Diversity First, Inc.
- Terms Of Service
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:
incorporated herein are for information purposes only and are not
intended to, and will not affect any legal interpretation of the terms
"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
First" means Diversity First, Inc. and shall include its members,
officers, employees, agents, representatives, and assigns.
means: Information, communication, software, photos, video, graphics,
music, sounds, and other materials collectively.
Name" means: A name used by a Subscriber that identifies a particular
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.
Terms of Service Agreement (this Agreement).
means: The Subscriber or Authorized User's ability to post either
available jobs or a resume.
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.
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.
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.
acknowledges that: Subscriber will receive (i) an Account user name,
(ii) an account password.
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.
agrees to refrain from posting any content that would be considered
vulgar or inappropriate.
rates for Diversity First's services, that are not contained in this
Agreement, are detailed in the Pricing Schedule contained within this
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.
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.
Policy: (a) Diversity First reserves the right to filter or alter,
in it's sole discretion, any content Diversity First, Inc. deems inappropriate
Content & Copyright Information:
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.
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.
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.
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.
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
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.
acknowledges that information released by the Subscriber to a third-party
on the Internet is beyond the control of Diversity
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.
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.
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
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
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
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
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
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
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
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
enforce any breach of agreement, policy, or rule, it shall not be
deemed to create a waiver of such enforcement in the future.
/ 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 .