TERMS & CONDITIONS
Agreement for Headhunters.com Advertising Service
This Agreement (the "Agreement") for use of www.headhunters.com (the "Site") is between your company or organization (the "Customer") and Headhunters.com, Inc. (the "Company").
Terms and Conditions
The Commitment Period is the length of time Customer has committed to use the Headhunters.com services. Customer will be charged the fees related to the services Customer has purchased. Customer may elect to pay by credit card or to receive an invoice. If Customer elects to receive an invoice, payment shall be made to Company upon receipt of such invoice. Customer's job post or recruiter listing or other advertisement, shall become live on the Company's web site within 48 hours after receipt of payment. The Company reserves the right to change its fee structure at any time for any reason, but rate increases will not become effective until the next Commitment Period begins. This Agreement shall remain in effect for so long as Customer has requested to receive services from Company hereby or in connection with any Change Order that Customer and Company may execute from time to time.
The contents of the Site (including, without limitation all job postings, recruiter listings and advertisements), and all elements which are a part thereof, and all intellectual and other proprietary rights therein, are and shall remain at all times the property of Company. Notwithstanding the foregoing sentence, any content placed on the Site on behalf of Customer hereunder, and all elements which are a part thereof, and all intellectual and other proprietary rights therein, are and shall remain at all times Customer's property. Customer hereby grants Company the right to publicly display on the Site job postings, recruiter listings and advertisements, placed on the Site by Company on behalf of Customer hereunder. In connection with Customer's membership and for promotional purposes, Customer hereby grants Company the right to use Customer name and logo on the Site. The Company will not be liable whatsoever for any failure to provide reference or access to the Site due to systems failure, technological failure of Site or the Internet, or any other cause outside Company's control. Customer shall have absolutely no recourse against Company for any alleged or actual infringement of Customer's proprietary rights by third parties or for harm due to unauthorized use of Customer postings by third parties, including, without limitation, unauthorized reproduction and tampering by network "hackers."
In using the Site, Customer will abide by all applicable laws, rules and regulations, including equal opportunity laws, and Customer will not use the system to commit a crime, libel, slander, obscenity, indecency, intellectual property infringement, or to plan, encourage or help others to do so.
Customer agrees to indemnify and hold harmless Company, its successors, officers, directors, employees and agents from and against any and all claims, actions, demands, costs, liabilities and expenses (including reasonable legal and accounting fees) arising or resulting from Customer breach of this Agreement or from Customer provisions of any material to the Site, including claims of breach of third party intellectual property rights.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER YOUR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR KNEW OF THE POSSIBILITY THEREOF. IN ANY EVENT, EXCEPT FOR CUSTOMER'S INDEMNIFICATION OBLIGATIONS, EACH PARTY'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO COMPANY HEREUNDER.
THE SITE IS PROVIDED "AS IS" AND COMPANY MAKES NO, AND EXPRESSLY DISCLAIMS ANY, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHERWISE WITH RESPECT TO ITS SERVICES OR THE SITE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.
This Agreement (a) shall be governed by the laws of the State of Washington (other than the conflicts of laws provisions thereof) and Customer consents to the jurisdiction of the Federal or state courts in King County, (b) may be amended only by a writing signed by both parties and (c) constitutes the complete and entire expression of the Agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties with respect to the subject matter hereof. The parties' rights and obligations will bind and inure to the benefit of their respective successors and permitted assigns. Customer will ensure that all of Customer's employees and representatives using, or otherwise having access to, the system do so only in accordance with these terms. These terms shall be sever-able and construed to the extent of their enforceability in light of the parties' mutual intent.
The person whose name is set forth below is authorized to sign this Agreement on behalf of Customer and has read and understood the attached "Terms and Conditions" provided by Company.
Printed Name of Authorized Signer