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PLEASE READ THE TERMS OF USE CAREFULLY
The
following page states the "Terms of Use" under which SportsJobsNow.com
and C.M.I. L.L.C., (the "Company") operates and the terms
of which you (the "User", "Users", or "You")
accept by accessing the site. If you do not accept the terms, please
do not use the services provided by the Company via the Web site SportsJobsNow.com
(the "Web Site"). By using the Web Site you indicate your
acceptance to be bound to the Terms of Use as stated.
USE
OF MATERIALS
All content and graphics (“Content”), including Web pages, illustrations,
photos, articles, HTML code and all other materials on this site are protected
by U.S. and international copyright laws and international treaties. Material
on this Web site may NOT be copied without the expressed permission of the
Company which reserves all rights. Re-use of any of SportsJobsNow.com, content
and graphics in any format for any purpose is strictly prohibited. Users may
not copy or adapt the HTML code that was created by the Company in order to
generate our Web site pages. Permission for any use of materials from the Web
Site must be granted in advance in writing by C.M.I. L.L.C.. The SportsJobsNow.com
logo or any such associated with the above stated are available for organizations
to use on their site as a link, with prior approval from SportsJobsNow.com. The "look" and "feel" of
the Web Site is also subject to trademark and other applicable restrictions.
This includes SportsJobsNow.com's registered color combinations, navigation tools,
graphics, layout and other design elements.
WEB
SITE USE
Users may not use the Web Site in order to transmit, distribute, store or destroy
material (a) in violation of any applicable law or regulation, (b) in a manner
that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other personal
rights of others, or (c) that is defamatory, obscene, threatening, abusive,
or hateful. Users are prohibited from violating or attempting to violate the
security of the Web Site, including, without limitation, (a) accessing data
not intended for such user or logging into a server or account which the user
is not authorized to access, (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a virus
to the Web Site, overloading, "flooding", "spamming", "mail
bombing" or "crashing", (d) sending unsolicited e-mail, including
promotions and/or advertising of products or services, or (e) forging any TCP/IP
packet header or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in civil or criminal
liability. The Company 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.
DISCLAIMER
The Web Site acts as a portal for employers to post job opportunities and job
seekers to view jobs and post resumes and does not screen or censor the
listings offered. The Web Site and Company does not guarantee your success
in finding employment, or positions that Users find suitable. The Company
is not involved in the actual physical transaction between job seekers
and employers. The Company operates in good faith to protect all Users
of the Web Site. However, the Company has no control over the quality,
legality of the jobs or resumes available, the accuracy of such information,
the ability of employers to offer specified opportunities, or the ability
of job seekers to fill positions. In addition, please be advised that there
are inherent risks, such risks may involve the risk of physical harm, of
dealing with strangers, underage persons, or people acting under false
pretenses. You assume all risks associated with dealing with other users
with whom you come in contact through the Web Site. In the circumstance
that you have a dispute with one or more users, you release both SportsJobsNow.com
and C.M.I. L.L.C. from any claims, demands and damages of every kind and
nature, known and unknown, disclosed and undisclosed, arising out of or
in any way connected with such disputes. You expressly release both SportsJobsNow.com
and C.M.I. L.L.C. from any and all claims, demands and damages of every
kind and nature, arising out of or in any way connected with your use of
the Web Site. If You are a California resident, You waive California Civil
Code d1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with the debtor." SportsJobsNow.com and C.M.I.
L.L.C. are under no legal obligation to, and generally do not, control
the information provided by other users which is made available through
the Web Site. By its very nature, other people's information may be harmful,
inaccurate, and in some cases will be deceptively mislabeled. We expect
that you will use caution and common sense when using this Web Site. The
content may contain inaccurate or typographical errors. The Company makes
no representations about the accuracy, reliability, completeness, or timeliness
of the Web Site or the content. The use of the Web Site and the Material
is at your own risk. You acknowledge and agree that you are solely responsible
for the form, content and accuracy of any resume or material contained
therein placed by you on the Web Site. Employers are solely responsible
for their postings on the Web Site. The Company is not to be considered
to be an employer with respect to your use of the Web Site and the Company
shall not be responsible for any employment decisions, for whatever reason
made by any entity posting opportunities on the Web Site. THE COMPANY DOES
NOT GAURANTEE THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR HARMFUL DEVICES. IF
YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING
REPAIR OF ANY SORT THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE
WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS. THE COMPANY,
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. THE COMPANY MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
COMPANY
LIABILITY
In no event shall SportsJobsNow.com, C.M.I. L.L.C., employers listed, nor any
third party involved in creating or delivering the website will be liable under
any theory (including negligence) for any incidental, consequential, indirect,
special, or punitive damages arising out of your access to or use of the website,
even if SportsJobsNow.com or C.M.I. L.L.C. has been advised of the possibility
of such damages. This includes, without limitation, damages incidental and
consequential, lost wages or profits, or damages resulting from business interruption.
Such damages will not be held responsible from the Company due to the Web Site
and its content, whether based on warranty, contract, tort, or any other legal
theory, and whether or not the Company is advised of the possibility of such
damages. SportsJobsNow.com's or C.M.I. L.L.C.'s maximum liability arising
out of or in connection with SportsJobsNow.com or any C.M.I. L.L.C. site or use
of the Web Site or Content, regardless of the cause of action (whether in contract,
tort, breach of warranty or otherwise), will not exceed $100.
INDEMNITY
You agree to indemnify and hold harmless each of SportsJobsNow.com and C.M.I.
L.L.C., its owners, employees, directors and affiliated entities including
all third parties mentioned at Web Site, from and against any and all claims,
actions or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Web Site, the Content
or your breach of these Terms of Use.
JURISDICTION
This Web Site is controlled, operated and administered by SportsJobsNow.com and
C.M.I. L.L.C. from its offices within the State of Arizona . SportsJobsNow.com
and C.M.I. L.L.C. makes no representation or warranty that the Web Site
or Content are appropriate or available for use at any locations outside
of Arizona . These Terms of Use shall be interpreted, construed and governed
by the laws in force in the State of Arizona . You agree that any action,
suit or proceeding arising out of or related to these Terms of Use shall
be commenced in Phoenix, Arizona. Each party hereby agrees to submit to
the jurisdiction of the courts of Arizona and waives any objections based
upon venue in any such action, suit or proceeding. The United Nations Convention
on Contracts for the International Sale of Goods does not apply to these
Terms of Use. Notwithstanding the foregoing, SportsJobsNow.com and C.M.I.
L.L.C. may pursue enforcement of intellectual property rights and the protection
of confidential information in such other jurisdictions as through injunctive
or other equitable relief through the courts.
TERMINATION
OF SERVICES
SportsJobsNow.com and C.M.I. L.L.C., reserves the right to pursue all of its legal
remedies in order to protect the Web Site and its users. These actions may
include but are not limited to deletion of employer postings from this Web
Site, termination of members subscription due to actions deemed as a threat
to the Company, immediate termination of your registration or ability to access
the Web Site, and termination of all other service provided to you by the Company.
The above mentioned may be required upon any breach by you of these Terms of
Use.
PAYMENT
OF PRODUCTS AND SERVICES
Certain portions, components, Content and features of the Web Site are only
available to Users who purchase products or services. As a User of one of the
fee-based products or services, You agree to pay, using a valid credit card
(or other form of payment which SportsJobsNow.com and C.M.I. L.L.C. may accept
from time to time), the fixed and periodic charges and fees (including any
prepayment plan fees for multiple periods) set forth on this Web Site, applicable
taxes, and other charges and fees incurred in order to access the products
or services. The charges and fees on this Web Site are expressed in United
States dollars and your credit card or other account will be charged in United
States dollars. SportsJobsNow.com and C.M.I. L.L.C. reserves the right to increase
charges and fees, or to institute new charges or fees at any time, upon reasonable
advance notice communicated to you through a posting on this Web Site or such
other means as Work In Sports may deem appropriate from time to time (including
electronic mail or conventional mail).
AUTO
RENEWAL BILLING
"Month-To-Month Membership" will be automatically billed on a monthly
basis until cancelled. "Quarter-To-Quarter Membership" will be billed
on a quarterly basis until cancelled. It is the responsibility of the registered
user to contact our staff for cancellation of these services. In order to prevent
automatic renewal and billing, users MUST contact our staff. Users can do so
by filling out a Customer Support Ticket at http://www.SportsJobsNow.com/contact.asp with
their request.
TRIAL
MEMBERSHIPS
5 day, 7 Day, and 14 Day "Trial Memberships" will automatically enroll
the user into our basic "Month-To-Month Membership" plan, which is
billed on a monthly basis until cancelled, unless cancelled within the trial
period. It is the responsibility of the registered user to contact our staff
for cancellation of these services. In order to prevent automatic enrollment
into "Month-To-Month Membership" and auto renewal billing, users
must contact our staff. Users can do so by filling out a Customer Support Ticket
at http://www.SportsJobsNow.com/contact.asp with
their request.
REFUND
POLICY
SportsJobsNow.com and C.M.I. L.L.C. are NOT required to provide refunds of any
kind, including refunds for User membership, remaining membership term, employer
services, resume services, any all other Site related products and services.
PRIVACY
COMMITMENT
SportsJobsNow.com is committed to protecting the privacy of all our users. We
want to provide a safe, secure user experience. By registering with the site,
or by submitting your e-mail address for the use of our services, you agree
that the information you submit can be used by SportsJobsNow.com. The Company
also reserves the right to offer third party services and products to you,
such offers that may be made by the Company or by third parties. We will use
our best efforts to ensure that the information you submit to us remains private.
USER
SUBMISSIONS
SportsJobsNow.com does not want to receive confidential or proprietary information
from you through our Web site. Please note that any information or material
sent or submitted will be deemed NOT to be confidential. By sending SportsJobsNow.com
any information or material, you grant an unrestricted, irrevocable license
to use, reproduce, display, perform, modify, transmit and distribute those
materials or information.
REGISTRATION
AND PASSWORDS
You are responsible for maintaining the confidentiality of your information
and password. You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify the Company of any
unauthorized use of your registration or password.
RESUME
SERVICES
Since SportsJobsNow.com gives you the option of putting your resume on the Internet.
Through submitting your resume to the database, you give consent to employers
and recruiters the access to your resume. We cannot guarantee that other parties
will not, without our consent, gain access to this database. You may remove
your resume from the database at any time. However, parties who have otherwise
gained access to the database, may have retained a copy of your resume in their
own files or databases. We are not responsible for the retention, use, or privacy
of resumes in these instances, or for the use or privacy of resumes by any
of such parties while resumes are in the database.
COOKIES
To enhance your experience at SportsJobsNow.com, we use a feature on your Internet
browser called a "cookie". Cookies are small files that your
Web browser places on your computer's hard drive. We use cookies for remembering
user names and passwords and preferences, tracking click streams, and for
load balancing. Because of our use of cookies, we can deliver faster service,
consistent, updated results, and a more personalized site experience. You
have the option of setting your browser to reject cookies. However, doing
this will hinder performance and negatively impact your experience on our
site.
ADDITIONAL
TERMS OF USE
Certain areas of this Web Site are subject to additional terms of use. By using
such areas, or any part thereof, You agree to be bound by the additional terms
of use applicable to such areas.
ACCEPTANCE
By closing this browser window; or by submitting payment information through
the eprocessingNetwork Service; or by accessing any portion of the SportsJobsNow.com
Web site, you agree that you have read, understand, and agree to abide
by this Terms Of Use Agreement, and any documents incorporated by reference,
and you agree that you intend to form a legally binding contract; and that
this Terms Of Use constitutes "a writing signed by You" under
any applicable law or regulation. Any rights not expressly granted herein
are reserved by SportsJobsNow.com and C.M.I. L.L.C.
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