This Agreement applies to your subscription to the services, products and website offered by Needlestack Jobs, LLC (“Needlestack Jobs”) through the website located at www.needlestackjobs.com (“Website”). 

By clicking “I agree” and submitting the registration information to subscribe to the services offered by Needlestack Jobs (“Services”), you hereby certify that you understand and agree to the terms of this Agreement and the applicable charges for such Services.  You further warrant and represent that you have full right, power, authority and legal capacity to enter into this Agreement and that the information submitted in connection with this Agreement is correct. 

When you subscribe to the Services, you agree to pay the then-current fees and charges associated with the Services you have selected as shown on our [[Employer Service Charge Table] [Job Seeker Service Charge Table]].  Additional fees or charges may apply when you subscribe to other supplemental or enhanced Services.  All charges for Services are nonrefundable unless provided otherwise in your subscription plan.

You must select a payment method to pay Needlestack Jobs for Services you ordered (your “Account”).  You must give Needlestack Jobs accurate billing and payment information.  Needlestack Jobs will bill you through the payment method that is associated with your Account.  You agree to pay Needlestack Jobs for all charges incurred under your Account, including all applicable taxes, fees and surcharges.  You authorize Needlestack Jobs to charge your designated payment method for these charges and to retain information about the payment method associated with your Account.  If Needlestack Jobs does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Needlestack Jobs.

When you use the Services, you reaffirm that (a) Needlestack Jobs is authorized to charge your designated payment method; (b) Needlestack Jobs may submit charges incurred under your Account for payment; and (c) you will be responsible for such charges, even if your subscription is canceled or terminated.

After 30 days from the date of any unpaid charges, your Account will be deemed delinquent and we may terminate or suspend your Account for nonpayment.  Needlestack Jobs reserves the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due and to use alternate means to collect any unpaid charges.  You are liable for any fees, including attorney and collection fees incurred by Needlestack Jobs in its efforts to collect any remaining balances from you.

Needlestack Jobs in its sole discretion may change or discontinue any or all aspects of the Services.  Needlestack Jobs may modify this Agreement, change its charges for Services and change its billing methods at any time.  Needlestack Jobs will provide you with notice of any change in pricing or material changes to the Services and/or this Agreement at least thirty (30) days in advance by posting notice of such changes on the Website. If you disagree with any proposed change, your sole remedy is to cancel your subscription before such change takes effect.  Otherwise, you will be bound by the revised terms if you keep your subscription to such Services.

You are responsible for all activity on your Account (including all charges incurred under your Account made by you or anyone who uses your Account) and you must supervise the use of your Account by others. You and your Account may be terminated if your Account is used inappropriately.

You agree to comply with all applicable laws, rules and regulations regarding your subscription and use of the Services. You agree to abide by this Agreement and any other Needlestack Jobs guidelines and restrictions and you acknowledge that Needlestack Jobs has the right to enforce them in its sole discretion.  If you violate applicable law, this Agreement or any Needlestack Jobs guidelines and restrictions, Needlestack Jobs may, in its sole discretion, suspend your Account immediately and provide you notice of such suspension.  If you fail to correct any such violation to Needlestack Jobs’ satisfaction within fifteen (15) days of Needlestack Jobs’ notice to you, Needlestack Jobs may terminate your Account.

You shall not post, transmit, redistribute, upload, or promote any materials that (a) violate or infringe in any way upon the rights of others, including without limitation copyrights and trademarks; (b) contain corrupted files, viruses, or any other similar software files the intent of which is to damage the operation of another’s computer; (c) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (f) impersonate any person, business or entity, including our company and our employees and agents; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law; or (j) undertake any conduct that, in the judgment of Needlestack Jobs, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services.

You represent, warrant and agree that you will not use (or plan, encourage or assist others to use) the Website for any purposes or in any manner that is prohibited by this Agreement or by applicable law.  It is your responsibility to ensure that your use of the Website complies with this Agreement and all applicable laws.

You become a subscriber to the Services (“Subscriber”) offered by Needlestack Jobs by selecting a Service, accepting the applicable Service terms and agreeing to pay for the selected Service.  By becoming a Subscriber, you agree to Needlestack Jobs’ Website Policies.

Needlestack Jobs hereby grants you a limited, terminable, non-exclusive right to access and use the Website only for your personal use in order to seek employment opportunities for yourself.  You are authorized to view and download the material on the Website solely for your personal, noncommercial use.  You agree that you are solely responsible for the content of any document or other communication (such as a resume) you post to the Website and any consequences arising from such posting.  Your use of the Website is a privilege.  Needlestack Jobs reserves the right to suspend or terminate this privilege for any reason at any time, in its sole discretion. 

Needlestack Jobs hereby grants you a limited, terminable, non-exclusive right to access and use the Website only for your internal business purposes seeking candidates for employment with you.  This authorizes you to view and download the material on the Website solely for your personal use directly related to the purpose of searching and recruiting job prospects.  You may not sell, transfer, or assign any products or services or your rights to any products or services provided by Needlestack Jobs to any third party without the express written authorization of Needlestack Jobs.  You agree that you are solely responsible for the content of any document or other communication (such as a job description) you post to the Website and any consequences arising from such posting.  Needlestack Jobs reserves the right to suspend or terminate your access and use at any time if Needlestack Jobs determines that you are in breach of this Agreement.

Subject to compliance with each of the terms of this Agreement, Needlestack Jobs agrees to permit access to the Needlestack Jobs Resume Database (the "Resume Database") via the Website by Subscribers who are Employers and who have subscribed to the Resume Database for the purpose of viewing and/or downloading available resumes solely for the Subscriber’s use.  Listed below are the terms and conditions of such access:

(1) 

Only you may access and use the Resume Database.  Upon successfully registering and enrolling to participate in the Resume Database, you will be provided with a password that permits access to the Resume Database.

(2) 

You may not provide your password to a third party, or otherwise permit access to the Resume Database by a third party.  You are responsible for protecting and maintaining the confidentiality of your password.

(3) 

You may download up to 100 resumes per day, or a maximum of 3,000 per month solely for your use in accordance with this Agreement.  You may not distribute, provide, or otherwise communicate such resumes to any third party.

(4) 

You may not use the Resume Database for any purpose other than to seek employees.  You are prohibited from selling the information contained in the Resume Database or using the information contained in the Resume Database to promote or sell any products or services.

(5) 

You may not use the Resume Database in any way which adversely affects Needlestack Jobs’ business or business opportunities, the function or performance of the Website, the function of performance of the Resume Database, or which interferes with the ability of other members to access and use the Resume Database.  Needlestack Jobs, in its sole discretion, will determine whether your use of the Resume Database violates this subsection.

(6) 

By permitting access to the Resume Database under this Agreement, Needlestack Jobs does not convey any interest in or to the Resume Database.  All right, title and interest in and to the Resume Database is and remains in Needlestack Jobs.  Needlestack Jobs may update, alter, supplement, or terminate all or any part of the Resume Database at any time.

(7) 

You expressly agree that your access to the Resume Database will be in compliance with any other terms and conditions Needlestack Jobs may require in the future.

Needlestack Jobs does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Needlestack Jobs will remove all documents and other forms of communications posted by Subscribers (“Subscriber Submission”) if properly notified that such Subscriber Submission infringes on another's intellectual property rights. Needlestack Jobs reserves the right to remove Subscriber Submissions without prior notice. Needlestack Jobs may also terminate a Subscriber's access to its Website if they are determined to be a repeat infringer. A repeat infringer is a Subscriber who has been notified of infringing activity more than twice and/or has had a Subscriber Submission removed from the Website more than twice. Needlestack Jobs also reserves the right to decide whether a Subscriber Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material or excessive length. Needlestack Jobs may remove such Subscriber Submissions and/or terminate your access to the Website for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

You understand that when using the Website, you will be exposed to Subscriber Submissions from a variety of sources, and that Needlestack Jobs is not responsible for and disclaims all liability relating to the accuracy, usefulness, appropriateness, safety, or intellectual property rights of or relating to such Subscriber Submissions. You further understand and acknowledge that you may be exposed to Subscriber Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Needlestack Jobs with respect thereto.

If you are a copyright owner or an agent thereof and believe that any Subscriber Submission, materials or other content infringes upon your copyrights, you may notify us by providing the following information in writing:

(1) 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) 

Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;

(3) 

Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;

(4) 

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;

(5) 

A statement that 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; and

(6) 

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This Website and all right, title and interest in and to the Website is the sole property of Needlestack Jobs or its licensors, and is protected by U.S. copyright and international treaties.  Except for the limited licenses expressly granted to you in this Agreement, Needlestack Jobs reserves for itself and its licensors all other right, title and interest.  Without limitation on the foregoing, you may not reproduce, modify, display, sell or distribute the content, or use it in any other way for public or commercial purposes.  “Needlestack Jobs,” the Needlestack Jobs design logo and certain other names or logos are service marks or trademarks of Needlestack Jobs.  The look and feel of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Needlestack Jobs’ trademarks, service marks, and copyrights.  All other product and service marks contained on the Website are the trademarks and service marks of their respective owners.

The Website and related services are provided to visitors and users “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, the foregoing disclaimer may not apply to you. 

Without limitation on the foregoing, Needlestack Jobs does not warrant that the Website will operate error-free or that the Website and its servers are free of computers viruses or other harmful mechanisms.  If your use of the Website results directly or indirectly in the need for servicing or replacing equipment or data, Needlestack Jobs is not responsible for those costs.  In addition, Needlestack Jobs makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Subscribers.  Documents and other communications may contain inaccuracies or typographical errors.  You agree that any reliance on documents and other communications posted by Subscribers will be at your own risk.

Needlestack Jobs makes no representation or guarantees regarding the content of the Website, including, but not limited to, broken links, inaccuracies, or typographical errors.  Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any Subscriber, whether in regards to its Website, products, services, hiring, education, experience, employment or recruiting practices, or otherwise.

Needlestack Jobs is not an employment agency or recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Website in meeting the employment objectives of Subscribers.  Needlestack Jobs does not guarantee that use of the Website will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any Subscriber.

IN NO EVENT WILL NEEDLESTACK JOBS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THE WEBSITE OR ANY OTHER RELATED SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION VIEWED, EVEN IF NEEDLESTACK JOBS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.  Needlestack Jobs’ maximum liability arising out of or in connection with www.needlestackjobs.com or a Subscriber’s use of Needlestack Job’s Website or services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the subscription amount paid during the six months prior to the action, or fifty dollars ($50), whichever is less.  In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Needlestack Jobs’ disclosure and use of personal information you provide when using the Website or related services are described in our Privacy Policy.

By entering this Agreement, you consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with this Agreement or your use of the Website and related services (collectively, "Notices") electronically from Needlestack Jobs. You agree that Needlestack Jobs may send you electronic Notices by (a) email to an email address you provide to Needlestack Jobs for Notices, and/or (b) by posting the Notices on a main page of the Website or other webpage designated by Needlestack Jobs for this purpose. You must check your designated email address regularly for Notices from Needlestack Jobs.  All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. The delivery of any Notice from Needlestack Jobs is effective when sent by Needlestack Jobs, regardless of whether you read the communication or when you receive it. You may withdraw your consent to receive notices electronically by discontinuing your use of the Website.

This Agreement shall be governed by the laws of the state of Ohio, without giving effect to its conflict of laws provisions.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to this Agreement or your use of the Website.

Needlestack Jobs or its Subscribers may offer links to websites operated by third parties. Needlestack Jobs does not control and is not responsible or liable for the content, advertising, products, or other materials on or available from such third party sites.  Your access to such sites is at your own risk and Needlestack Jobs disclaims all liability arising out of or in any way connected to your access of such third party sites.  None of such links should be deemed to imply that Needlestack Jobs endorses the third party sites or any content on such sites.

The Website is controlled and offered by Needlestack Jobs from its facilities in the United States. Needlestack Jobs makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Needlestack Jobs, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (a) your use of and access to the Website; (b) your violation of this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your Subscriber Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Needlestack Jobs without restriction.