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The parties to this Agreement are Marblejar, LLC
and the IT Professional. The "IT Professional" as used
herein is defined as the person accessing Marblejar's web site for
the purpose of submitting a resume seeking a job and/or an employment
opportunity.
Marblejar™ is a leading full service on-line placement tool providing
its clients with Qualified and Certified Information Technology Resources.
Marblejar™ offers a bricks and mortar solution to the on-line job
search.Marblejar™ offers you job orders which are qualified as immediately
available with legitimate companies.The Client companies offering
job orders on Marblejar's™ web site have been pre-screened by a Marblejar™
customer service representative (CSR).The CSR has verified that the
company has a legitimate job opening and is interested in hiring for
that position.
While Marblejar's™ model has been proven effective and successful,
the services provided by Marblejar™ do have certain limits that should
be understood. Marblejar™ does not guarantee the ability of any particular
customer to hire you or pay your salary or benefits upon hiring. Marblejar's™
sole involvement is to be an effective communicator and facilitator
between IT Professionals and Talent Seekers.
Marblejar™ does not have any authority to act for you or the Client.
Therefore, it is important that you use care throughout your dealings
with other people in the transaction taking place through the Marblejar™
web site just as you would exercise in any other commercial activity.
1. ACCEPTANCE AND AUTHORITY
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a. Acceptance
of Terms: YOU MUST CAREFULLY READ THE FOLLOWING TERMS OF USE,
AND AGREE TO THE TERMS HEREOF, BEFORE YOU ARE GIVEN ACCESS TO
THE MEMBERSHIP PORTION OF OUR WEBSITE. By clicking the "I Agree"
button below, or otherwise accessing the Membership portion
of the Marblejar™ web site, or using information posted to the
web site, you accept the terms and conditions stated in this
Agreement. If you do not accept the terms of this Agreement,
you may not access this web site or use the information contained
in this web site. If you have any questions about this Agreement,
or about accessing and using this web site, please refer to
our Help Section or feel free to contact us at support@marblejar.com.
b. Authority to Enter into
this Agreement: Only adults who can form legally binding contracts
can actively participate in the activities conducted through
this web site. By clicking the "I Agree" button below, you are
certifying that you are 18 years of age or older, are competent
to assume legally-binding obligations, and that you have the
resources available to honor those obligations that you undertake.
Notwithstanding, Marblejar™ reserves the right to refuse its
services, or otherwise the participation in activity taking
place over the Marblejar™ web site to anyone at any time and
in its sole discretion. |
2. FEES
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a. Joining
and Registering: Joining and registering for the services provided
by Marblejar™ is free. No fees are charged to you. You are free
to visit our web site and view the information contained therein,
subject only to the Terms & Conditions contained herein and
on the Home Page of the web site.
b. Fees: You may be entitled
to a promotional gift in accordance with the schedule attached
hereto regarding promotions. You will not pay any fees for use
of the Marblejar™ web site. If you fill a job order at a Marblejar
Client that posted a job opening on Marblejar's web site, the
Marblejar Client will pay a fee to Marblejar pursuant to the
agreement between Marblejar and the Client.
c. Notice of hiring: You
hereby agree to notify Marblejar™ within five business days
of the date you enter into an agreement, whether written or
oral, with a Marblejar client introduced to you hereunder. Upon
such notification, Marblejar™ shall check its database to be
sure the Client is invoiced properly for any fees associated
with such hiring. Issuance of any promotional items to you will
be subject to Marblejar's™ receipt of payment from its client
of any applicable fees. You agree to provide Marblejar™ with
all relevant information regarding such assignment including,
but not limited to: Full Time or Contract status; Salary/Rate;
duration (if relevant); and related benefits. |
3. RESUME POSTING
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a. You
agree that by submitting your resume on the Marblejar™ web site
you hereby represent that all information contained therein
is accurate and you are available to begin an assignment with
a prospective employer within two weeks of an acceptable job
offer. Marblejar™ reserves the right to reject any resume and/or
delete any resume for any reason including, but not limited
to, Marblejar's™ belief that the resume is in any way not legitimate.
b. Marblejar reserves the right to reject any information or postings that they feel is inappropriate, offensive, or unprofessional. This can include but is not limited to any postings that require working with companies that produce, develop or distribute, software or web related programs that involve nudity, pornography or other adult related activities. It is the sole discretion of the Marblejar management to determine if the posting(s) violate this clause.
c. If at any time after
you post your resume on the Marblejar™ web site you become unavailable
for an assignment, you hereby agree to notify Marblejar™ immediately
(no later than 48 hours) of such unavailability so that the
resume can be removed from the Marblejar™ web site.
d. All resumes will be automatically
deleted from Marblejar's™ web site unless you specifically notify
Marblejar™ of your continued availability on a regular basis.
You agree to update the information on your resume at a minimum
of every thirty days. |
4. SITE USE AND USE OF INFORMATION
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a. Resumes
and Job Orders: You hereby agree that you will not copy, reproduce,
distribute or otherwise take any of the or job orders from the
Marblejar™ web site and use that information other than in accordance
with the terms and conditions of this Agreement. SPECIFICALLY,
YOU AGREE NOT TO DISTRIBUTE JOB ORDERS TO ANY OTHER INDIVIDUAL
WITHOUT THE EXPRESS WRITTEN CONSENT OF MARBLEJAR™; THAT YOU
WILL NOT POST JOB ORDERS ON ANY OTHER WEB SITE; AND THAT YOU
WILL NOT REVEAL CONTACT INFORMATION OF A CANDIDATE OR CLIENT
THAT YOU HAVE GOTTEN FROM MARBLEJAR™ TO ANY OTHER INDIVIDUAL
WITHOUT THE EXPRESS WRITTEN CONSENT OF MARBLEJAR™.
b. Interference with Web
Site: You agree that you will not yourself, or allow or enable
another, to directly or indirectly interfere or attempt to interfere
with the operations of the Marblejar™ web site, the services
provided by Marblejar™ and any activity on the Marblejar™ web
site. You will not take any action that may impose an unreasonable
or disproportionately large load on our computing infrastructure.
You will not insert any material that may contain any viruses,
Trojan horses, worms, time bombs, or other software routines
that may damage, interfere with, intercept or otherwise adversely
affect the Marblejar™ computer systems. You are solely responsible
for your password used to access the Marblejar™ web site, and
you will not disclose it to anyone else or share it with any
third party or otherwise use it for any unauthorized purpose.
Marblejar™ may, from time to time and in its sole discretion,
initiate feedback information. You will not take any action
that will undermine the integrity of the feedback system, such
as falsifying information about yourself or about any other
party, using aliases or otherwise attempt to manipulate the
feedback. Other rules regarding Marblejar™ are posted at various
pages throughout the Marblejar™ web site. These rules have as
binding an effect as this Agreement and are incorporated into
this Agreement by reference and may be subject to change by
Marblejar™ without prior notice and in its sole discretion.
c. Future Assignments with
Marblejar Clients: Except pursuant to the terms hereof, you
hereby agree that you will not take an assignment with a Marblejar
clientany company to whom you were introduced or became aware
of pursuant to your admission to Marblejar's web site and/or
through information you learned as a IT Professional
of Marblejar for a period of one year from the last date you
work at the Marblejar client, or one year from introduction
to the Marblejar Client, whichever is later, without the express
written approval of Marblejar which approval will not be unreasonably
withheld. |
5. LIMITATIONS OF LIABILITY
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a. Accuracy
of Information: Marblejar™ acts only as a facilitator of the
transfer and exchange of information between you and our Clients.
Other than acting as a trusted third party and assisting in
the facilitation of the commercial activity, we are not involved
in the actual transactions between you and our Clients. Marblejar™
has no control over the accuracy, quality or legality of the
job orders that are posted on the web site, the truth or the
accuracy of the listings or the right and ability of the Client
to hire you. Additional risks arise out of dealings with foreign
nationals, underage persons or people acting under false pretense
or making deceitful representations.
b. Verification of Clients:
Although user authentication on the Internet is difficult, Marblejar™
attempts to verify the legitimacy of each job posting to the
extent possible. However, this verification process notwithstanding,
Marblejar™ cannot and does not confirm that each user who accesses
its web site is who they claim to be. We will attempt to facilitate
the communication directly between you and our Client to help
you evaluate with whom you are dealing. You should conduct yourself
accordingly and exercise reasonable, safe business practices
as you would in any other commercial activity.
c. Privacy Policy: Marblejar™
cannot and does not control information that other users make
available through the Marblejar™ web site. Even though prohibited
by this Agreement and by Marblejar's™ general policies, people
may nevertheless provide information that is false, harmful
or deceptive. Marblejar™ has a Privacy Policy that covers its
use of your information that is incorporated herein by reference
and the terms of which you acknowledge that you have read and
accept and agree to abide by such terms. This policy may change
in the future and the then-current policy shall govern at any
given point in time. Please check this policy from time to time
for possible changes that may have been made. You are solely
responsible for any information that you provide to us or to
any other person during and in the course of any activity conducted
with regard to and through the Marblejar™ web site and the services
provided therein. We may take any action with respect to such
information we deem necessary or appropriate in our sole discretion
in order to avoid potential liability, losses or disruption
to our services. You hereby grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free license to exercise any
right you have in such information, including copyrights and
publicity rights in any media now known or not currently known,
in accordance with the Marblejar™ Privacy Policy and to further
the goals contemplated by this Agreement.
d. No Warranties: You agree
that use of Marblejar's™ services is at your sole risk and that
the services are provided on an "as is" and an "as available"
basis. Marblejar™ expressly disclaims all warranties of any
kind, express or implied, including, but without limitation,
any implied warranty of merchantability, fitness for a particular
purpose and non-infringement. Marblejar™ makes no warranty that
the services will meet your requirements, that they will be
uninterrupted, timely, secure or error free. Nor does Marblejar™
make any warranty as to the results that may be obtained from
the use of the services or as to the accuracy or reliability
of any information obtained from the Marblejar™ web site. You
understand and agree that any material and/or data downloaded
from the Marblejar™ web site or any services obtained through
the services provided by Marblejar™ is done at your sole discretion
and risk and that you will be solely responsible for any damage
resulting from any such download or use of such information
or other related transaction. No advice or information that
you may obtain from Marblejar™ or through the services provided
by Marblejar™ shall create any warranty not expressly stated
therein.
e. Disputes between Candidates
and Clients: In the event that you have a dispute with any other
user, you hereby agree to release Marblejar™, and its agents,
officers, directors and employees from any and all claims, demands
and damages (actual or consequential) of every kind and nature,
disclosed or undisclosed, arising out of or in connection with
any such dispute ("Claim or Demand"). You agree to indemnify
and hold Marblejar™ (including, its officers, directors, employees,
agents and representatives) harmless from any such Claim or
Demand, including, without limitation, any claim or demand that
may arise from or in connection with, your failure to abide
by the terms and conditions of this Agreement. If you are a
California resident, you hereby expressly agree to waive California
Civil Code Section 1542, which says in part that: "A general
release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing
the release, which if known by him might have materially affected
his settlement with the debtor."
f. Absolute Limitation:
IN NO EVENT SHALL Marblejar™ BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING
FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY
Marblejar™ OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
OR RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED
OR TRANSACTIONS ENTERED INTO THROUGH OR ARISING FROM OR IN CONNECTION
WITH THE SERVICES PROVIDED BY Marblejar™ OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLES, EVEN IF Marblejar™ HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. |
6.BREACH AND TERMINATION
You agree that Marblejar™ may, in its sole discretion, terminate this
Agreement, or any commercial activity or other use of the services
provided by Marblejar™ under this Agreement and through the Marblejar™
web site immediately and without any further notice for any reason
or if Marblejar™ is of the opinion that you have acted inconsistently
with the obligations or the spirit of this Agreement or of other Marblejar™
policies; or if Marblejar™ is of the opinion that you have infringed
upon or tried to infringe upon the proprietary rights of others; if
any information that you have provided Marblejar™ is found to be false
or that we have been unable to authenticate or verify the veracity
of such information.
7. GENERAL PROVISIONS
You agree to comply with all applicable laws, statutes, ordinances,
and regulations regarding your use of the Marblejar™ web site, the
services provided therein, and the participation in any active commercial
activity conducted in or through the Marblejar™ web site. Other than
as exclusively stated in this Agreement, there is no agency, partnership,
joint venture, employer, employee, franchiser or other legal relationship
between Marblejar™ and you. Unless explicitly stated otherwise, any
notices shall be given by email to the email address you provided
to Marblejar™ during the registration process. Alternatively, we may
give you notice by certified mail, postage prepaid, to the address
provide. You may not assign, transfer, resell or sublicense your rights
or obligations under the terms and conditions of this Agreement.
The Marblejar™ web site may contain links to and from other web sites
on the Internet that are owned and operated by other parties. You
agree and acknowledge that Marblejar™ is not responsible for the availability
of, or the content located on or obtained through any such other Internet
web sites. If you have any concerns regarding such links or the content
located on such other web sites, you should contact the webmaster
or site administrator for those respective web sites. Marblejar™ does
not verify the accuracy of the information and content provided for
in such third-party web sites, and providing such information or links
cannot and should not be construed as support, backing, or other endorsement
by Marblejar™ of such site and/or information.
Marblejar's™ tradename, logo, trademark, software, databases, reports,
web site and information are proprietary, and Marblejar™ retains all
rights, title and interest therein. By becoming a member or subscriber
to the services provided by Marblejar™ you do not acquire any rights
or licenses over such or over Marblejar's™ assets, rights or licenses,
other than as what is explicitly granted to you under this paragraph.
You may not use the information contained in, or through the services
provided by, the Marblejar™ web site other than for the explicit purposes
contemplated by this Agreement. You may not transfer, or otherwise
provide access to, such information to any unauthorized third party,
and you may not use such information other than for the specific purposes
described in this Agreement. You may not reverse engineer any aspect
of the Marblejar™ web site nor may you hire any individual or association
to do the same. The business processes set forth and contained in
the Marblejar™ web site are the subject of a Patent currently filed
with and pending before the United States Patent and Trademark Office.
In the event it shall become necessary for Marblejar™ to retain counsel
and/or to bring suit to enforce any provision of this Agreement, you
hereby agree to pay, in addition any sum which may be adjudged as
damages by the Court, reasonable sums for court costs and attorney's
fees. The parties further agree that Pennsylvania law shall be applied
to any dispute arising out of this agreement and that Pennsylvania
courts shall have exclusive jurisdiction to settle any such disputes.
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