If You access a Bankjobs.com
or other U.S.-based Bankjobs.com Sites from outside of the United States, You do
so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Tennessee, without respect to its conflict of laws principles. Jurisdiction for
any claims arising under this agreement shall lie exclusively with the state or
is 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
or any other term. Except as expressly provided in an additional agreement, additional
the entire agreement between You and the Company with respect to the use of Bankjobs.com.
18. Term and Termination.
Bankjobs.com at any level. The Company reserves the right, at its sole discretion,
to pursue all of its legal remedies, including but not limited to deletion of your
User Content from Bankjobs.com and the other Bankjobs.com Sites and immediate termination
of your registration with or ability to access Bankjobs.com and the other Bankjobs.com
Sites and/or any other services provided to You by the Company, upon any breach
any information You submit to Bankjobs.com or other Bankjobs.com Site registration.
Even after You are no longer a User of Bankjobs.com, certain provisions of these