1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS TOU
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this TOU on a regular basis to keep yourself apprised of any changes. Your continued use or access to any part of the Services constitutes your acceptance of such changes.
3. ELIGIBILITY FOR USE
POC Career Fair reserves some parts of the Service exclusively for job seekers and employers who are acceptable to POC Career Fair in its sole discretion. Although POC Career Fair attempts to limit the use of these parts of the Service to such job seekers and employers, nothing herein shall create any right of action against POC Career Fair for failing to adequately screen potential users or prevent the use of POC Career Fair or the Service by users who are not legitimate job seekers or employers.
To access the Services or some of the resources they offer, including contacting POC Career Fair or registering to participate in a job fair, you may be asked to provide certain registration details or other information such as your name, email address, company information and other credentials. It is a condition of your use of the Services that all the information you provide in relation to the Services will be correct, current, and complete. If POC Career Fair believes the information you provide is not correct, current, or complete, POC Career Fair has the right to refuse or limit your access to the Services or any of its resources, and to block, terminate, or suspend your access at any time.
You understand that all advertisements, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of POC Career Fair to post Content, or if you imply consent that POC Career Fair may post Content on your behalf, either by written or oral means, or you fail to inform POC Career Fair that Content should be removed, you are equally responsible for the Content. You waive any and all claims against POC Career Fair of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on POC Career Fair. You understand that POC Career Fair does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will POC Career Fair be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that POC Career Fair does not pre-screen or approve Content, but that POC Career Fair shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
POC Career Fair and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of POC Career Fair, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including job seekers and employers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties including without limitation employment. POC Career Fair makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any third party site or Content. Following links to any other websites is at your own risk, as is relying on Content provided by third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any Content provided by third parties, nor do we vouch for the veracity and intent of any potential employer to hire any individual.
You agree that POC Career Fair shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that POC Career Fair is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release POC Career Fair, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
6. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to POC Career Fair’s agent for notice of claims of copyright or other intellectual property infringement:
Please include the following with your Notice to our Abuse Agent:
The identity of the material on POC Career Fair that you claim is infringing, in sufficient detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your address, telephone number, and email address;
A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
Your physical or electronic signature.
You are solely responsible for providing the information required above and meeting any other notice requirements of the Digital Millennium Copyright Act 17 U.S.C. Section 512.
7. PRIVACY AND INFORMATION USE AND DISCLOSURE
You agree and affirmatively consent to receive communications from POC Career Fair electronically in connection with your use of the Services, as well as for advertising regarding POC Career Fair and its related entities’ products and services. POC Career Fair may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that POC Career Fair provides to you electronically satisfy all legal requirements that communications or agreements be in writing and you consent to your being bound by electronically communicated agreements by your continued use of the Services after such agreements have been communicated to you.
You agree not to post, email, or otherwise make available Content:
· that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
· that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
· that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
· that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
· that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
· with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
· that impersonates any person or entity, including, but not limited to, a POC Career Fair employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
· that includes personal or identifying information about another person without that person’s explicit consent;
· that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
· that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
· that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
· that constitutes or contains any form of advertising or solicitation if: posted in areas of POC Career Fair which are not designated for such purposes or emailed to POC Career Fair users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
· that includes links to commercial services or web sites, except as specifically permitted;
· that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
· that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
· or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
· contact anyone who has asked not to be contacted;
· “stalk” or otherwise harass anyone;
· collect personal data about other users for commercial or unlawful purposes;
· use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by POC Career Fair;
· post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
· post the same item or service in more than one classified category or forum;
· attempt to gain unauthorized access to POC Career Fair’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or POC Career Fair;
· or use any form of automated device or computer program that enables the submission of Content on POC Career Fair without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
9. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on POC Career Fair’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from POC Career Fair. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from POC Career Fair.
10. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to POC Career Fair email addresses or through POC Career Fair computer systems is expressly prohibited by these TOU. Any unauthorized use of POC Career Fair computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee for you to register to attend a career fair. Fees paid by you to POC Career Fair are non-refundable. Pricing and registration information for POC Career Fair employer registration is provided within the registration description within the website or by contacting POC Career Fair sales representatives.
BY REGISTERING FOR A CAREER FAIR AND PROCESSING THE REGISTRATION THROUGH THE CHECKOUT, YOU EXPRESSLY AUTHORIZE POC CAREER FAIR TO BILL AND COLLECT PAYMENT FROM YOU BY ANY PAYMENT METHOD YOU REGISTER WITH POC CAREER FAIR OR ITS PAYMENT OR REGISTRATION VENDOR, SUCH AS EVENTBRITE, INCLUDING, BUT NOT LIMITED TO, YOUR CREDIT CARD, BANK ACCOUNT, OR ONLINE PAYMENT SYSTEM SUCH AS PAYPAL.
If you register for a POC Career Fair event, fees for such registrations will be charged by the company designated by POC Career Fair in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (e.g., that the card is issued in your name). All prices stated on the POC Career Fair website are exclusive of any applicable sales taxes and fees and are subject to change at any time.
In the event of a cancellation of a career fair event for which you have paid your registration fee, POC Career Fair [will/will not] refund your registration fee.
12. LIMITATIONS ON SERVICE
You acknowledge that POC Career Fair may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that POC Career Fair has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that POC Career Fair reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that POC Career Fair shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. ACCESS TO THE SERVICE
Subject to these TOU, POC Career Fair grants you a limited, revocable, nonexclusive license to access and use the Service for your own personal use if you are a job seeker and for your company’s use for registering for a career fair event if you are an employer. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service or the Content nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted in writing by POC Career Fair. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
POC Career Fair does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by POC Career Fair to do so. You may create a hyperlink to the home page of POC Career Fair, so long as the link does not portray POC Career Fair, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter, or insinuate approval, sponsorship, or affiliation between you and POC Career Fair.
POC Career Fair may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. POC Career Fair permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “POC Career Fair” as the source, (d) your use or display does not suggest that POC Career Fair promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden POC Career Fair’s systems. POC Career Fair reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by POC Career Fair immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from POC Career Fair that has been signed by one of POC Career Fair’s authorized representatives.
You may use the Services for purposes expressly permitted by the Services and these TOU. As a condition of your access and use of the Services, you warrant to POC Career Fair that you will not use the Services for any purpose that is unlawful or prohibited by any part of these TOU. For example, you may not (and may not authorize any party to) (i) co-brand the Services, or (ii) frame the Services, without the express prior written permission of an authorized representative of POC Career Fair. For purposes of this TOU, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Services or content (including without limitation any downloadable material) accessible within the Services. You agree to cooperate with POC Career Fair in causing any unauthorized co-branding or framing immediately to cease.
In addition, you may not use the Services in any manner which could disable, overburden, damage, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Services. You may not attempt to probe, scan or test the vulnerability of the Services or any system to which it is connected or attempt to breach any security measures.
Any passwords used for the Services including, without limitation, any login portals are you’re your individual use only. You will be responsible for the security of your password (if any) and any actions taken by you or anyone using your password or other login credentials. POC Career Fair will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that POC Career Fair considers insecure, POC Career Fair will be entitled to require the password to be changed and/or terminate your online account.
You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, POC Career Fair reserves the right to release your details to system administrators at other websites or software platforms and law enforcement authorities in order to assist them in investigating, resolving, and prosecuting laws relating to security incidents. POC Career Fair reserves the right to investigate suspected violations of this TOU.
POC Career Fair reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing POC Career Fair to disclose the identity of anyone using the Services, or publishing or otherwise making available or using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS POC CAREER FAIR AND THEIR AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY POC CAREER FAIR OR THEIR AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER POC CAREER FAIR, THEIR AFFILIATES, OR LAW ENFORCEMENT AUTHORITIES.
14. TERMINATION OF SERVICE
You agree that POC Career Fair, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate or suspend your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if POC Career Fair believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that POC Career Fair shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-19 as well as your payment obligations for any registration shall survive termination of the TOU.
15. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright and other intellectual property and information technology protection laws and international treaties. All Content belonging to or licensed to POC Career Fair remains owned or licensed to POC Career Fair and you are given no license or right to any such Content, express or implied, except as set forth in this TOU. You may not, and agree you will not copy, distribute, republish, display, perform, modify or otherwise create derivative works of all or any portion of the Service or the Content, and you will not remove, modify or obscure any intellectual property markings including without limitation any copyright notices. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service.
POC Career Fair, as well as certain other of the names, logos, and materials displayed on POC Career Fair, constitute trademarks, trade names, service marks or logos (“Marks”) of POC Career Fair or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with POC Career Fair or those other entities. You hereby grant POC Career Fair a non-exclusive, world-wide, royalty free right and license to use, copy, perform, display, and distribute as a part of the Service your trademarks, trade names, service marks or logos as part of identifying POC Career Fair users and in conjunction with your use of the Services (e.g., the use of an employer logo in relation to your registration for an event).
Although POC Career Fair does not claim ownership of Content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to POC Career Fair an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant POC Career Fair all rights, but not the obligation, necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
You hereby grant to POC Career Fair a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, use, sell, offer to sell and import all remarks, inventions, suggestions, feedback, and ideas you communicate to POC Career Fair by you through the Services (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. POC Career Fair will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for goods, services, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future POC Career Fair operations. You warrant and represent that you own or otherwise control all of the rights to any Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and grant the license you provide in accordance with this TOU, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity. We welcome your feedback. Please send them to email@example.com.
16. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF POC CAREER FAIR AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AS IS YOUR PARTICIPATION IN AND REGISTRATION FOR ANY CAREER FAIR. POC CAREER FAIR AND THE SERVICE, AS WELL AS ANY CAREER FAIR, ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, POC CAREER FAIR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF POC CAREER FAIR AND THE SERVICE AS WELL AS ANY CAREER FAIR. TO THE FULLEST EXTENT PERMITTED BY LAW, POC CAREER FAIR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON POC CAREER FAIR, INCLUDING WITHOUT LIMITATION ANY CAREER FAIR OR THE SERVICE, INCLUDING WITHOUT LIMITATION PERFORMANCE OF ANY USER OF THE SERVICE OR ANY AGREEMENT, EMPLOYMENT, OR INDEPENDENT CONTRACTOR RELATIONSHIP BETWEEN USERS OF THE SERVICE OR USERS AND THIRD PARTIES, OR ACCESSED THROUGH ANY LINKS ON POC CAREER FAIR OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. POC Career Fair and its Affiliates do not provide, nor will they provide, any service to or for you EXCEPT THE SERVICE AS DEFINED IN THIS TOU, nor is POC Career Fair and its Affiliates a party to any agreement which you may enter into with ANY OTHER USER OR THIRD PARTY. If you engage the services of any INDIVIDUAL, all arrangements in such regard are solely between you and the concerned INDIVIDUAL.
TO THE FULLEST EXTENT PERMITTED BY LAW, POC CAREER FAIR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH POC CAREER FAIR OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POC CAREER FAIR, POC CAREER FAIR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
17. LIMITATIONS OF LIABILITY AND LIQUIDATED DAMAGES
UNDER NO CIRCUMSTANCES SHALL POC CAREER FAIR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF POC CAREER FAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF POC CAREER FAIR OR THE SERVICE OR YOUR REGISTRATION FOR OR ATTENDANCE AT ANY CAREER FAIR, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF POC CAREER FAIR OR THE SERVICE, FROM INABILITY TO USE POC CAREER FAIR OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF POC CAREER FAIR OR THE SERVICE OR OTHERWISE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH POC CAREER FAIR OR THE SERVICE, INCLUDING WITHOUT LIMITATION RESUME INFORMATION OR JOB LISTINGS, OR ANY LINKS ON POC CAREER FAIR OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH POC CAREER FAIR OR THE SERVICE OR ANY LINKS ON POC CAREER FAIR. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold POC Career Fair, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, your registration for or participation in any career fair, or your violation of any rights of another, provided that such indemnification does not extend to the extent such claim or demand is due to POC Career’s own negligence or intentional misconduct.
19. GENERAL TERMS
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and POC Career Fair and governs your use of the Service, superseding any prior agreement between you and POC Career Fair. The failure of POC Career Fair to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred except where prohibited by law, such as, and without limitation, New Jersey.
The laws of the State of Minnesota shall apply to this TOU, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these TOU. Any controversy or claim arising out of or relating to this Agreement or your use of the Services, or the Content (a “Dispute”) shall be brought solely in the state or federal courts located in Minnesota and you hereby irrevocably consent to exclusive jurisdiction of those courts. You further acknowledge that POC Career Fair may seek equitable remedies against you such as a preliminary or permanent injunction and POC Career Fair rights in its reputation and intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, damage, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of POC Career Fair.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and POC Career Fair as a result of this agreement or use of the Services.
Last Modified: _________ 2018
© 2018 The Rae Mackenzie Group, Inc., All rights reserved.