TERMS OF USE AGREEMENT
757JobsNow.com

Please Carefully Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on November 1, 2007.

This Terms of Use Agreement (hereinafter the "Agreement") sets forth the standards of use of the Jobs Now LLC d/b/a 757JobsNow.com Online Service, including the 757JobsNow.com website and all services appurtenant thereto. Said Agreement incorporates herein by reference the 757JobsNow.com Privacy Statement located on this site. By using the 757JobsNow.com website you (hereinafter "User" or "you") agree to these terms and conditions. As used herein, the term "User" or "you" includes not only natural persons but also all corporate and other business entities for whom or on whose behalf an individual is accessing this site and/or registering for services on this site. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website.

1. Eligibility.
You must be 18 years of age or older to visit or use 757JobsNow.com in any manner whatsoever. By visiting 757JobsNow.com or using the services of 757JobsNow.com, you represent and warrant to 757JobsNow.com that you are 18 years of age or older and that you have the right, authority and capacity to agree to and abide by this Agreement. You further represent and warrant that you will use 757JobsNow.com in a manner consistent with any and all applicable laws and regulations.

2. Modifications and Amendments.
757JobsNow.com reserves the right, at any time, to amend, modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the 757JobsNow.com website. Your continued use of the 757JobsNow.com website and any services appurtenant thereto after amendments or modifications are posted constitutes an acknowledgment and acceptance of the Agreement as modified and/or amended. Except as provided in this paragraph, this Agreement may not be modified or amended.

3. Description of Service.
757JobsNow.com is providing User with access to the 757JobsNow.com website for purposes of advertising, viewing and applying for jobs in Hampton Roads, Virginia, creating a jobseeker, employer or recruiter profile, posting resumes and viewing resumes (hereinafter the "Service"). The job opportunities/advertisements, resumes and profiles on this site are created and listed by third-parties who sign up as a jobseeker or employer/recruiter (hereinafter "Users"). 757JobsNow.com is not a recruiter or job placement service and is not affiliated with any entities performing such services.

4. Interruption and Modification of Service
In the event that the Service is interrupted for a continuous period in excess of one-hundred twenty (120) hours, Users who have advertised job openings on the 757JobsNow.com site shall be entitled to a pro-rata refund of paid job posting or subscription plans to the extent that such plans did not expire or were not used in full before the interruption of Service. The pro-rata refund shall be calculated on a per diem basis and shall include only the days not yet used under the particular job posting or subscription plan. As used herein the term "interrupted" means that the Service is wholly unavailable for its intended purposed to all Users.

757JobsNow.com reserves the right to modify or discontinue the Service with or without notice to the User. Except as expressly set forth herein, 757JobsNow.com shall not be liable to User or any other party should 757JobsNow.com exercise its right to modify or discontinue the Service. User acknowledges and accepts that 757JobsNow.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Except as expressly provided herein, 757JobsNow.com shall have no liability whatsoever to a User for interruptions in Service regardless of the cause.

5. User Content and Communications
757JobsNow.com utilizes an automated mechanism designed to screen for certain profanity and other offensive words. Other than that mechanism, 757JobsNow.com does not screen or sensor job advertisements, resumes, profiles or any other content posted by Users on 757JobsNow.com. 757JobsNow.com is not a party to or otherwise involved in any transactions between Users on this site, i.e. transactions between employers/recruiters and candidates. As such, 757JobsNow.com makes no representations or warranties as to the truthfulness, accuracy, completeness, timeliness or legality of any job opportunities, advertisements, resumes, profiles or any other content posted by Users on this site. The use of the Services and the 757JobsNow.com site is at your own risk.

757JobsNow.com cannot and does not confirm that all Users are who they claim to be. 757JobsNow.com is also not a party to the communications between Users regarding job opportunities, resumes or any other matters. Therefore, 757JobsNow.com makes no representations or warranties as to the truthfulness, accuracy, completeness or legality of any representations of any Users made at any time, and disclaims all liability of any kind associated with or arising from communications and dealings between Users. 757JobsNow.com is also not responsible for any employment decisions made by any Users of this site, regardless of the reason for such decision. As with any other business, person-to-person, or potential employment transactions, 757JobsNow.com anticipates that you will use caution and common sense when visiting and using 757JobsNow.com and communicating with other Users. You agree to assume all risks of any kind associated with communications and interactions with other Users. You further agree that in the event a dispute arises between you and any other User, you hereby release 757JobsNow.com and its agents, employees, officers, directors, and shareholders from all known and unknown claims, demands, liabilities, and damages of every kind and nature whatsoever, including actual, consequential, special, direct, and indirect damages arising from or related in any way to such disputes.

757JobsNow.com includes a function that allows registered jobseekers to hide certain information in their resume/profile from persons who register as an employer/recruiter. The feature requires that a jobseeker check a box to confirm that he/she wishes to keep the information private. If you are a jobseeker, please make sure that you make the appropriate selection when creating your profile if you want certain information about your identify kept private. While 757JobsNow.com will make reasonable efforts to ensure that the privacy/anonymity function operates properly, 757JobsNow.com cannot guarantee that your identity and other private information in your resume/profile will remain private and secure at all times. 757JobsNow.com disclaims all liability of any kind associated with the inadvertent or involuntary disclosure of any information about a User.

You are responsible for the accuracy, completeness, truthfulness and legality of all content placed on 757JobsNow.com by you. 757JobsNow.com reserves the right to modify, delete, remove or take any other action with respect to any User content that 757JobsNow.com determines, in its sole discretion, could create liability for 757JobsNow.com, damage 757JobsNow.com's brand or public image, or cause 757JobsNow.com to lose (in whole or in part) the services of its ISPs or other suppliers. Notwithstanding that reservation, 757JobsNow.com does not assume any obligation to remove content created, posted or listed by Users and disclaims any liability for failing to do so.

6. Limitation of Liability.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, 757JOBSNOW.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR 757JOBSNOW.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF 757JOBSNOW.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Disclaimer of Warranties.
The site is provided by 757JobsNow.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, 757JobsNow.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise, except as otherwise expressly set forth herein. 757JobsNow.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

8. Indemnification.
User agrees to indemnify and hold 757JobsNow.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to, arising out of or relating to (1) User's use of the Service, (2) any content that you provide to or post on 757JobsNow.com, (3) your use of an content on 757JobsNow.com, (3) the violation of this Agreement, or (4) infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

9. Third-Party Sites.
757JobsNow.com may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies and terms of use of third-parties' sites. If you chose to access any third-party sites linked on 757JobsNow.com, you do so at your own risk.
757JobsNow.com may use a third-party payment processing service (i.e. PayPal) to process payments for job posting and subscription services. You should review the terms of use, privacy policy and other critical terms of any such third-party payment processing service on that party's website. 757JobsNow.com will not be liable to User for any damages or losses incurred as a result of a breach of security or disclosure of private or financial data by any such third-party payment processing service. By electing to use the third-party payment processing service, you confirm that you release 757JobsNow.com from liability for any such losses or damages.

10. Governing Jurisdiction.
Our website is operated and provided in the Commonwealth of Virginia. As such, we are subject to the laws of the Commonwealth of Virginia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Virginia.

11. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information.
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 757JobsNow.com, with all rights reserved, or is the property of 757JobsNow.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of 757JobsNow.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of 757JobsNow.com.

All Vendor and other third-party trademarks displayed on 757JobsNow.com are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or other third-parties. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with 757JobsNow.com.

13. Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, 757JobsNow.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Craig Stanley
Jobs Now LLC d/b/a 757JobsNow.com
PO Box 64914
Virginia Beach, Virginia 23467-4914
By Telephone: 757-513-9151
By Email: Customer.Service@757JobsNow.com

14. Subscriptions
757JobsNow.com offers several subscription packages. These packages include browsing resumes and/or unlimited job postings for certain time periods. When purchasing these packages via PayPal, employers have the option of paying via credit card or logging into their PayPal account. If employers choose to pay by logging into their PayPal account, this will initiate subscription billing. Under subscription billing, Paypal will automatically re-bill the subscription when the purchased period expires. The package will renew using the same initial time period purchased (30 days, 6 months, etc.) at the current rate charged by 757JobsNow.com.

Employers may cancel their subscription at anytime by logging into their PayPal account and making the appropriate selections. The subscription will still continue on 757JobsNow.com until the most recent purchased period expires. If an employer neglects to cancel their subscription and no longer needs the services, 757JobsNow.com will reimburse the employer, minus a 10% cancellation fee. The employer must request this refund within 3 business days of the automatic renewal. No refunds will be given after 3 business days.

If paying via credit card and not logging into a PayPal account, re-billing will not occur.

15. Term and Termination.
This Agreement will remain in full force and effect while you are a User or visitor to 757JobsNow.com at any level for any purpose. In addition to all other legal and equitable remedies available, 757JobsNow.com reserves the right to terminate a User's or visitor's use of this site without notice (including removal of content posted on the site by User, termination of User's registered account and prohibiting User from accessing the site), if said User or visitor has (1) breached the terms of this Agreement, (2) violated any applicable laws or regulations while using this site, or (3) violated the rights of any third-parties while using this site. Any such terminated User will not be entitled to a refund for any paid job posting or subscription services or any other paid services. 757JobsNow.com will not be liable to any terminated User for any damages of any kind whatsoever.

16. Non-Transferable.
Your rights and obligations under this Agreement are not transferable or assignable. You agree not to attempt to resell or transfer those rights and obligations. You further agree not to make any unauthorized commercial use of 757JobsNow.com.

17. Other Terms.
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by 757JobsNow.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.