Terms and Conditions
Introduction. This document contains the terms and conditions governing your access to and use of WallStJobs.com and are deemed accepted by you each time you use or access WallStJobs.com. If you do not accept these terms and conditions, do not use WallStJobs.com. These terms and conditions are effective as of February 1, 2017.
Binding Agreement. These terms and conditions (as they may be amended from time to time by WallStJobs.com Inc.), together with your Account Activation Form, form a binding agreement between you and WallStJobs.com Inc. Your access to or use of WallStJobs.com indicates your acceptance of these terms and conditions. You are agreeing to use WallStJobs.com at your own risk.
General Use. WallStJobs.com is intended for direct employers seeking candidates for employment. You may use WallStJobs.com only for lawful purposes within the stated context of WallStJobs.com's intended and acceptable use as solely determined by WallStJobs.com Inc.
Intellectual Property. The WallStJobs.com site and all right, title and interest in and to the site is the sole property of WallStJobs.com Inc. and is protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these terms and conditions, WallStJobs.com Inc. reserves for itself all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the content, or use in any other way for public or commercial purpose.
License to Use. WallStJobs.com Inc. hereby grants you a limited, terminable, non-exclusive right to access and use WallStJobs.com only for seeking candidates for employment. This authorizes you to view and download a single copy of the material on the site solely for your personal use directly related to searching for and recruiting job prospects. You may not sell, transfer or assign any of the services or your rights to any of the services provided by WallStJobs.com to any third party without the express written authorization of WallStJobs.com Inc. WallStJobs.com Inc. reserves the right to suspend or terminate your access and use at any time if WallStJobs.com Inc. determines that you are in breach of these terms and conditions.
Jobseeker Data. Because user authentication on the internet is difficult, WallStJobs.com cannot and does not confirm that each jobseeker is who they claim to be. Because WallStJobs.com does not and cannot be involved in user-to-user dealings or control the behavior of participants on the site, in the event that you have a dispute with one or more users, you release WallStJobs.com Inc. from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
WARRANTY DISCLAIMERS. TO THE FULLEST EXTENT POSSIBLE BY LAW, WALLSTJOBS.COM INC. DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WALLSTJOBS.COM INC. IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WALLSTJOBS.COM INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WALLSTJOBS.COM INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
WALLSTJOBS.COM INC. MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. WALLSTJOBS.COM INC. DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
WallStJobs.com Inc. makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any resumes posted by jobseekers, or of any other form of communication engaged in by users. Resumes may contain inaccuracies or typographical errors. You agree that any reliance on resumes generated by users, or on any other form of communication with users, will be at your own risk.
DISCLAIMER OF CONSEQUENTIAL DAMAGE. IN NO EVENT SHALL WALLSTJOBS.COM INC. (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WALLSTJOBS.COM INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT POSSIBLE BY LAW, WALLSTJOBS.COM INC.'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH WALLSTJOBS.COM OR YOUR USE OF WALLSTJOBS.COM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Equitable Relief. Due to the nature of this agreement, in addition to money damages, you agree that WallStJobs.com Inc. will be entitled to equitable relief upon a breach of this agreement by you.
Amendments to this Agreement. WallStJobs.com Inc. may revise these terms and conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the site.
Indemnity. You agree to defend, indemnify, and hold harmless WallStJobs.com Inc. (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the site, your use of the services or your breach of this agreement. WallStJobs.com Inc. shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Security Rules. Users are prohibited from violating or attempting to violate the security of WallStJobs.com, including, without limitation: (i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding", "mail bombing" or "crashing".
Violation of these Security Rules may result in civil or criminal liability. WallStJobs.com Inc. will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Resume Sourcing Rules. WallStJobs.com Inc. grants you a limited, personal, terminable, non-transferable, non-exclusive right to access your account for the purpose of viewing and/or downloading a single copy of available resumes solely for your use.
The site is to be accessed and used solely by those users authorized to access your account. Each authorized user will be issued a unique username and password through which they can access the account. Users may not share their login credentials amongst themselves, with any other co-workers or with any other third parties.
Neither you nor any authorized users may use WallStJobs.com in any way which, in WallStJobs.com Inc.’s sole judgment, adversely affects WallStJobs.com Inc.’s business, business prospects, the performance or function of the site, or interferes with the ability of other subscribers to access the site. You understand and agree that any violation of the Resume Sourcing Rules section will give WallStJobs.com Inc. the right to immediately terminate any and all access to the site and to terminate any corresponding agreements.
You and your authorized users may use your subscription only for seeking candidates for employment and are specifically prohibited from using information contained in the Resume Database to (i) sell or promote any products or services, (ii) take any other action that is, in WallStJobs.com Inc.'s sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. You understand and agree that if you use the site in violation of the preceding restrictions, then WallStJobs.com Inc. may, at its sole discretion, terminate your agreement.
WallStJobs.com Inc. may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the site at any time. By permitting access to the site, WallStJobs.com Inc. does not convey any interest in or to the site or service. All right, title and interest in and to the site is and shall remain in WallStJobs.com Inc.
Miscellaneous. This agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Nassau in the State of New York for any dispute arising under or in connection with this agreement, the site or any site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
Dispute Resolution
Any dispute arising with respect to this agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in the State of New York. You expressly waive and are estopped from asserting any right to pursue any claim against WallStJobs.com Inc. relating to this agreement in any forum or venue located outside of the State of New York. In the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in the State of New York, at our sole discretion. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
General
WallStJobs.com Inc. makes no claims that the site may be lawfully viewed or downloaded outside of the United States. Access to the site may not be legal by certain persons or in certain countries. If you access the 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. WallStJobs.com Inc. reserves the right to assign your license, registration, and/or agreement to any Third Party without written consent. If any provision of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term.
Entire Agreement. These terms and conditions, together with your Account Activation Form, constitute the entire agreement between the parties hereto pertaining to the subject matter hereof. This agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. WallStJobs.com Inc. reserves the right in its sole discretion to terminate the use of the site by a user at any time.