1. Introduction. The following Agreement governs Your access to and use of the HospiceCareers.com Web Site (Site). If You do not accept these terms and conditions or You do not meet or comply with their provisions, You may not use the Site, or in the alternative we may suspend or revoke Your license to use the Site.
2. Definitions. The following definitions apply to this Agreement:
"HospiceCareers.com Web Site" or the "Site" includes HospiceCareers.com in its entirety and its related sites owned or operated by St. Thomas Communications LLC, including their Content, Text, Graphics, Design, Programming, software applications, hardware, web portal, and Services as applicable in the context. St. Thomas Communications, LLC does not claim an ownership interest in Applicant, Employer or User Text, Documents or their logos, trademarks or servicemarks posted on the Site.
"Applicant" means an individual user of the Site who posts a resume or other data for review or
consideration by Employer.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether instructional, navigational or editorial.
"Graphics" includes all buttons, logos, and other graphical elements on the site.
"Design" includes page layouts, colors and fonts.
"Document" include any posting, blog, article, resume or job submitted to or posted on the Site.
"User" refers to any individual or company that uses any aspect of the Site.
"Employer" or "You" ("Your, Yours") refers to a person or entity that accesses the site for the purpose of posting or searching the database, or communicating with another User.
3. Acceptable Use. The Site is intended for Employers seeking Applicants, Applicants seeking employment, or Users wishing to view and/or post/exchange information with other Users in such forms as job descriptions, resumes, blogs, forums, message boards or articles. Users may use this Site only for lawful purposes and within St. Thomas Communications, LLC’s intended and acceptable Code of Conduct. The Code of Conduct is incorporated herein by reference, and is posted on the Site. St Thomas Communications, LLC reserves the right to modify the Code of Conduct in its sole discretion from time-to-time.
3.1 License to Use by Employers. You are granted a limited, terminable, non-exclusive right to access and use the Site to search and seek out Applicants for employment and to exchange information with Users. You may not sell, transfer or assign this license to a third party, without the written consent of St. Thomas Communications LLC. You agree that You are solely responsible for the Text or Document you post on the Site. St. Thomas Communications, LLC reserves the right to terminate Your license, if at any time, it is determined that You are in violation of any terms or conditions contained herein.
3.2 Other Use Rules. You represent, warrant and agree that You will not use, or encourage others to use, the Site for any manner or purpose that is prohibited by the Code of Conduct or by applicable law. You must be at least 13 years of age to use the Site.
4. Intellectual Property Rights. The Site, including all right, title and interest, is the sole property of St. Thomas Communications, LLC or its licensors and is or may be protected by U.S. copyright, trademark and patent. With the exception of the limited license granted to You, St. Thomas Communications, LLC reserves to itself and its licensors, all other right, title and interest. You may not copy, reproduce, modify, sell, display or distribute the Content for public or commercial purpose; You may use the Content only for Your internal employment purposes. You shall not use the HospiceCareers.com logo or any of St. Thomas Communications, LLC other service marks or trademarks.
5. Limitation of Liability. St. Thomas Communications, LLC, assumes no responsibility for postings made by Applicants, Users or Employers. Further, St. Thomas Communications, LLC assumes no responsibility for the activities, omissions or conduct of Applicants, Users or Employers. HospiceCareers.com provides a portal for Users to connect with one another and has no obligation to screen their communications, Text or Documents in advance
5.1 No Endorsements by St. Thomas Communications LLC. Nothing on the Site shall be considered an endorsement representation or warranty with respect to any User or third party, whether with regard to the Site, services, hiring, employment or recruiting practices or for any other purpose.
5.2 No Guaranty of Results. St. Thomas Communications, LLC makes no representations or guarantees regarding the effectiveness or timeliness of the Site. Furthermore, St. Thomas Communications, LLC does not warrant or guarantee Documents posted by Users will result in Applicants being hired or positions being filled and is not responsible for employment decisions made by any Employer.
5.3 Warranty. The Site is provided on an ‘as is’ basis without warranties of any kind, express or implied. St. Thomas Communications, LLC, to the fullest extent permitted by law, disclaims all warranties, including but not limited to, the warranties of merchantability, title, non-infringement of third parties’ rights, and fitness for particular purpose. St. Thomas Communications, LLC makes no warranties with respect to the accuracy, reliability, completeness or timeliness of the Site, or any Text or Document posted thereon by any User. Without limitation on the foregoing, St. Thomas Communications, LLC does not warrant that the site 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 results directly or indirectly in the need for servicing or replacing equipment or data, St. Thomas Communications LLC is not responsible for those costs.
St. Thomas Communications LLC makes no representations or guarantees about the truthfulness, accuracy, completeness, timeliness or reliability of any Text or Documents posted by Users or any other form of communication engaged in by Users. Text and Documents may contain inaccuracies and You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at Your own risk. St. Thomas Communications, LLC makes no representations or guarantees regarding the Content of the Site, including but not limited to broken links, inaccuracies or typographical errors.
5.4 Damage Limitation, Allocations of Liability and Equitable Relief. You assume all responsibility and risk for Your use of the Site, the Internet generally and the Text or Documents You post or access and for Your conduct on and off the Site. In no event shall St. Thomas Communications, LLC be liable to You, any User or other third party for any 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 the use or access to, or the inability to use or access, the Site and/or any Document, whether such action is based on warranty, contract, tort, infringement, or any other legal theory, and whether or not You have been advised of the possibility of such damages. In the event that the disclaimer of liability is unenforceable for any reason, then St. Thomas Communications, LLC maximum liability to You shall not exceed the lesser of Your actual damages or the amount paid to St. Thomas Communications, LLC by You in the previous three (3) months. The parties are responsible for their own attorney’s fees.
6. Payment. Customer shall pay St. Thomas Communications, LLC based on the contracted rates, which will be posted on the Site. Payments can be made by credit card. If the User desires to be invoiced for the license and services provided, St. Thomas Communications, LLC, may make a credit worthiness determination. If St. Thomas Communications, LLC determines in its sole discretion to permit You to pay upon invoice, You will be invoiced at the time the Text or Document is posted with payment required within 15 days of the posting. Failure to pay in a timely manner will result in suspension of the license and St. Thomas Communications, LLC shall be entitled to interest at the rate of 1% per month for any payments 15 days overdue. There are no refunds or exchanges under any circumstances.
6.1 Payment of Services Upon Termination of Agreement. If You terminate this Agreement, You shall pay for the Services used by You through the date of termination at the appropriate rate based upon postings made during the contract term.
7. Links to Other Sites. St. Thomas Communications, LLC contains links to third party sites. These links are provided to you as a convenience and do not constitute an endorsement by St. Thomas Communications, LLC of the contents on such third party web sites. St. Thomas Communications, LLC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third -party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
8. Amendments to this Agreement. St. Thomas Communications, LLC may revise this Agreement at any time by updating this page. These changes will be binding on You on the date they are posted on the Site. Any use of the Site will be considered acceptance by You of the then current Terms and Conditions including any Exhibits. If at any time You find the Terms and Conditions unacceptable, Your license to use the Site shall terminate.
9. Indemnity. You agree to defend, indemnify and hold harmless, St. Thomas Communications, LLC (and its 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 a cause of action relating t, caused by or resulting from or in connection with Your use of the Site, any Text or Document posted by You or Your breach of this Agreement. St. Thomas Communications, LLC shall use reasonable efforts to provide you prompt notice of any such claim, suit or proceeding and will assist You, at Your expense, in defending any such claim, suit or proceeding.
10. Privacy Policy. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through on-line operations only. As set forth in the Privacy Policy, St. Thomas Communications, LLC may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, St. Thomas Communications, LLC reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.
11. Code of Conduct. You shall comply with the Code of Conduct posted on the Site. If You fail to comply, Your license to use the Site may be suspended or terminated in the sole discretion of St. Thomas Communications, LLC.
12. Notices. Notices for St. Thomas Communications, LLC shall be sent to President, St. Thomas Communications LLC, 13375 University Ave., Suite 200, Clive, IA 50325. Notice to You will be sent to the address You provide, as verified by St. Thomas Communications, LLC. Questions concerning use of the Site should be directed to customerservice@hospicecareers.com.
13. Governing Law. This agreement shall be governed by the law of the State of Iowa.