Last Updated: October 24, 2019
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information.
3. Add-On Services; Payment.
b. Payment Authorization. You agree to pay to NEOGOV any fees for each Add-On Service you purchase in accordance with the pricing and payment terms presented to you for that Add-On Service. All Add-On Service fees are in U.S. dollars and are non-refundable. If NEOGOV changes the fees for all or part of the Services, including by adding fees or charges, NEOGOV will provide you notice of those changes. If you do not accept the changes, NEOGOV may discontinue providing the applicable part of the Services to you.
c. Payment Methods.
ii. Alternate Payment. In lieu of purchasing Add-On Services via Debit or Credit card, NEOGOV may provide you the option to receive a bill or invoice for payment by alternate means. NEOGOV may align a billing or invoice term with one of your other active Services. Should you elect to receive a bill or invoice for Add-On Service payments, Add-On Service Fees are due net thirty (30) from receipt of NEOGOV bill or invoice.
d. Add-On Service Subscriptions. The Add-On Services may include features that allow for automatically recurring payments for periodic charges (“Add-On Subscription”). Unless otherwise agreed by NEOGOV, Add-On Subscriptions will be billed in advance on an annual recurring, periodic basis. NEOGOV may also provide pro-rated pricing terms and align Add-On Subscription invoice or billing with SaaS Subscriptions. If you decide to activate an Add-On Subscription, you authorize NEOGOV to periodically charge, on a going-forward basis and until cancellation of the recurring payments, all accrued sums on or before the payment due date for the accrued sums. The Add-On Service Subscription Term is a continuous and non-divisible commitment for the full duration of the term regardless of any invoice schedule. The Subscription will commence upon the date you activate or use the Add-On Service. The Subscription will continue unless and until you cancel your Subscription, or we terminate it. You must cancel your Add-On Subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). NEOGOV may change the Subscription Fee for any subsequent Subscription period but will provide you notice of any increase before it applies. Unless otherwise stated in a commercial agreement we negotiated with a Customer, you may cancel an Add-On Subscription by contacting us at: firstname.lastname@example.org, email@example.com, or alternative means expressly presented to you within the Services. You may cancel auto-renewal on your Add-On Service Subscription at any time, in which case your Add-On Service Subscription will continue until the end of that billing cycle before terminating.
e. Taxes. Unless otherwise stated, you are responsible for any taxes (other than NEOGOV’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay NEOGOV for the Services without any reduction for Taxes.
Re-use of any of NEOGOV’s Service Specifications for any purpose is strictly prohibited without our prior written permission. Please direct any requests for permission to support@GovernmentJobs.com.
You must not:
b. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
c. Delete or alter any legal notices, copyright, trademark, or other proprietary rights notices from copies of materials from this site.
d. Reverse engineer, decompile, disassemble, or otherwise attempt to discover or directly access the source code or any underlying ideas or algorithms of any portions of the Services or any underlying software or component thereof.
e. Aggregate, copy, or duplicate in any manner any of the content or information available from any our Services, including expired job postings, unless authorized by us.
f. Access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
6. Trademarks. “NEOGOV,” “GovernmentJobs.com,” “CareerNow,” “Career Pages,” and certain other names or logos are our trademarks, and all related product and service names, design marks, and slogans are our trademarks or service marks, excluding the marks of our partners. You must not use such marks without our prior written permission. We also retain the rights in the designated color schemes and column names provided within the Services. The “look” and “feel” of the Services (including color combinations, button shapes, layout, design, and all other graphical elements not uploaded or implemented by Customers) are also our trademarks or copyrights.
a. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. For the unlawful use of any personally identifiable information of other users of which you may be exposed to.
e. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation
f. To impersonate or attempt to impersonate NEOGOV, a NEOGOV employee, another user, or any other person or entity.
g. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm NEOGOV or users of the Services or expose them to liability.
h. Use the communication features in a manner that adversely affects the availability of its resources to other users (e.g. excessive shouting, use of all caps, or flooding continuous posting of repetitive text).
Additionally, unless authorized by us, you agree not to:
j. Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
k. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
l. Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
m. Use any device, software, or routine that interferes with the proper working of the Services.
n. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
o. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack including via means of overloading, “flooding,” “mailbombing,” or “crashing,”.
p. Post any incomplete, false, or inaccurate résumé information or information which is not your own accurate résumé.
q. Respond to any employment opportunity for any reason other than to apply for the job.
r. Access the Services in order to build, assist, or facilitate the assembly of a competitive product or service, to build a product using similar ideas, features, functions, or graphics of the System, or to copy any ideas, features, functions, or graphics of the Services.
If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless NEOGOV has agreed with you otherwise. You may not use the Services in a way that would subject NEOGOV to those industry-specific regulations without obtaining NEOGOV”s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with NEOGOV that permits you to do so.
Your level of access is limited to ensure your access is no more than necessary to perform your legitimate tasks or assigned duties. If you believe you are being granted access that you should not have, you must immediately notify NEOGOV.
8. Security Rules of Behavior.
a. You must follow proper logon/logoff procedures. You must promptly logoff when session access is no longer needed. If a logoff function is unavailable, you must close your browser. Never leave your computer unattended while logged into the system.
b. You must report all security incidents or suspected incidents (e.g., lost passwords, improper or suspicious acts) related to NEOGOV Services to NEOGOV.
c. You must not establish any unauthorized interfaces between systems, networks, and applications owned by NEOGOV.
d. Your access to Services and networks owned by NEOGOV may be governed by the Privacy Act, 5 U.S.C. 552a, if the applicable NEOGOV system maintains individual Privacy Act information. Your access to NEOGOV systems constitutes your consent to the retrieval and disclosure of the information within the scope of your authorized access, subject to the Privacy Act, and applicable state and federal laws.
e. You must not process U.S. classified national security information on the Services.
f. You must ensure that Web browsers use Secure Socket Layer (SSL) version 3.0 (or higher) and Transport Layer Security (TLS) 1.0 (or higher). SSL and TLS must use a minimum of 128-bit, encryption.
g. You must ensure that your web browser is configured to warn about invalid site certificates.
h. You must ensure that web browsers warn if the user is changing between secure and non-secure mode.
i. You must ensure that your web browser window used to access Services owned by NEOGOV is closed before navigating to other sites/domains.
j. You must ensure that your web browser checks for a publisher’s certificate revocation.
k. You must ensure that your web browser checks for server certificate revocation.
l. You must ensure that web browser checks for signatures on downloaded files.
m. You must ensure that web browser empties/deletes temporary Internet files when the browser is closed.
n. You understand that any person who obtains information from a computer connected to the Internet in violation of an employer’s computer-use restrictions is in violation of the Computer Fraud and Abuse Act.
9. Monitoring and Enforcement; Termination. You agree that we may monitor the Services to (1) comply with any applicable laws, regulations, or other government requests, (2) operate the Services or to protect itself and its users and members, and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. More specifically, we have the right to:
a. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
c. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
d. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS GOVERNMENTJOBS.COM, INC. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER GOVERNMENTJOBS.COM, INC. OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the forgoing, we are not responsible for screening, policing, editing, or monitoring postings and encourages all users to use reasonable discretion and caution in evaluating or reviewing any post. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Content Standards. These Content Standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
c. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
e. Be likely to deceive any person.
f. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
g. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
h. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
i. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
j. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NEOGOV, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
a. E-Signature Provisioning & Consent. NEOGOV E-Forms and other electronically signed services (“E-Signatures”) are provided by NEOGOV for two counterparties (generally a government employer (the “sending party”) subscribing to NEOGOV Services and a Personnel or Job Seeker) to electronically sign documents. If you use E-Signatures offered by NEOGOV, you agree to the statements set forth in this Section. Whenever you sign a document using E-Signatures you affirmatively consent to using electronic signatures via the E-Signatures and consent to conducting electronic business transactions. You also confirm that you are able to access the E-Signatures and the document you are signing electronically. When using E-Signatures for a document, your consent applies only to the matter(s) covered by that particular document.
b. Right to Opt-Out of E-Signatures. You are not required to use E-Signatures or accept electronic documents provided thereby. If you are a Job Seeker or Personnel and you choose to not use E-Signatures, you may still sign the document manually by notifying the sending party that you are choosing to do so and by obtaining a non-electronic copy of the document. NEOOGV assumes no responsibility for providing you with a non-electronic version of the document. In the event you are choosing to sign the document manually, do not use E-Signatures to sign the document or to return the document to the sending party.
c. Electronic Download. If you have signed a document electronically using E-Signatures and transmitted it back to the sending party, NEOGOV provides the opportunity to download and print a paper copy of the document at no charge. If you later withdrawn your consent to using E-Signatures, please notify the sending party and stop using E-Signatures. Note that the decision to stop using E-Signatures after you have already used it does not change the legality of the documents you have previously signed using an electronic signature.
d. E-Signature Validity. PLEASE NOTE THAT NEOGOV’S STATEMENTS CONTAINED HEREIN OR ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE SIGNATURE LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED ARE FOR INFORMATIONAL PURPOSES ONLY; THEY SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. UNDER FEDERAL AND STATE LAWS GOVERNING ELECTRONIC SIGNATURES, ELECTRONIC SIGNATURES ON CERTAIN TYPES OF AGREEMENTS ARE NOT ENFORCEABLE. NEOGOV HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT DOCUMENTS ELECTRONICALLY SIGNED THROUGH E-SIGNATURE’S ARE VALID OR ENFORCEABLE UNDER THE LAWS OF THE UNITED STATES OF AMERICA, ANY PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU SHOULD CONSULT WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF ANY DOCUMENT YOU MAY SIGN ELECTRONICALLY USING NEOGOV’S E-SIGNATURE’S.
13. Text Message and Email Communications. We may offer you the opportunity to receive text message and email notifications regarding notices, reminders, status updates, support, administrative message and disclosures, or other related human resource related notices from us or our Customers. Communications through these methods may be routed through a third-party service.
SMS messages will be sent to you strictly in accordance with your preferences, and only after you have explicitly opted in. If you change your mind at any time, and no longer wish to receive SMS messages, reply to a message with the word “OPTOUT” in all capital letters. Afterwards, should you choose to begin receiving messages again, reply with the word “OPTIN” in all capital letters. Job Seekers may also control their receipt of SMS messages through their Job Seeker Account preferences, by contacting the Customer whom the text message pertains to, or by notifying NEOGOV Support.
Should you allow SMS messages sent to you by NEOGOV or NEOGOV Customers, you agree to accept such text messages on your mobile phone including messages sent by automated telephone dialing system. You certify that you are the owner of the mobile phone entered or are authorized to use this mobile phone to receive SMS.
You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. The number of messages you receive will vary depending on the number of jobs you applied to, jobs you searched for, or the number Customers you allow to contact you. You may receive a text message confirming your subscription. NEOGOV reserves the right to suspend or terminate your SMS messages for any reason, with or without notifying you.
Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. If your mobile number changes, you are responsible for informing the Customer of that change.
NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
15. Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
16. Changes to the Services. We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
18. Jobseeker Profile. Job Seekers maintain rights in the personal information that make up their Account and Job Seeker Profile. However, Job Seekers do not have ownership rights in the Account of Profile itself. If you delete your account or your account is terminated, all your Profile and Account information, including resumes, profiles, cover letters, saved jobs, and questionnaires may be marked as deleted and may be deleted from NEGOOV databases. Information may continue to be available for some period of time because of delays in propagating such deletion. We reserve the right to maintain certain data after termination where it is necessary to comply with the law. We periodically deletes inactive accounts and reserves the right to delete your account and all of your information. Deletion of your Account or Job Seeker Profile will not delete applications you previously submit to Customers through the Services.
20. Linking to the Services and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We may disable all or any social media features and any links at any time without notice in our discretion.
21. Links and Third-Party Content on the Services. If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not control these services and are not responsible for their availability, content, or any malware accessed through them. Your correspondence or any other dealings with third parties found on the Services are solely between you and such third party. Accordingly, we expressly disclaim responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Services, and you agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Services. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You are advised to read all terms and conditions of any third-party service.
The Services may include content provided by third parties, including materials provided by other users, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect NEOGOV’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
22. Additional Terms for Third-Party Services.
b. Specific Third-Party Providers.
Stripe. Some of the Services allow you to use Stripe to make payments. Your use of Stripe is subject to the applicable Stripe Terms of Service found at https://stripe.com/connect/legal.
Plivo. Some of the Services allow you to send or receive text messages through Plivo, Inc. If you are Personnel or other Customer agent using the text messages services on behalf of a Customer, you agree to use the text message services in compliance with law and agree to the Plivo Acceptable Use Policy available at https://www.plivo.com/aup/.
23. Geographic Restrictions. The owner of the Services is based in the state of California in the United States. Our Services are targeted for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States.
24. Age Restriction. You must be 13 years of age or older to visit or use the Services in any manner. If under the age of 18 or the age of majority as that is defined in your jurisdiction, you must use any Services under the supervision of a parent, legal guardian, or other responsible adult.
25. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
NEOGOV SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR OTHER CONSEQUENCES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF DELAY IN OR INABILITY TO DELIVER ANY SERVICESS DUE TO CIRCUMSTANCES OR EVENTS BEYOND NEOGOV’s REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: (A) ACTS OF GOD; (B) CHANGES IN OR IN THE INTERPRETATION OF ANY LAW, RULE, REGULATION, OR ORDINANCE; (C) STRIKES, LOCKOUTS, OR OTHER LABOR PROBLEMS; (D) TRANSPORTATION DELAYS; (E) UNAVAILABILITY OF SUPPLIES OR MATERIALS; (F) FIRE OR EXPLOSION; (G) RIOT, MILITARY ACTION, OR USURPED POWER; OR (H) ACTIONS OR FAILURES TO ACT ON THE PART OF A GOVERNMENTAL AUTHORITY.
NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SERVICES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEOGOV NOR ANY PERSON ASSOCIATED WITH NEOGOV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER NEOGOV NOR ANYONE ASSOCIATED WITH NEOGOV REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEOGOV HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You acknowledge that NEOGOV exercises no control over Customer human resource practices implemented using the Service or decisions as to employment, promotion, termination, or compensation of any Job Seeker or Personnel. You further agree and acknowledge that Customers are responsible for all contact and questions regarding the hiring process. In addition, Customers are responsible for the privacy, collection, use, retention and processing of Customer owned data, and providing any and all notices regarding the foregoing, in compliance with all applicable laws.
26. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOGOV, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER’S USE OR, OR INABILITY TO USE, THE SERVICES, UNDER ANY CIRCUMSTANCE, CAUSE OF ACTION OR THEORY OF LIABILITY, OR DUE TO ANY EVENT WHATSOEVER, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, LOSS OF DATA, EVEN IF FORESEEABLE OR NEOGOV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF NEOGOV’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF NEOGOV, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
32. Your Comments and Concerns.
This website is operated by Governmentjobs.com, Inc. with offices at 300 Continental Blvd., Suite 565, El Segundo, CA 90245.
For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please contact using the following:
If you are a Job Seeker, please contact: support@GovernmentJobs.com
If you are a Customer (an organization), please contact: customersupport@GovernmentJobs.com