JobSyntaxä Terms and Conditions

1.  ACCEPTANCE OF TERMS

Welcome to JobSyntaxä, Inc (“JobSyntax”). JobSyntax provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without prior notice to you. You can review the most current version of the TOS at any time at: http://www.jobsyntax.com/terms.aspx. In addition, when using particular JobSyntax owned or operated services (“Service”), you and JobSyntax shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2.  DESCRIPTION OF FEE-BASED SERVICE OFFERINGS

JobSyntax provides fee based Services including, by not limited to, Resume and Cover Letter Evaluation and Development, Job Search and Interview Coaching, Job Description and Email Template Evaluation and Development, Candidate Search, Resume Evaluation, and Interviewer Coaching, and Blog and Forum Hosting.  JobSyntax price quotes are subject to change without notice.  As the JobSyntax service offerings are designed for a subset of the employer and jobseeker population, JobSyntax reserves the right not to engage in relationships with clients who do not meet JobSyntax’s client selection criteria.  JobSyntax is not obligated to disclose its selection criteria. Work will not commence until payment or a signed contract has been received.  No refunds or guarantees are available once work as commenced; however, a refund, less payment processing fees incurred by JobSyntax, may be available if work has not commenced.  JobSyntax will provide one round of edits on written documents including resumes, cover letters, job descriptions and email templates.  While JobSyntax provides targeted documents, counseling, and consulting, JobSyntax makes no guarantees on successful use of services; it is incumbent upon the purchaser of the service to use these services properly.  The best resumes, job descriptions, other written services, and provided advice will not be successful if not used properly.  Additionally, JobSyntax produced advice distributed via free services such as the JobSyntax Blog and JobSyntax Forums is provided “as is” and is considered for informational purposes only.  It does not create a business relationship between you and JobSyntax.

Beginning in January 2007, service offering requests submitted to JobSyntax may be fulfilled by Gretchen Ledgard Enterprises, the sole proprietorship of JobSyntax's co-founder and partner.  Clients will be notified of this relationship prior to the commence of work, and payments will be remitted directly to Gretchen Ledgard Enterprises.  Gretchen Ledgard Enterprises follows JobSyntax's terms and conditions, as described in this document.  

3. DESCRIPTION OF ONLINE SERVICE

JobSyntax provides users with access to weblogs and forums which may be accessed through any various medium or device. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for JobSyntax to provide the Service. You also understand and agree that the Service may include certain communications from JobSyntax, such as service announcements, administrative messages, and that these communications are considered part of JobSyntax membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new JobSyntax properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that JobSyntax assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

4. MEMBER CONDUCT

You understand that all information, data, text, photographs, graphics, messages,  other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not JobSyntax, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. JobSyntax does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will JobSyntax be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. impersonate any person or entity, including, but not limited to, a JobSyntax official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
5. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, job postings, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose
6. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. intentionally or unintentionally violate any applicable local, state, national or international law;
8. "stalk" or otherwise harass another

You acknowledge that JobSyntax may or may not pre-screen Content, but that JobSyntax and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, JobSyntax and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by JobSyntax or submitted to JobSyntax, including without limitation information in JobSyntax Forums and in all other parts of the Service.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by JobSyntax and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

5. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

6. INDEMNITY

You agree to defend, indemnify and hold JobSyntax and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your JobSyntax ID), use of the Service, or access to the Service.

8. MODIFICATIONS TO SERVICE

JobSyntax reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that JobSyntax shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. TERMINATION

You agree that JobSyntax may, under certain circumstances and without prior notice, immediately terminate your JobSyntax account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) engagement by you in fraudulent or illegal activities. Termination of your JobSyntax account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in JobSyntax's sole discretion and that JobSyntax shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

10. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that JobSyntax shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

11. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because JobSyntax has no control over such sites and resources, you acknowledge and agree that JobSyntax is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that JobSyntax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Unless otherwise notes, product names, designs, graphics, service marks, trade names, copyrights, or other property of the website and Service are intellectual property of JobSyntax or the property of a designated advertiser and all such intellectual property is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in writing by JobSyntax or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or this website, in whole or in part.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  JOBSYNTX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. JOBSYNTAX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOBSYNTAX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. JOSYNTAX DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR EMAIL FROM JOBSYNTAX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOBSYNTAX AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JOBSYNTAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

15. TRADEMARK INFORMATION

JOBSYNTAXä, JOBGALSä, JobSyntax logo, service marks and other JobSyntax logos and product and service names are trademarks of JobSyntax Inc. (the "JobSyntax Marks"). Without JobSyntax's prior written permission, you agree not to display, copy or use in any manner the JobSyntax Marks.

16. GOVERNING LAW

This site was developed in the U.S. in accordance with and shall be governed by the laws of the State of Washington.  Any legal action regarding this site shall occur in the appropriate federal or state court located in King Count, Washington.  The prevailing party shall be entitled to all costs and reasonable attorneys’ fees.  Any Service is deemed offered, and if accepted, in the State of Washington.