Diversity First, Inc. - Terms Of Service

Diversity First, Inc. is committed to offering the best service possible.

WITNESSETH: That for the considerations and covenants hereinafter specified below, the parties do for themselves, their successors, and assigns mutually agree:

All headings incorporated herein are for information purposes only and are not intended to, and will not affect any legal interpretation of the terms herein.

1. Definitions: "Account-Password" means: A user selected password that provides the Subscriber access to the job posting or resume posting areas.

"Authorized User" means: A person who the Subscriber has authorized to use the system under the direct supervision of the Subscriber.

"Diversity First" means Diversity First, Inc. and shall include its members, officers, employees, agents, representatives, and assigns.

"Content" means: Information, communication, software, photos, video, graphics, music, sounds, and other materials collectively.

"E-mail Name" means: A name used by a Subscriber that identifies a particular Subscriber.

"Company Name" A company represented by a Subscriber.

"Subscriber" means: the person or entity who is bound by this Agreement and meets all qualification of the terms and conditions of this Agreement.

"TOS" means Terms of Service Agreement (this Agreement).

"User Ability" means: The Subscriber or Authorized User's ability to post either available jobs or a resume.

2. General Provisions:

(a) Diversity First, Inc. provides Internet Job and Resume posting services to Subscriber's, which term includes any Authorized User, subject to the terms and conditions of this Agreement which comprises the entire agreement between Diversity First and Subscriber, superseding any prior oral or written agreements. Additionally, Subscriber acknowledges and understands that additional terms and conditions may be imposed on Subscriber in other areas of service, third-party content, or database content.

(b) Diversity First, Inc. may change the terms and conditions of this Agreement at any time. Such change shall take effect thirty (30) days after the notice is to be posted on the DiversityFirstJobs.com webpage, and shall include the effective date. Subscriber agrees to review Diversity First's TOS periodically. In the event Subscriber does not agree with any change of TOS, Subscriber may discontinue the User Ability provided by this Agreement. Continued use of Diversity First's services beyond the effective date of any change of TOS constitutes acceptance of the all terms and conditions of the modified TOS.

3. Subscriber Obligation:

(a) Subscriber certifies that he/she is at least eighteen (18) years of age; and that all verbal or on-line registration information provided Diversity First is accurate, complete, and current.

(b) Subscriber acknowledges that: Subscriber will receive (i) an Account user name, (ii) an account password.

(c) Subscriber's are authorized to access Diversity First, Inc.'s Internet sites in an individual capacity, and may not permit another individual or entity to use the Subscriber's password for posting jobs or resumes.

(d) Subscriber agrees to refrain from posting any content that would be considered vulgar or inappropriate.

(e) Billing rates for Diversity First's services, that are not contained in this Agreement, are detailed in the Pricing Schedule contained within this website.

(f) Charges for services are due in advance for the period billed. Subscriber's billed on credit cards (cards which are acceptable to Diversity First) will also be billed in advance for the period billed.

(g) Accounts that have past due balances, which are balances owing ten (10) days or more past the due date, are subject to an interruption in service and removal of any job postings, without further notice. Additionally, past due amounts owing that are greater than thirty (30) days are subject to interest charges of 1.5% per month until paid. In the event a Subscriber issues a bad check or if a credit card is denied, the Subscriber agrees to pay Diversity First a service charge of $15.00. In the event of the need to pursue collection of an account in a court of law, it is agreed that venue will be in Bexar County, Texas.

(h) Any Employer, Staffing Agency or Third Party HR group posting positions on any of Diversity First, Inc's sites acknowledges our "One Job Title - One Posting" rule. Failure to abide by this policy by posting multiple position openings on a single job posting will result in cancellation of the posting and forfeiture of all posting fees paid. Diversity First, Inc. will give violators 24 hours to correct the listing or it will be removed from the database.

4. Filtering Policy: (a) Diversity First reserves the right to filter or alter, in it's sole discretion, any content Diversity First, Inc. deems inappropriate for viewing.

5. Internet Content & Copyright Information:

(a) Subscriber acknowledges that: Diversity First does not own the Internet and is not a content provider, and that all Content on the Internet is supplied by others, which Content is wholly beyond the control of Diverstiy First; Subscriber shall use Diversity First's service at their own risk; and Subscriber is solely and entirely liable for all activities of Subscriber, including any Authorized User on the Account.

(b) Subscriber acknowledges that: Content downloaded may contain viruses or other programs designed to harm, interrupt, or compromise programs or files on Subscriber's computer(s). Subscriber agrees to employ current and updated virus-checking software, and to have a verified back-up of programs and files necessary to properly and accurately recover from a virus or other loss of data.

6. Subscriber Conduct; Certain Acts Prohibited: Subscriber agrees that the following acts of Subscriber or any Authorized User are prohibited and that Subscriber shall not: post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially or ethnically offensive, or otherwise objectionable Content; harass, threaten, embarrass, cause distress, unwanted attention, or discomfort upon another Subscriber or user of the services provided by Diversity First; post, transmit, promote, link, or facilitate the distribution of sexually explicit or other Content which is deemed by Diversity First to be inappropriate or offensive; disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other users of the Internet; impersonate any person or entity, including but not limited to a Diversity First employee, a forum leader, guide or host, or communicate under a false name or a name that the Subscriber is not entitled or authorized to use, or impersonate a minor; post or transmit a chain letter or pyramid scheme; post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to any user of the Internet, except in those areas that are expressly designated for such a purpose; collect or harvest eMail names of other users of the service without permission; "spamming" which can be described as the use of (and/or appearing to use) the service for sending unwanted and unsolicited electronic eMail messages; or transmit any communication or solicitation designed or intended to obtain any password, account, or private financial information from any user of the Internet; access, attempt to access, or tampering with Diversity First's servers and equipment in any unauthorized manner; violate any law, provision, operating rule, policy, or guideline of Diversity First, or any other interactive service; or violate any applicable local, state, national, international, or foreign law, or rules or regulations having the force of law.

FBI WARNING: Computer and Internet crimes are investigated by the FBI utilizing many criminal statutes under the FBI's jurisdiction. The Computer Fraud and Abuse statute was amended during the prior Congress and is a comprehensive tool to address computer crimes. Internet crimes conducted to defraud consumers are addressed within myriad statutes including Fraud by Wire, Mail Fraud, Interstate Transportation of Stolen Property, and Money Laundering to name only a few. Other computer related crimes involving Intellectual Property including Hacking, Destruction of Property, Industrial Espionage, Economic Espionage, and Copyright Infringements are also investigated. Convictions of federal computer and Internet crimes can involve fines of up to $1,000,000.00 and imprisonment of up to 20 years.

7. Subscriber Information:

(a) Diversity First, to the best of it's ability, has taken measures to prohibit unauthorized access to Subscriber account information, including Subscriber's name, address, telephone numbers, e-mail addresses, eMail messages, billing information, credit information, passwords, and credit card numbers.

Diversity First will not release this information to any third-party, except at the Subscriber's direction, or as required by law, court order, subpoena, or criminal investigation by a law enforcement agency. Diversity First does not represent that its efforts cannot be defeated or circumvented.

(b) Subscriber acknowledges that information released by the Subscriber to a third-party on the Internet is beyond the control of Diversity First.

Subscriber understands that disclosure of information (i.e. eMail address, telephone number, address, place of work, and other personal information) to any third-party should be done with caution. Subscriber and any Authorized User shall not at any time disclose any Account-Password to any third-party, or verbally to Diversity First, Inc., its employees, agents, representatives, or assigns.

8. Collection of Information Diversity First, Inc. does not retain information, except under special circumstances, on chat rooms, oral on-line communication, or records with whom the Subscriber communicated with in chat rooms.

9. DIVERSITY FIRST'S LIABILITY; DISCLAIMER OF WARRANTY; AND INDEMNIFICATION: DIVERSITY FIRST MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION AS TO DIVERSITY FIRST'S SERVICE, SOFTWARE, INTERNET, OR THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SUBSCRIBER ACKNOWLEDGES AND AGREES: THAT DIVERSITY FIRST DOES NOT OWN THE INTERNET, IS NOT A CONTENT PROVIDER, DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT, CONTENT, OR SERVICE OFFERED THROUGH THE INTERNET, AND SUCH CONTENT, PRODUCT, AND SERVICE IS WHOLLY BEYOND THE CONTROL OF DIVERSITY FIRST; DIVERSITY FIRST PROVIDES ITS SERVICE TO THE INTERNET ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR SUBSCRIBER'S PERSONAL OR BUSINESS USE. DIVERSITY FIRST MAKES NO REPRESENTATIONS THAT INTERNET ACCESS WILL AT ALL TIMES BE AVAILABLE; THAT SUBSCRIBER ASSUMES ALL RISKS OF LOSS OR DAMAGE; THAT ANY AFFIRMATION OF FACT OR PROMISE MADE BY DIVERSITY FIRST SHALL NOT BE DEEMED TO CREATE ANY EXPRESS OR IMPLIED WARRANTY; SUBSCRIBER IS NOT RELYING ON DIVERSITY FIRST'S SKILL OR JUDGMENT IN SELECTING ANY PARTICULAR SERVICE SUITABLE FOR ANY PURPOSE; AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE ON THE FACE OF THIS AGREEMENT. HOWEVER, SUBSCRIBER UNDERSTANDS AND AGREES THAT IN THE EVENT DIVERSITY FIRST SHOULD BE FOUND LIABLE FOR LOSS OR DAMAGE DUE FROM DIVERSITY FIRST'S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED WITHIN THIS AGREEMENT IN ANY RESPECT WHATSOEVER, DIVERSITY FIRST'S LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO TEN (10%) PERCENT OF THE SERVICE CHARGE OR TWO HUNDRED FIFTY ($250.00) DOLLARS, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES, NOT AS A PENALTY; AND THIS REMEDY SHALL BE EXCLUSIVE, IRRESPECTIVE OF CAUSE OR ORIGIN FOR ANY DAMAGE, DIRECT OR INDIRECT TO PERSONS OR PROPERTY, FROM PERFORMANCE OR NONPERFORMANCE OF THE OBLIGATIONS IMPOSED BY THIS AGREEMENT. IN THE EVENT ANY THIRD-PARTY TO THIS AGREEMENT MAKES ANY CLAIM OR FILES ANY ACTION AGAINST DIVERSITY FIRST, INC., SUB-SCRIBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS DIVERSITY FIRST FROM ANY AND ALL SUCH CLAIMS AND ACTIONS AND SHALL PAY ALL COSTS OF SUCH CLAIM OR ACTION, INCLUDING BUT NOT LIMITED TO ALL DAMAGES, EXPENSES, COSTS, AND ATTORNEYS FEES. SUBSCRIBER ADDITIONALLY AGREES TO WAIVE RIGHT OF SUBROGATION, AND AGREES NOT TO PARTICIPATE WITH SUBSCRIBER'S INSURANCE COMPANY IN ANY ACTION AGAINST DIVERSITY FIRST.

10. Service Termination:

(a) Either party may terminate the service under this Agreement by giving the other party thirty (30) day advance written notice by way of eMail. Subscriber understands and agrees that termination of service is Subscriber's sole remedy with respect to any service dissatisfaction with Diverstiy First, Inc.

(b) Notwithstanding paragraph (a) of this section, Diverstiy First may, without liability, terminate service without further notice in the event Subscriber violates any of the terms or conditions contained herein, and Diverstiy First, Inc. shall not be obligated to refund to Subscriber any unearned portion of prepaid fees.

11. Determination, Venue, and Non-Waiver: Any judicial or other determination nullifying or declaring unenforceable any clause or condition herein shall not affect the remainder of this Agreement, which shall remain in full force and effect. This Agreement is performable in San Antonio, Bexar County, Texas, and venue involving any action in this Agreement shall be performed in Bexar County, Texas. In the event Diverstiy First fails to enforce any breach of agreement, policy, or rule, it shall not be deemed to create a waiver of such enforcement in the future.

12. Privacy / Security: Diverstiy First reserves the right to correct system errors using means, including but not limited, to examining logs and other records, accessing an account mailbox, or other various means necessary to ensure proper functioning of systems. Diverstiy First does not guarantee the security of any eMail or other data on the system including that transmitted using secure servers. Diverstiy First assumes no liability for the loss of private or confidential information or material. Subscriber's should be aware that no computer system/network is safe from system failures or intrusions by unauthorized parties, and therefore no sensitive material should be passed through or stored in the network. Diverstiy First will endeavor to provide the latest security measures .

Last updated 06/3/2002