Effective Date: August 1st of 2007
The material on this site is furnished by YourEmployment.com, hereafter “YE”, as a service to provide general information about YE, Our Services and products.
By accessing this site, you are stating your agreement with these policies. If you do not agree with them, do not use the site or download any material from it.
In addition, YE does not warrant or guarantee the availability for use or the accuracy or completeness of the information, text, graphics, links, and other items contained on this Website, server or any other server. If you decide to access any of the third-party sites that are linked from this site, you do so at your own risk.
Purpose of the Site
This site is operated and may be used for informational purposes only. The information on this site is general and should not be relied upon or used as the sole basis for making significant decisions. YE works to ensure that this site is accurate. However, YE cannot fully guarantee that the information on this site is accurate, complete or current.
Disclaimer of Warranties and Limitation of Liability
The information contained on this site is furnished as is without any expressed or implied warranty of any kind. In no event will YE or any of its subsidiaries be liable for any damages whatsoever arising out of the use of, or inability to use, the information on this site.
PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES. THE CURRENT VERSION OF THESE TERMS AND CONDITIONS APPLY EACH TIME YOU USE THE SITE.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement (“Agreement”), is made by and between YE (” “We,” “Us,” or “Our”), a Illinois corporation with offices at 1658 N Milwaukee Ave., Suite 372, Chicago, IL, 60647, and governs Our provision of the Website YourEmployment.com and any services or products between Us and you (“You,” “Your” or “Yourself”). This Website, all products or services offered on this site, all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (“Content”) are subject to the following terms and conditions, which may be updated from time to time. Please read these terms carefully, if you do not agree with any of these terms or conditions or if any of the provisions are prohibited by your jurisdiction, country or other applicable law DO NOT ACCESS or USE this website.
Short Code SMS
Where you provide "prior express written consent" within the meaning of
the Telephone Consumer Protection Act ("TCPA"), you consent to receive
telephone calls, including artificial voice calls, pre-recorded messages and/or
calls delivered via automated technology, and text and SMS messages to the telephone
number(s) that you provided from us and the marketing partners listed. You are
not required to provide this consent to purchase goods or services offered on
the YourEmployment websites. Your consent simply allows us to contact you via these
means. If you provide consent, YourEmployment an affiliate of ours and any of
our other affiliates or Marketing Partners named in the consent may send you
SMS messages from their short codes or long codes. The mobile carriers are not
liable for delayed or undelivered messages.
Provide a mobile number to receive recurring YourEmployment updates and
reminder messages from shortcode or longcode. Msg&DataRatesMayApply.
Reply HELP for help, STOP to cancel. Recurring msgs up to 9 msgs per
month. For Mobile Program Terms &Condition/Privacy
- Active keywords include HELP, STOP, END, QUIT, CANCEL, UNSUBSCRIBE.
- Participating carriers: The mobile carriers are not liable for delayed or undelivered messages.
-AT&T, Alltel, T Mobile, Verizon Wireless, U.S. Cellular, Sprint, Boost, Metro PCS, Cellcom, Cellular One, Cellular South, Cincinnati Bell, nTelos, Virgin Mobile, ACS Wireless, Bluegrass, Centennial, Cox Communications, ECIT - Cellular One of East Central Illinois, EKN - Appalachian Wireless, GCI Communications, Immix - PC Management, Inland Cellular, IVC - Illinois Valley Cellular, Nex-Tech Wireless, RCC/Unicel, Revol, RINA/All West Wireless, RINA/CTC Telecom-Cambridge, RINA/FMTC-Farmers Mutual Telephone Co., RINA/Nucla-Naturita Telephone Co., RINA/Silverstar, RINA/Snake River PCS, RINA/South Central, RINA/Syringa Wireless, RINA/UBET, West Central Wireless.
- By opting into YourEmployment.com, the end-user agrees to receive pre-written marketing messages from or on behalf of YourEmployment.com via short code 48596, and understands that consent is not a condition of purchase
WEB SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY, AND UNDERSTANDING OF EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU HAVE ANY QUESTIONS, VISIT THE “CONTACT US” SECTION OF OUR WEB SITE TO SUBMIT QUESTIONS TO OUR CUSTOMER SERVICE
2. Your Requirements:
Upon Your access or use of Our Website You will provide Us with true, accurate and current information about Yourself as requested by Us. You further agree to promptly update such information should it change or should additional information be required
by Us or applicable law. We reserve the right to request verification of, and You agree to be subject to verification of any of the information provided by You.
You must meet the basic requirements listed below in order to access and use Our Website.
- Age. By registering on this Web Site, You certify that You are eighteen (18) YEars of age or older.
- Approved Locations. The Web Site is currently applicable only to those in the United States of America. You must be physically located within the United States of America while using the Web Site.
- Use Restrictions. You may not transfer, rent, lease, redistribute or re-license the Products or Services or use the Products or Service Deliverables purchased from the Website to provide data processing, outsourcing, service bureau, hosting services
or training to third parties. You will not disassemble, decompile, decode or reverse engineer the Services, Products or Software except as expressly permitted by YE.
3. Our Services:
All Services will be performed on a time and materials basis or as otherwise agreed for each Service Ordered at Our then current rates (the “Services Fees”) plus applicable Taxes, payable upon order or for any time and materials services within
ten (10) days after invoice date.
YE will select the personnel and provide the Services directly or through a subcontractor, and may reassign personnel if reassignment does not materially impede the performance or schedule of Services.
4. Documentation and Copies:
You may not copy the Documentation provided by Us or Our third parties unless permitted in writing by Us or Our third parties explicitly in writing.
5. Confidential Information:
“Confidential Information” means any Documentation, code whether source or object, Products, Services and Service Deliverables and all other information reasonably believed to be confidential, but excludes: i) information made available to
the general public without restriction by the disclosing Party or by an authorized third party; ii) information known to the receiving Party independent of disclosures by the disclosing Party; iii) information independently developed by the receiving
Party without access to or use of the disclosing Party’s Confidential Information; or iv) information that the receiving Party may be required to disclose pursuant to a valid and enforceable subpoena or other lawful process. The receiving Party
will immediately notify the disclosing Party of any obligations to disclose under this Section so that the disclosing Party can appear and protect its interests.
We will have the right of injunctive relief to maintain compliance with this Section and prevent unauthorized disclosure, use or export of the Products, Services or other Confidential Information.
You acknowledge and agree that (a) all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") is the copyrighted work of YE or its third party
content suppliers and is protected by copyright laws, (b) the domain (YourEmployment.com), Our logo, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of YE (collectively, "Marks"), and (c) all other trademarks,
product names, company names or logos on the Web Site are the property of their respective owners. In addition to agreeing to comply with all applicable laws, You agree You will not use any such Content or Marks from this Website for any purpose without
the appropriate prior written authorization.
7. Term and Termination:
The Term of this Agreement shall begin upon Your access to Our website, products or services and terminate upon the completion of Your use of Our Services or Products or as sooner terminated set forth below.
At Our sole discretion, We may terminate your usage of the Website without prior notice for any reason or no reason at all, including without limitation, for (a) any violation of any provision of this Agreement; (b) aiding in or promoting circumvention
of the Website; (c) acting against Our business interests or reputation; or (d) otherwise acting unlawfully in relationship to YE or the Website.
7.3 Termination of Website or Services.
YE may cease offerings any products, services or in total this or any other of Our Websites at any time and for any reason, in Our sole discretion.
8. Limited Warranty:
YOU AGREE YOU ARE NOT SUBJECT TO ANY RESTRICTIONS, LEGAL OR OTHERWISE THAT WOULD PREVENT YOU FROM ENTERING INTO OR CARRYING OUT THE PROVISION SO THIS AGREEMENT. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
9. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT YE, INCLUDING YE’S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLYEOES, SUBSIDIARIES, AFFILIATES, PARENTS, SUCCESSORS AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, EXPENSES AND COURT COSTS) OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE INCURRED BY YOU, WHETHER IN CONTRACT OR TORT, EVEN IF THE
OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL NOT SEEK OR APPLY FOR SUCH DAMAGES. FURTHER, WE SHALL NOT BE SUBJECT TO ANY CLAIMS OR AWARD OF DAMAGES RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS, YOUR FAILURE
TO ABIDE BY ALL APPLICABLE LAWS, RULES OR REGULATIONS, OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE, PRODUCTS, ACCOUNT, MEMBERSHIP BENEFITS, CONTENT OR SOFTWARE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE,
OR RELIANCE UPON ANY LINKED WEBSITE, SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL
BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON YE, THEN YOU AGREE THAT YE’S TOTAL LIABILITY FOR ANY OR ALL YOUR LOSSES OR INJURIES UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE
OF THE LEGAL OR EQUITABLE CLAIMS ALLEGEDLY VIOLATED, SHALL NOT EXCEED $100.
You shall, at its expense, defend or settle any suit or claim brought against Us and shall indemnify Us from and against any and all damages, losses, liabilities, expenses (including reasonable attorneys' fees and costs, but only to the extent that those
costs and fees were not for duplication of the efforts of competent counsel retained by You at Your expense) arising out of or relating to any claim that YE’s or YE’s Partners possession or use of any information, documentation, services
or other deliverables provided by the You, infringes any copyrights, confidentiality rights, trade secret rights, trademark rights, patent rights and other intellectual property rights of a third party enforceable under United States federal or state
law, UK law, Canadian Law, or International Treaty.
You shall, at its expense, defend or settle any suit or claim brought against Us and shall indemnify Us from and against any damages, liabilities, losses, penalties, costs and expenses (including reasonable costs and attorney’s fees, but only to
the extent that those costs and fees were not for duplication of the efforts of competent counsel retained by You at Your expense), based on third party claims for bodily injury, death or damage to real or tangible personal property to the extent
proximately caused by the negligence or willful misconduct of Subcontractor while engaged in the performance of Services.
11. GOVERNING LAW AND MANDATORY ARBITRAION:
11.1 Governing Law:
The Agreement is governed by Illinois law (without regard to conflicts of laws principles). All of the terms of the Agreement shall be enforceable to the full extent allowed by Illinois law. If Illinois law changes in any manner contrary to the express
terms of the Agreement, those changes will not govern the Agreement to the extent that those changes can be lawfully waived by contract.
No litigation, arbitration or other action relating to the Use of this Site, Products, Services, Limited Offering, or the Agreement may be brought if the cause of action has been known by the injured Party more than 2 YEars.
Each Party will pay (without reimbursement) its own legal fees and expenses incurred in any dispute.
11.2 MANDATORY ARBITRATION:
a) If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where
you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Website Use are unenforceable.
b) If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in the state of Delaware. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration
Rules. The arbitrator will have exclusive authority to resolve any dispute including any claim related to your use of the Website, or any of our services. If either party proceeds to arbitration, each party will pay its own AAA filing, administration
and arbitrator fees unless the arbitrator determines that a party’s claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), in which case the party submitting such
claim shall pay for all filing, administration and arbitrator fees. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator
may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. Each party agrees that the arbitration proceedings
and results of such proceedings shall be kept confidential. This provision shall not be construed to preclude any party from seeking injunctive relief in a court of competent jurisdiction to protect its rights pending an outcome in arbitration.
c) You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. The Terms of Website Use do not constitute a waiver of any of your rights and remedies to pursue a claim individually and
not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
2. YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT
OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
12.1 Standard Procedures.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, We have used appropriate industry standard procedures to protect the confidentiality of Your personal information, such as firewall, encryption, application
proxies, and monitoring technology of Our network and its data. However, no data transmitted over the Internet can be completely secure. As a result, while We strive to protect Your personal information, We cannot guarantee the security of any information
that You transmit to Us or from Our Partners and You do so at Your own risk.
12.2 No Tampering.
You agree not to tamper with the proper functioning and tracking of the Website. Emulating or "faking" search usage and Web Site visits will lead to termination of Your account and may lead to legal action.
12.3 Unauthorized Use.
ANY UNAUTHORIZED USE OR ENTRY INTO A YE WEBSITE IS PUNISHABLE BY LAW, AND WILL BE PROSECUTED TO THE FULL EXTENT OF THAT LAW.
13. Other Terms:
13.1 YE’s Third Party’s:
YE does not warrant, guarantee, or insure the quality of any product or service offered by any of the YE Partners either directly offered through our website or indirectly through a solicitation you may receive. Your relationship with Our Partners is
directly with that Partner whether We deliver goods or services on Our Web Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely
between You and such Partner. You agree not to hold YE liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such Partners through the Web Site.
You may not assign any license, right or right to receive services including this Agreement, or transfer any rights or obligations under the Agreement. YE may transfer the Agreement in connection with a merger, reorganization, sale or transfer of all
or substantially all of the assets of YE or its applicable operating subsidiary or division.
YE may (in any presentations, press release, advertising or publicly-disseminated materials) refer to You, including, for example: Your use of the products or services and or your business needs and reasons for selecting YE.
All notices required under the Agreement must be in writing and delivered electronically or by other method providing for proof of delivery, to the attention of the Party’s president or managing director (unless a different recipient or address
has been designated by notice to the other Party).
Other communications may be delivered by fax, e-mail or other written means.
All services provided by YE will be provided as an independent contractor, and neither YE or You will be, or represent itself to be, the franchiser, franchisee, agent, legal representative or fiduciary of the other party.
The Agreement may be amended only in writing signed by the Parties, except that YE may amend this Agreement or any other applicable order to correct errors without increasing fees or rates.le and the remainder will remain in full force and effect.
If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
13.7 YE Contact or Other YE-Provided Information:
By signing up on the Web Site, You are opting-in to receive Our newsletters by email, other special offer emails, and/or third-party emails. If You do not wish to receive these emails, You may opt-out at any time, by following the directions in the Privacy
Policy or that specific communication.
13.8 Entire Agreement:
herein. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.