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Mommy Jobs Online Terms of Use
Updated May 24, 2018
Overview
Welcome to the Mommy Jobs Online Terms of Use ("Terms") page. Yes, there is a good dose of legalese here. While we don't love it either, we provide these Terms to protect both you and us and to let you know that we take this responsibility seriously.
Below is a quick glance at some of the more important guidelines that apply to your use of the Mommy Jobs Online Site:
All Users
● Whether you are a Job Seeker, Employer, or just passing through, we expect you to abide by a high standard of professional and acceptable behavior. You must also comply with applicable law, including local, state, and federal employment and discrimination laws.
Job Seekers
● Job Seekers agree to use all resources on the Mommy Jobs Online Site solely for personal, individual noncommercial use and agree not to share, sell, distribute or disclose to any third party or on any other website any Mommy Jobs Online content, which includes job listings.
Employers
● Employers interested in and submitting a request to use the Mommy Jobs Online service will be invited to do so at the sole discretion of Mommy Jobs Online.
● Employers must be legitimate, clearly presented, and in good-standing (such as with the BBB). An Employer that does not satisfy our guidelines, particularly if there is questionable or scam-related behavior, will not be invited. Mommy Jobs Online retains the right in its sole discretion to revoke an Employer’s access at any time for the reasons stated here and elsewhere in these Terms.
● An Employer account can only be created by the appropriate HR Manager/Executive/Recruiter from within and approved by the Employer organization. Independent Representatives are not permitted to post jobs on behalf of an Employer organization.
● If invited, when posting jobs or contacting candidates, Employers must be hiring for current employment opportunities that include a flexible work element such as a remote work option, freelance contract, or a part-time, flexible, or alternative schedule.
● Employers are explicitly prohibited from soliciting potentially invasive personal or financial information from candidates in the database as part of the job application/advertisement process, such as social security, credit card, or bank account numbers.
● Business opportunities, including any job requiring an investment to get started, are not permitted on Mommy Jobs Online.
● Commission-Only jobs are not permitted to be posted on the Mommy Jobs Online Site.
Mommy Jobs Online reserves the right to discontinue any accounts that violate (either overtly or even just the intentions of) our policies or terms of use, misuse our service in any way, and/or are not in keeping with the mission of our service -- solely at our discretion.
Terms of Use
These are the Terms of Use ("Terms") under which you may use Mommy Jobs Online (www.MommyJobsOnline.com), which is an online service that helps Job Seekers search for flexible employment opportunities and helps Employers find candidates. Please read these Terms carefully. If you do not accept them, do not use Mommy Jobs Online and its services. By using Mommy Jobs Online’ Website, you agree to be bound by these Terms. Mommy Jobs Online may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms. They give you and us certain rights and obligations.
Eligibility
1. You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use Mommy Jobs Online in any manner. By visiting and continuing to use Mommy Jobs Online, you represent and warrant to Mommy Jobs Online that you have reached the age of majority in your jurisdiction and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to Mommy Jobs Online that you will use Mommy Jobs Online in a manner consistent with any and all applicable laws and regulations.
Use of Mommy Jobs Online Content
2. Mommy Jobs Online authorizes you to view and access a single copy of the content available on or from Mommy Jobs Online solely for your personal use. The contents of Mommy Jobs Online, such as text, graphics, images, logos, button icons, software, and other Mommy Jobs Online content, are protected under both United States and foreign copyright, trademark, and other laws. You agree not to sell or modify the Mommy Jobs Online content or reproduce, display, publicly perform, distribute, or otherwise use the Mommy Jobs Online content in any way for any public or commercial purpose, in connection with products or services that are not those of Mommy Jobs Online, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Mommy Jobs Online or its licensors, that dilutes the strength of Mommy Jobs Online' trademarks, or that otherwise infringes Mommy Jobs Online' intellectual property rights. You further agree not to misuse in any other way any Mommy Jobs Online content. The use of the Mommy Jobs Online content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Mommy Jobs Online creates to generate or display any Mommy Jobs Online content or the pages making up any Mommy Jobs Online Site is also protected by Mommy Jobs Online' copyright, and you may not copy or adapt such code.
Mommy Jobs Online Site Restrictions
3. Any Employer may request an invitation to Mommy Jobs Online however, invitations to use Mommy Jobs Online hiring and recruiting services will only be extended to those who Mommy Jobs Online deems a good match for its platform. For example, priority will be given to high-quality organizations hiring for professional jobs which align well with the interests of the Mommy Jobs Online’ candidate pool and who have a good track record in their industry. The decision to invite an Employer to have a hosted Employer account is made at Mommy Jobs Online' sole discretion.
4. Users may not use Mommy Jobs Online in order to transmit, post, distribute, store, or destroy material, including without limitation, Mommy Jobs Online content, (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.
5. Users are also prohibited from violating or attempting to violate the security of any Mommy Jobs Online Site, including without limitation, the following activities: (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 any Mommy Jobs Online Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) 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 and/or criminal liability. Mommy Jobs Online 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.
Specific Prohibited Uses
6. The profile and resume database ("Mommy Jobs Online Resume Database") and other features of Mommy Jobs Online may be used only for lawful purposes by Employers seeking employees. Mommy Jobs Online Resume Profiles may be used only for lawful purposes by individuals to network for professional purposes with other individuals.
7. Mommy Jobs Online specifically prohibits any other use of Mommy Jobs Online, and all Users agree not to do any of the following: (a) use any Mommy Jobs Online Resume Database for any purpose other than as an Employer seeking employees or freelancers; (b) post or submit to Mommy Jobs Online any incomplete, false, or inaccurate biographical or organizational information or information which is not your own; (c) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of Mommy Jobs Online; (d) delete or revise any material posted by any other person or entity; (e) take any action that imposes an unreasonable or disproportionately large load on any Mommy Jobs Online Site's infrastructure; or (f) aggregate, copy, or duplicate in any manner any of the Mommy Jobs Online content or information available from Mommy Jobs Online, without express written consent from Mommy Jobs Online; or (g) post jobs or content on any Mommy Jobs Online Site that contain hyperlinks, "hidden" keywords, or keywords that are irrelevant to the job or are otherwise misleading.
8. Mommy Jobs Online does not necessarily monitor materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, please contact us.
Registration Information
9. When you register with Mommy Jobs Online, you will be asked to create a Mommy Jobs Online Account and provide Mommy Jobs Online with certain information including, without limitation, a valid email address (your "information"). Information you submit will be used in accordance with Mommy Jobs Online's Privacy Policy.
10. Mommy Jobs Online reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Mommy Jobs Online or by third parties.
11. You understand and acknowledge that you have no ownership rights in your Mommy Jobs Online Account and that if you cancel your Mommy Jobs Online Account, all your account information from Mommy Jobs Online will be marked as deleted in Mommy Jobs Online' databases and will be removed from any public area of the Mommy Jobs Online Site. Information may continue to be available for some period of time because of delays in propagating such deletion through Mommy Jobs Online' web servers. In addition, third parties may retain cached copies of your information.
User Content and Submissions
13. You are responsible for your Mommy Jobs Online account information, Employer account information, job postings, Resume Profile, content, messages, audio, video, photos, text, images, compilations or other information that you post on Mommy Jobs Online or transmit to other Users ("User Content"). You agree that in submitting User Content or otherwise using any Mommy Jobs Online Site that you will not impersonate any person, or submit any materials to Mommy Jobs Online that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
14. When providing or forwarding information between Employer and Job Seekers, Mommy Jobs Online acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications, or information and is not responsible for screening or monitoring User Content. However, Mommy Jobs Online may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules, or regulations, is abusive, disruptive, offensive, or illegal, or violates the rights of, or harms, or threatens the safety of, Mommy Jobs Online or its Users. Mommy Jobs Online reserves the right to expel Users and prevent their further access to Mommy Jobs Online and/or use of Mommy Jobs Online services for violating these Terms. Mommy Jobs Online may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Mommy Jobs Online, damage Mommy Jobs Online' brand or public image, or cause Mommy Jobs Online to lose (in whole or in part) the services of its ISPs or other suppliers.
15. Mommy Jobs Online does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
16. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Mommy Jobs Online may in its sole discretion investigate the allegation and determine whether to take any other actions including whether to remove or request the removal of the User Content. Mommy Jobs Online has no liability or responsibility to Users for performance or nonperformance of such activities.
17. We appreciate hearing from our Users and welcome your comments regarding your experience with our Site.
a. Please be advised that by submitting any comments, feedback, testimonials, or success stories you are granting Mommy Jobs Online permission to use your comments, feedback, testimonials, or success stories (collectively "Feedback") for marketing purposes unless during the original submission you explicitly state that you do not grant that permission. Mommy Jobs Online shall be entitled to unrestricted use of Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
b. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Mommy Jobs Online. None of the Submission shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Submission. Mommy Jobs Online shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Username and Password
18. You are responsible for maintaining the confidentiality of your account, profile, and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Mommy Jobs Online registrations and passwords, whether or not authorized by you. You agree to immediately notify Mommy Jobs Online of any unauthorized use of your account, profile, or passwords.
Cancellation
19. You can cancel your subscription at any time, effective immediately or effective at the expiration of your current paid subscription. No refund or partial refund will be issued for an account cancelled prior to the end of its current paid subscription period. Please email hr@mommyjobsonline.com to cancel your account. By cancelling your order or subscription your account and all related information will be removed from our Website. Information may continue to be available for some period of time because of delays in propagating such deletion through Mommy Jobs Online' web servers. In addition, third parties may retain cached copies of your information. For more detailed information on the privacy, protection, and use of your information, please see our Privacy Policy.
Refund Policy
20. No refunds on any contractor registration and/or telecommute job board service.
21. Employers who use our paid services are not entitled to a refund.
Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others
22. Mommy Jobs Online and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display, or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of Mommy Jobs Online, you agree not to use Mommy Jobs Online to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Mommy Jobs Online Users, and block access to Mommy Jobs Online of any Users who infringe the copyright, or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to you.
Mommy Jobs Online' Liability
23. If an Employer receives an invitation and then chooses to become an approved Employer so that they can use Mommy Jobs Online' full platform, such Employer will be able to submit flexible job openings to be posted by our staff to Mommy Jobs Online. Every job will be reviewed to ensure it meets the quality and relevancy criteria. Mommy Jobs Online reserves the right to reject job postings in our sole discretion. Additionally, Mommy Jobs Online is used by candidates to post Resume Profiles (and related application materials) and to apply for jobs. Mommy Jobs Online is not to be considered an Employer, a headhunter, a staffing agency, or in any similar capacity with respect to the use of our Site or the services we provide. Accordingly, Mommy Jobs Online shall not be responsible for any employment decisions, for whatever reason made by any entity posting jobs on our Site. While we take extensive efforts to screen and censor the listings offered in the interest of preventing scams, abuse, and/or illegal activity, we are not responsible for the actual interactions or negotiations between potential Employers and candidates, nor for confirming or controlling the quality, accuracy, or legality of information provided by Users (which include candidates and Employers) on the Website.
24. Mommy Jobs Online may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for Mommy Jobs Online, damage Mommy Jobs Online' brand or public image, or cause Mommy Jobs Online to lose (in whole or in part) the services of its ISPs or other suppliers. While Mommy Jobs Online reserves the right in its sole discretion to remove User Content, job postings, resumes, or other material from Mommy Jobs Online from time to time, Mommy Jobs Online does not assume any obligation to do so and disclaims any liability for failing to take any such action.
25. Because User authentication on the Internet is difficult, Mommy Jobs Online cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on Mommy Jobs Online, in the event that you have a dispute with one or more Users, you release Mommy Jobs Online (and our agents and employees) from claims, demands, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your interactions with other Users and any such disputes that may result from those interactions.
26. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
27. Mommy Jobs Online may contain inaccuracies or typographical errors. Mommy Jobs Online makes no representations about the accuracy, reliability, completeness, or timeliness of any Mommy Jobs Online content. The use of all Mommy Jobs Online content is at your own risk. Changes are periodically made to Mommy Jobs Online and may be made at any time. 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 Mommy Jobs Online. Employers are solely responsible for their postings on Mommy Jobs Online. Mommy Jobs Online is not to be considered an Employer with respect to your use of Mommy Jobs Online and Mommy Jobs Online shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Mommy Jobs Online Site.
28. Mommy Jobs Online cannot guarantee and does not promise any specific results from the use of Mommy Jobs Online. No advice or information, whether oral or written, obtained by a User from Mommy Jobs Online shall create any warranty not expressly stated herein.
29. For information regarding GDPR compliance, see our Privacy Policy. By using our Site and/or our services, you acknowledge that you have read our Privacy Policy.
Disclaimer of Warranty
30. Limitation and Disclaimer of Warranties. MOMMY JOBS ONLINE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MOMMY JOBS ONLINE SITE RESULTS IN THE NEED TO SERVICE OR REPLACE YOUR EQUIPMENT OR DATA, MOMMY JOBS ONLINE IS NOT RESPONSIBLE FOR THOSE COSTS. THE MOMMY JOBS ONLINE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MOMMY JOBS ONLINE, 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. MOMMY JOBS ONLINE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MOMMY JOBS ONLINE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Limitation and Disclaimer of Liability
31. IN NO EVENT SHALL MOMMY JOBS ONLINE, ITS SUPPLIERS, OR ANY OTHER MOMMY JOBS ONLINE’ AFFILIATED THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY MOMMY JOBS ONLINE SITE AND THE MOMMY JOBS ONLINE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOMMY JOBS ONLINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
32. MOMMY JOBS ONLINE' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MOMMY JOBS ONLINE SITE OR YOUR USE OF THE MOMMY JOBS ONLINE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $50.
Links to Other Sites
33. Mommy Jobs Online provides access to third party content and links. You understand and agree that we're only acting as a conduit and that we have no liability related to the third-party, whether arising under the laws of copyright, libel, privacy, or obscenity. Mommy Jobs Online 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 websites. If you decide to access linked third-party websites, you do so at your risk.
Indemnity
34. You agree to indemnify and hold harmless Mommy Jobs Online, its affiliates, and their respective officers, directors, employees, and agents from and against any damages, losses, or expenses, including without limitation reasonable legal and accounting fees, resulting from any User Content or other material you provide to us, your use of any Mommy Jobs Online content, or your breach or alleged breach of these Terms. If Mommy Jobs Online wants you to defend it in any such action, we shall provide prompt notice to you of any related claim or demand.
Term and Termination
35. These Terms will remain in full force and effect while you are a User of Mommy Jobs Online at any level. Mommy Jobs Online reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from Mommy Jobs Online and immediate termination of your registration or ability to access Mommy Jobs Online, any other Mommy Jobs Online Sites, and/or any other services provided by Mommy Jobs Online, upon any breach by you of these Terms or if Mommy Jobs Online is unable to verify or authenticate any information you submit to Mommy Jobs Online or pursuant to other Mommy Jobs Online Site registration. Even after you are no longer a User of Mommy Jobs Online, certain provisions of these Terms will remain in effect.
These Terms constitute a binding agreement between you and Mommy Jobs Online and is accepted by you upon your use of Mommy Jobs Online.