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Terms of Service
OCCUPATIONPRO.COM TERMS AND CONDITIONS OF USE PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms and Conditions") CAREFULLY BEFORE USING THE OCCUPATIONPRO.COM WEB SITE (the "OP Site"). OccupationPro.com is a website operated under the name OccupatioPro and owned and operated by Lexagen, Inc ("Lexagen" or "OP"). The terms "we" and "us" refer to OP. The terms "you" and "user" refer to all individuals and/or entities accessing this website for any reason. 1. ACCEPTANCE OF AGREEMENT TO TERMS This Terms and Conditions is a binding agreement between you and us. If you do not agree to these Terms and Conditions or otherwise comply or meet with its provisions, then you may not use the OP Site. By using the OP Site, you indicate that you agree to and accept these Terms and Conditions. We reserve the right to change, alter, amend, modify, add or remove any of the provisions of these Terms and Conditions at our sole discretion at any time. Your continued use of the OP Site indicates your acceptance and agreement to any such change to these Terms and Conditions. You are agreeing to use the OP Site at your own risk. 2. CONTENT All content, information, data, test, files, images, photos, messages, resumes, communications, cover letters and other materials ("Content") are the sole responsibility of the user who posts, originates or submits such Content. OP has no responsibility or liability whatsoever for any Content posted or submitted by users on or via the OP Site. OP does not guarantee the accuracy, quality, veracity or integrity of such Content. By using the OP Site, you may be exposed to Content that is inaccurate, misleading, offensive, objectionable, indecent, and prurient. OP may provide links to third party websites that are completely independent of OP. OP has no responsibility and makes no warranties or representations whatsoever with respect to the Content, services or privacy practices of such websites. You link to such other websites at your own risk. You agree that you bear all risk for Content provided on the OP Site and that under no circumstances whatsoever, will OP be responsible or liable for losses or damages of any kind as a result of Content made available or used on or via the OP Site. OP does not preview or approve Content. However, OP has the right, but not the obligation, in its sole discretion to delete, block, remove, move, alter or refuse any Content for any reason, including, but not limited to violations of the terms of these Terms and Conditions. 3. USER CONDUCT The OP Site may be used only for lawful purposes (as interpreted at OP's sole discretion) and for the purpose of locating employment or employees in accordance with the terms of these Terms and Conditions. You agree not to do any of the following while using the OP Site or any services offered on the OP Site: a. Post any jobs that are not attorney jobs or otherwise related to the legal profession. b. Post any inaccurate, untimely, obsolete, stale, incomplete or misleading information. c. Post any jobs that are not for employment with a verifiable company d. Post any jobs that are not directly with your company or a company directly represented by your office. e. Post any jobs that are inaccurate or contain inaccurate information f. Allow job postings to remain on the OP Site for more than 5 business days after they are no longer available, accurate, viable or valid. To the extent that a position becomes unavailable for placement or on hold, the posting is required to be temporarily removed from the job board until such time as the position becomes available. g. Post the same position more than once on the OP Site within in any 5 day period or post multiple positions within one job posting. h. Key code (by overuse of a skill set, term or definition within a job posting, profile, resume or otherwise in an effort to gain priority placement of a posting). i. Claim or imply that any information or statements you make or provide are endorsed by OP. j. Impersonate any person, entity or organization, including, without limitation, an OP employee or agent, a user, including a job seeker, employer, recruiter, or otherwise misrepresent your affiliation with any person, entity or organization. k. Respond to a job posting on behalf of anyone other than yourself. l. Use contact information within a job posting that is different from or in addition to contact information that was provided when registering for the OP Site service. m. Make unauthorized or unsolicited communications or contacts with individuals and entities who post on the OP Site via e-mail, telephone calls, SMS text messages, mailings or other communications. n. Copy, including by printing, or use any personally identifiable information of job seekers for any purpose other than consideration of a job seeker for employment by or through you or your company. o. Transmit, post or communicate (i) false or inaccurate information about yourself; (ii) any Content or other material that is unlawful, defamatory, threatening, abusive, fraudulent, libelous, obscene, pornographic or otherwise objectionable or harmful, or that infringes any intellectual property or other rights of OP or any third party; (iii) any spam, advertisements, commercials, solicitations, chain letter emails, pyramid schemes, ponzi schemes, investment opportunities, or other unsolicited commercial communications; (iv) any data or software that contains a virus, worm, trojan horse or other harmful or disruptive software code or script; and (v) trade secrets or material nonpublic information of third parties without authorization to do so. p. Reproduce, resell, duplicate, sell, trade or exploit for any commercial purposes without OP's express prior written permission, any of the OP services or any information obtained on the OP Site, by any medium including, without limitation, phone, fax, e-mail, SMS text messaging, courier or mail. q. Share your passwords, login or registration information or user identification. r. Use any software, search tool, search engine, agent or other device or mechanism, including without limitation browsers, spiders, rooters, robots, avatars or intelligent agents or search/retrieval application (other than those made available on the OP Site or third party web browsers such as Netscape Navigator, Microsoft Internet Explorer or Firefox) to navigate, data mine, reproduce, search the OP Site, or circumvent the navigational structure or presentation of the OP Site or its contents. s. Spam, flood, solicit or mass market via e-mail, direct mail, telephone, SMS text messaging or otherwise to job seekers, employers or other users of the OP Site. t. Delete, revise or alter any Content posted by any other user, person or entity. u. Prevent, restrict, or inhibit any other user from using the OP Site and services in a normal operating fashion, including, without limitation, by "hacking", transmitting viruses, worms, bugs or defacing the OP Site. v. Use the OP Site for unlawful commercial, research or information collection purposes. w. Reverse engineer, create a derivative work of, modify, decompile or disassemble software or data bases of the OP Site. x. Reproduce, frame or mirror any portion of the OP Site or remove any copyright, trademark, or other proprietary rights notices, including these Terms and Conditions, contained on the OP Site. y. You agree not to access the OP Site by any means other than through the interface that is provided by OP for use in accessing the OP Site. 4. YOUR DEALINGS WITH THIRD PARTIES Your communications and/or business dealings with employers, advertisers and other third parties located on or through the OP Site, including delivery of or payment for any goods or services, and any other terms, conditions, warranties or representations related to such dealings, are solely between you and such third party. You agree that OP shall not be responsible or liable for any loss or damage of any sort incurred as a result of your transactions, arrangements or dealings with such third parties or as a result of the presence of such third parties or their services on the OP Site. 5. PROPERTY OF OP/PROPRIETARY RIGHTS The OP Site, including all web pages, code, modules, together with the arrangement and compilation of the Content, is the property of OP and/or its various third party providers and distributors. No portion of the materials or code on these pages or anywhere on the OP Site may be reprinted or republished (other than as is necessary to view the page on your monitor) in any form without the express prior written permission of OP. The trademarks, logos and service marks displayed on the OP Site (collectively, the "Trademarks") are registered and/or common law Trademarks of OP, its affiliates, and various third parties. Nothing contained on the OP Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the express prior written permission of OP, or such other party that may own the Trademarks. OP grants you a limited, non-exclusive, personal and non-transferable right and license to use the OP Site in accordance with these Terms and Conditions. You will not sell, assign, sublicense, grant a security interest in or otherwise transfer any such right in the OP Site. The OP Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the OP Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the OP Site. You agree that if you submit suggestions, ideas, comments or questions or post any other information and Content on the OP Site, you grant OP and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. OP takes no responsibility and assumes no liability for any Content posted or submitted by you. 6. PRACTICES REGARDING USE AND STORAGE You acknowledge that OP may establish practices and limits regarding the use of the OP Site, including without limitation the maximum number of days Content will be retained or stored by OP, the maximum number of resumes, emails, cover letters, or other communications that may be sent from or received you on the Service, the maximum size of communications, the maximum data storage space that will be allowed to any particular user. You agree that OP has no responsibility or liability for deletion, misdelivery, or failure to store any Content, personal settings, or communications. OP reserves the right to log off any accounts that are inactive for an extended period of time. 7. REGISTRATION OBLIGATIONS In consideration of your use of the OP Site, you represent that you are of legal age to enter into a binding contract and are not barred or prohibited from receiving services or using the OP Site under the laws of the United States or any other applicable jurisdiction. You agree to: (a) provide accurate, true, current and complete information about yourself as required by the OP Site registration process and (b) maintain and promptly update the such registration information to keep it accurate, true, current and complete. If you provide any information that is inaccurate, untrue, not current or incomplete, or OP has reasonable grounds to suspect that such information is inaccurate, untrue, not current or incomplete, OP shall have the right to suspend or terminate your account and refuse any and all current or future use of the OP Site or OP services. 8. ACCOUNT SECURITY You are responsible for keeping confidential your password and access to your account, and are fully responsible for all activities that occur under your username and/or account. You shall (i) immediately notify OP of any unauthorized use of your username or account or any other breach of security, and (ii) log out from your account at the end of each session. In no way will OP be liable, and you agree to indemnify OP for any loss or damage arising from your failure to comply with this Section 8. 9. INTERNATIONAL USERS OP makes no claims that the OP Site and content thereon may be lawfully viewed or accessed outside of the United States. Access to the OP Site may not be legal by certain persons or in certain countries. If you access the OP Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with all local rules, as applicable, regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 10. CHILDREN Children under the age of 13 are strictly prohibited from using the OP Site. 11. FEES AND COSTS We reserve the right to charge fees or charges, change fees or charges, or to institute new fees or charges at any time. 12. PRIVACY POLICY You have read and understand the OP Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by OP and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the OP Privacy Policy. 13. MODIFICATIONS TO SERVICE OP reserves the right, to be exercised at its sole discretion, to modify or discontinue any time and from time to time, temporarily or permanently, the OP Site or OP services with or without notification. You agree that OP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the OP Site or OP services, including for lost Content. 14. REVIEW OF COMMUNICATIONS AND CONTENT OP and its designees may (but is not required to) review and monitor any information transmitted or received through the OP Site and shall have the right (but not the duty) to censor, remove, edit, restrict or prohibit the transmission or receipt of any such information that OP deems, in its sole discretion, inappropriate or in violation of these Terms and Conditions. While monitoring and reviewing, the information may be examined, recorded or copied, and your use of the OP Site constitutes your consent to such monitoring and review. 15. COPYRIGHT AGENT It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DCMA"). Notice If you have a good faith belief that materials hosted by us infringe your copyright or other intellectual property rights, you may send us a notice requesting that such material be removed, or access to it blocked. The notice must include the following information: a. identify in sufficient detail the copyrighted work that you believe has been infringed; b. identify the material and activity that you are claiming infringes the copyrighted work and provide sufficient detail to allow us to locate the material on the OP Site; c. your name, address, telephone number, and if you have one, your e-mail address d. a statement that the you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; e. a statement by you that the information in the notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of the right that is allegedly infringed; and f. electronic or a physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest. Counter Notice If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, which can be found at http://www.loc.gov/copyright/ for details. Please be aware that there are penalties for false claims under the DMCA. We recommend that you consult your legal advisor before filing a notice or counter-notice. Agent of Notice Notices and counter-notices should be sent to OP's Agent for Notice as follows: copyrightnotice@occupationpro.com Lexagen, Inc. Pacific Registered Agents, Inc. 1592 Union St Ste 201 San Francisco, Ca 94123 16. NO THIRD PARTY BENEFICIARIES. You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third party beneficiaries to these Terms and Conditions. 17. GOVERNING LAW AND JURISDICTION. These Terms and Conditions and their performance shall be governed by the laws of the State of California, United States of America, without regard to conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, State of California, United States of America, in all questions and controversies arising out of your use of the OP Site and these Terms and Conditions. 18. STATUTES OF LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to or these Terms and Conditions or access or use of the OP Site must be filed within one (1) year after such claim or cause of action arose or accrued or be forever barred. 19. ATTORNEY'S FEES. If OP or its affiliates take any action to enforce the Terms and Conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. 20. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of these Terms and Conditions will cause such damage to OP as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that OP shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by OP in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. 21. TERMINATION. OP may terminate immediately and without prior notice your right to use the OP Site, these Terms and Conditions and/or the provision of any of the services at any time for any reason, including, without limitation, any improper use of the OP Site, your failure to comply with or breach of these Terms and Conditions, or request by law enforcement or a governmental agency. Such termination shall not effect any right to relief to which OP and its third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms and Conditions, all rights granted to you will terminate and revert to OP and its third party providers or distributors, as applicable. 22. DISCLAIMER OF WARRANTIES. THE OP SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR GUARANTIES OF ANY KIND, EXPRESS OR IMPLIED. OP AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. OP AND ITS AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE OP SITE. WITHOUT LIMITATION ON THE FOREGOING, OP AND THIRDPARTY SERVICES PROVIDER AND DISTRIBUTORS DO NOT WARRANT THAT THE OP SITE OR SERVICES WILL OPERATE WITHOUT ERROR OR THAT THE OP SITE AND SERVERS OR ANY EMAIL SENT FROM OCCUPATIONPRO.COM ARE FREE OF COMPUTER VIRUSES, BUGS, WORMS OR ANY OTHER HARMFUL COMPONENTS. IN NO WAY IS OP RESPONSIBLE FOR COSTS OR DAMAGES OF ANY KIND INCLUDING TO DATA OR HARDWARE EQUIPMENT, ARISING FROM YOUR USE OF THE OP SITE OR SERVICES. OP IS IN NO WAY RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING ANY CONTENT POSTED BY USERS, OR OF ANY OTHER COMMUNICATIONS BY USERS, INCLUDING, WITHOUT LIMITATION, THE COMPLETENESS, RELIABILITY, TRUTHFULNESS, ACCURACY OR TIMELINESS OF SUCH CONTENT OR COMMUNICATIONS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE. 23. LIMITATIONS ON LIABILITY. OP AND ITS AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR OR ANY OTHER COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE OP SITE OR YOUR UPLOADING OR DOWNLOADING OF ANY DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIALS, FROM THE OP SITE. IN NO EVENT SHALL OP, ITS AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGE, INJURY, LOSS, CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE OP SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY OP OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. IF, NOTWITHSTANDING THE FOREGOING, OP, ITS AFFILIATES OR ANY THIRD PARTY PROVIDER OR DISTRIBUTOR SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THE OP SITE OR ITS CONTENT, THE LIABILITY OF OP AND THE THIRD PARTY PROVIDERS AND DISTRIBUTORS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, US$100.00. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO OP AND WITHOUT ANY LIABILITY WHATSOEVER, OP AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESS TO ANY COMPONENT OF THE OP SITE. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. 24. INDEMNIFICATION. You shall defend and indemnify OP, is affiliates, and any third party providers, co-branders and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the OP Site, or any Content posted by you. 25. NOTIFICATION PROCEDURES. OP may provide you with notices, including those regarding changes to the Terms and Conditions, by either email, regular mail, or postings on the OP Site. Please report any violations of these Terms and Conditions or provide any other notification to contactus@occupationpro.com. 26. NO RIGHT OF SURVIVORSHIP, NON-TRANSFERABILITY. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. 27. MODIFICATION. OP may at any time modify these Terms and Conditions and your continued use of the OP Site will be conditioned upon the terms and conditions in force at the time of your use. By continuing to use the OP Site, you agree that any such modifications. OP may provide you with notices, including those regarding changes to the Terms and Conditions, by either email, regular mail, or postings on the OP Site. 28. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the OP Site, and you agree to abide by such other terms and conditions. 29. WAIVER AND SEVERABILITY. The failure of OP to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 30. HEADINGS. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein. 31. ENTIRE AGREEMENT. These Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the OP Site.