Last Modified: February 16th, 2019

1. Introduction. These Terms of Use are entered into by and between you and Governmentjobs.com, Inc. (referred to as “NEOGOV”, “Company”, “we”, or “us”). “You” are defined as one of the following definitions of which explain the different relationships that arise when users access our Services.

Personnel: You are a NEOGOV Customer's employee or contractor with access to one or more of our Services for posting job solicitations, recruitment, hiring, employee onboarding, performance, training, or other applicable human resource services.

Job Seeker: You hold a Job Seeker account with one or more of our Services for the purpose of receiving and responding to job solicitations.

Visitor: You are just visiting one of our Services.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your use of Services, including any content or functionality offered on or through websites under our control (whether partial or otherwise) and of which are owned and operated by us including (neogov.com, governmentjobs.com, websites with a NEOGOV resource domain, and the website(s) from which these Terms of Use were accessed from) (collectively the “Web Services”), whether as a Visitor, Job Seeker or Personnel.

If you are a paying Customer that holds a separately negotiated and active commercial contract with us that directly conflicts with these Terms of Use, the terms and conditions within such commercial contract shall control to the extent of the conflict.

Please read the Terms of Use carefully before you start to use the Web Services.

2. Provision of Web Services. By using the Web Services, executing a document that references them, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Web Services. Also, by agreeing to this Terms of Use you waive, to the extent permitted under applicable law, any rights or legal requirements that require an original (non-electronic) signature or the delivery or retention of non-electronic records in order for a contract to be legally binding. You represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Web Services.

3. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Web Services thereafter. Your continued use of the Web Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

4. Accessing the Web Services and Account Security. We reserve the right to withdraw or amend the Web Services, and any service or material we provide on the Web Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Web Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Web Services, or the entire Web Services, to Visitors, Job Seekers, or Authorized Users. You are responsible for ensuring that all persons who access the Web Services through your account are aware of these Terms of Use and comply with them.

To access the Web Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Web Services that all the information you provide on the Web Services is correct, current, and complete. You agree that all information you provide to register with the Web Services or otherwise, including but not limited to through the use of any interactive features on the Web Services, is governed by the NEOGOV Privacy Policy https://www.neogov.com/privacy-policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Terms not defined herein shall retain their meaning as set forth in the NEOGOV Privacy Policy.

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 Web Services or portions of it using your user name, password, or other security information. You agree to (i) notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, investigate such breach or such potential breach, (ii) assist us using commercially reasonable efforts in maintaining confidentiality, and (iii) assist us as reasonably necessary to enforce our rights and to enable us to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

5. Intellectual Property Rights. The Web Services and its entire contents, features, and functionality (including but not limited to all information, software, Service Specifications, text, displays, images, video, and audio, and the design, selection, and arrangement thereof)(the “NEOGOV Content”) are owned by NEOGOV and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Web Services for your personal, non-commercial use only, and in the case of Customers, for internal business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, license, transfer, sell or transmit any of the material on our Web Services. You are granted a revocable, non-exclusive, non-assignable, and non-transferable license to access use the Web Services. Nothing in these Terms of Use shall be construed as granting to you a license to NEOGOV Content under any copyright, trademark, patent, or other intellectual property right except as expressly set forth herein.

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:

a. Modify copies of any materials from the Web Services or modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Web Services except as expressly permitted by this Terms of Use.

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 Web 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 Web Services, including expired job postings, unless authorized by us.

f. Access or use for any commercial purposes any part of the Web Services or any services or materials available through the Web Services.

No right, title, or interest in or to the Web Services or any content on the Web Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Web Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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 Web Services. The “look” and “feel” of the Web 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.

7. Prohibited Uses. You may use the Web Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Web Services:

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.

d. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

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 Web Services, or which, as determined by us, may harm NEOGOV or users of the Web 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).

i. Additionally, unless authorized by us, you agree not to:

j. Use the Web Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Web Services, including their ability to engage in real time activities through the Web Services.

k. Use any robot, spider, or other automatic device, process, or means to access the Web Services for any purpose, including monitoring or copying any of the material on the Web Services.

l. Use any manual process to monitor or copy any of the material on the Web 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 Web Services.

n. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

o. Attack the Web 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 Web 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 Web Services to NEOGOV.

c. You must not establish any unauthorized interfaces between systems, networks, and applications owned by NEOGOV.

d. Your access to Web 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 Web 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 Web Services to (1) comply with any applicable laws, regulations, or other government requests, (2) operate the Web 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.

b. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, if we believe that such information could create liability for us, damage our brand or public image, or cause us to lose users or (in whole or in part), the services of our ISPs or other suppliers, if we believe the User Contribution is abusive, disruptive, offensive, illegal, violates the rights of, or harms or threatens the safety of users or public, infringes any intellectual property right, or violates the law.

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 Web Services.

e. Terminate or suspend your access to all or part of the Web Services for any or no reason, including without limitation, any violation of these Terms of Use.

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 Web 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 Web 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.

d. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

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.
In addition, you shall be solely responsible for the legality, accuracy and completeness of all records, data, and information provided, submitted, or uploaded by you in connection with this Terms of Use or use of the Web Services.

11. User Contributions. The Web Services may contain message boards, forums, bulletin boards, and job boards, (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) materials or content, including feedback (collectively, “User Contributions”) on or through the Web Services. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. You represent that you have all necessary rights to make a post, and you also acknowledge that we have no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. By providing any User Contribution on the Web Services, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Services, we do not become a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a posting. Moreover, we assume no responsibility for the deletion of or failure to store any posting and recommends that you do not post, display, or transmit any confidential or sensitive information.

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 Web Services.

12. E-Signatures.

a. E-Signature Provisioning & Consent. NEOGOV E-Forms and other electronically signed services (“E-Signatures”) are provided by NEOGOV for two counter-parties (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 Communications. NEOGOV may offer Job Seekers and Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other related human resource related notices. In such an event you will enter your phone number on a NEOGOV consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept text messages at the number. You agree to accept such text messages on your cell phone including messages sent by automated telephone dialing system. 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. To unsubscribe at any time, reply to the text with STOP, or you may either contact the Customer whom the text messages pertain to or NEOGOV Support. 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.

14. Copyright Infringement. If you believe that any User Contributions violate your copyright, please notify support as specified in this Terms of Use. It is the policy of NEOGOV to terminate the user accounts of repeat infringers.

15. Reliance on Information Posted. The information presented on or through the Web 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 Web Services, or by anyone who may be informed of any of its contents.

16. Changes to the Web Services. We may update the content on the Web Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Web Services may be out of date at any given time, and we are under no obligation to update such material.

17. Information About You and Your Visits to the Web Services. All information we collect on the Web Services is subject to our Privacy Policy https://www.neogov.com/privacy-policy. By using the Web Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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.

19. Relay of Content. NEOGOV relays content including but not limited to resumes, cover letters, applications, messages, questionnaire answers, responses, offer letters and other materials. You acknowledge that you are asking NEOGOV to send this content on your behalf. We process, monitor, review, store and analyze such content, for data analysis, security, quality control, enforcement of the Terms of Use, content moderation, and to improve the Web Services. As a result, or due to technical malfunction, in certain circumstances such content may be delayed or may not be delivered to the intended recipient. NEOGOV may notify you in such an event. By using the Services, you acknowledge that this activity is necessary for maintaining the quality and provisioning of the Services.

20. Linking to the Web 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 Web Services. If the Web 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 Web 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 Web Services. If you decide to access any of the third-party websites linked to the Web 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 Web Services may include content provided by third parties, including materials provided by other users, bloggers, and third- party licensors, syndicators, 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. Geographic Restrictions. The owner of the Web Services is based in the state of California in the United States. Our Web Services are targeted for use only by persons located in the United States. We make no claims that the Web Services or any of its content is accessible or appropriate outside of the United States.

23. Age Restriction. You must be 13 years of age or older to visit or use the Web 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.

24. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Web 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 WEB 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 WEB 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 WEB SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB SERVICES IS AT YOUR OWN RISK. THE WEB SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB 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 WEB SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER NEOGOV NOR ANYONE ASSOCIATED WITH NEOGOV REPRESENTS OR WARRANTS THAT THE WEB SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB 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 WEB SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB 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.

25. 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, 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.

26. Indemnification. To the extent permitted by law, You agree to defend, indemnify, and hold harmless NEOGOV, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Web Services, including, but not limited to, your User Contributions, any use of the Web Services’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Web Services.

27. Governing Law and Jurisdiction. All matters relating to the Web Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Web Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

28. Arbitration. At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Web Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

29. Waiver and Severability. No waiver by NEOGOV of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NEOGOV to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

30. Entire Agreement and Assignment. Unless otherwise stipulated, the Terms of Use, Privacy Policy, and documents incorporated herein constitute the sole and entire agreement between you and Governmentjobns.com, Inc. regarding the Web Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Web Services. You may not assign any part of this Terms of Use without NEOGOV’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

31. Your Comments and Concerns.

This website is operated by Governmentjobs.com, Inc. (dba "NEOGOV") 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