Terms of Use of BAJobs.com

This page, including the Legal Notices and the Privacy Policy, contains the entire terms and conditions (the "Terms and Conditions") that apply to your use of BAJobs.com services ("Services") and its website and/or any co-branded websites BAJobs.com may operate or host from its servers (collectively referred to herein as "Site"). By using BAJobs.com, you agree to be bound by all of these Terms and Conditions. If you do not agree with these terms and conditions, do not use the site or services on this website. The terms "You" and "User" as used herein refer to all individuals, entities, job seekers, and employers that use BAJobs.com for any reason.

Registration

To utilize some of the BAJob.com services, we require a registration process whereby users select a member name ("E-mail ID" or "Login" or "Login Name") and a password. Your E-mail ID will be used to identify you on BAJobs.com. You may login onto BAJobs.com, use the services or modify your information, only through your E-mail ID and password. By registering, you certify that the email address you provide in the registration is accurate and belongs to you.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your E-mail ID and password. You agree to notify BAJobs.com immediately at support@bajobs.com of any unauthorized use of your account or any other breach of security you learn about.

Guidelines for Use

BAJobs.com Services and Site are only available for use by individuals who are age 13 or over. The Services and Site may not be used by scripts, machines or automated services. BAJobs.com Services and Site may be used only for lawful purposes. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the BAJobs.com Services or Site for any criminal or illegal activities or any activities that might be legally actionable.

BAJobs.com reserves the right to determine what constitutes Internet abuse and objectionable conduct. If BAJobs.com believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content or suspension or termination of use and access to BAJobs.com services.

Violations of system and network security are prohibited. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account. If you notice a problem with other users not following these guidelines, please notify us by contacting support@bajobs.com.

Content License

BAJobs.com enables users to post information, data, text, and other content ("Your Content") to its Site. When you post Your Content on the Site, you understand and agree that Your Content can be viewed and used by other Users who visit the Site. You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by BAJobs.com and its affiliates will not infringe upon or violate the rights of any third party. Before you use BAJobs.com Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.

By registering with BAJobs.com and posting Your Content on the Site, you hereby grant BAJobs.com a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sublicensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, whether now-known or hereafter developed. You also grant BAJobs.com and its affiliates and sub licensees the right to use the Member Name that you submit with Your Content for purposes of attribution. If you do not wish to have Your Content attributed to you, then you must notify BAJobs.com at support@bajobs.com.

BAJobs.com Property Rights

The layout, design, concept and organization of the BAJobs.com Site and Services are subject to BAJobs.com's patents, copyrights and other intellectual property rights. All rights are reserved.

You acknowledge and agree that BAJobs.com owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the BAJobs.com Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.

You agree that you will obtain the express written permission from BAJobs.com before you copy, upload, transmit, reproduce, distribute or in any way exploit any BAJobs.com Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the BAJobs.com Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use BAJobs.com's trade names, service marks or any other trade insignia. Any use of BAJobs.com's trade names, services marks or any other trade insignia shall be subject to BAJobs.com's prior written consent.

Disclaimers of Warranty

Other than providing a passive framework in which Employers and Job Seekers can post job offerings and resumes, BAJobs.com does not review or verify the content of postings at its Site. The Users who participate at BAJobs.com have not been licensed, certified or tested, nor have they met any requirements other than, in some cases, completing our registration form, which has not been reviewed or verified by us.

YOU EXPRESSLY AGREE THAT USE OF BAJOBS.COM SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

BAJOBS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. BAJOBS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BAJOBS.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, TRUTHFUL, OR ERROR FREE. BAJOBS.COM DOES NOT WARRANT THAT THE SITE OR ITS SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES BAJOBS.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on Liability

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL BAJOBS.COM, AGILE MEDIA, INC., ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("BAJOBS.COM"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF BAJOBS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY BAJOBS.COM SHALL BE CANCELLATION OF YOUR MEMBERSHIP TO THE SERVICES AND/OR TERMINATION OF YOUR USE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

BAJobs.com provides its Services and Site to Users on the assumption that Users will act professionally and responsibly. If they do not, Users must bear full responsibility for their actions. As a Users, you agree to defend, indemnify, and hold harmless BAJobs.com, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your user name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. BAJobs.com reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of BAJobs.com, which shall not be unreasonably withheld.

Term, Termination

This Agreement shall be effective for as long as you use the Services. Either you or BAJobs.com may terminate this Agreement with or without cause, upon thirty (30) days notice to the other party. BAJobs.com may terminate this Agreement immediately if, based on BAJobs.com's sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of BAJobs.com Services or Site, (ii) infringed or violated any intellectual property right of BAJobs.com, or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party.

The termination of this Agreement shall terminate your access to the Services. BAJobs.com shall not be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable to BAJobs.com prior to the effective date of termination of this Agreement.

Upon termination of this Agreement, the perpetual license you have granted to BAJobs.com shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.

Links to Other Sites

The BAJobs.com site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by BAJobs.com of the contents on such third-party sites. BAJobs.com 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 sites. If you decide to access linked third party Web sites, you do so at your own risk.

Export Control Compliance

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws. Regrettably, nations of Cuba, Iraq, Iran, Libya, North Korea, and Syria may not legally access BAJobs.com.

Consumer Rights

If you should have any complaints about BAJobs.com, or need further information about the Services, contact support@bajobs.com. The Complaint Assistance Unit of the California Division of Consumer Affairs may be contacted in writing at 1020 N Street, Suite 501, Sacramento, CA, 95814, or by telephone at (916) 445-1254.

No Assignment

Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of BAJobs.com.

Severability

If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Applicable Law and Jurisdiction

This Site (excluding links) is controlled and operated from our offices in San Jose, California. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of California and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of California and the United States of America. The federal and state courts of the State of California located in San Francisco shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by either email or registered mail sent to the address you provide BAJobs.com in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.

Other

BAJobs.com may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should terminate your use of the services.

rev.2000.11.09