June 21, 2017

Acceptable Use Terms & Conditions

This document states the Terms and Conditions by which you may use our Services and post user-generated content (job postings).

Please read these provisions carefully. If you do not agree to the Terms and Conditions stated here, do not use the Services. By accessing the Services, you indicate and signify that you have read, understood, and agree to be bound by these Terms and Conditions, whether or not you are a registered user of our Services.

Mix Maine Media (the “Company”), the sole owner/operator of this website, may revise these Terms and Conditions at any time. You should visit this page periodically to review the Terms and Conditions. Your continued use of the Services after any change to these Terms and Conditions constitutes your acceptance of the new and revised Terms and Conditions. If you do not agree with any of the Terms and Conditions at any time, either as stated presently, or as same may be revised or amended from time to time, do not use or access (or continue to access) the Services. This agreement applies to all employers, candidates, recruiters, visitors, agents, and others who may access any of the Services.

The terms “User,” “Job Seeker,” “Job Seekers,” “Employer” and “Employers,” as used herein, refer to all individuals and/or entities accessing and using any of the Services for any reason, and any agents of any of the foregoing. The terms “Employer,” “Employers” apply to an individual, a company or an otherwise legally recognized entity which has legitimate job openings in the state in which they are posting a job, or any agent of any of the foregoing, that seeks to advertise itself and/or its legitimate job openings on any of the Services. The terms “Job Seeker,” “Job Seekers” apply to an individual(s) seeking information about companies and/or job openings which are advertised by an Employer on any of the Services.

Use of Our Service

You may use the Services only if you are at least eighteen (18) years of age and can form a binding contract with the Company, and only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Products by anyone under 18 is strictly prohibited and in violation of these Terms and Conditions.
The Products give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of users. You may never use another user’s account without permission.

Acceptable Uses by Employers

The Services may be used for lawful purposes only by Employers, recruiters and their agents to serve legitimate hiring interests by posting their job openings. Employers and recruiters may conduct the following activities on or in relation to the Services:

Post job descriptions for legitimate job openings for hire.
Accept applications and/or contact from job seekers by way of the Services’ apply online feature or via other contact information on the employer’s job posting.

Prohibited Uses by Employers

The Company specifically prohibits the use of the Services by Employers, recruiters or their agents for any or all of the following activities (collectively, “Specific Prohibited Uses”):

  • Registering as an employer on the site under false pretenses.
  • Using the Products for any activity other than promoting your company and advertising your job openings or other authorized business on the Products.
  • Registering under false names, pseudonyms, aliases or otherwise misleading company information.
  • Posting jobs where the Employer is not registered as a legal entity.
  • Posting franchise opportunities.
  • Posting pyramid schemes.
  • Posting jobs that require club membership, MLM (Multi-Level Marketing) or anything that requires recruitment of other members, sub-distributors or sub-agents.
  • Business opportunities that resemble in fact or appearance any of the preceding three descriptions.
  • Distributorship or other business opportunities which require an up-front investment or periodic payment.
  • Psychic, pornographic, dating service, escort service or other similar telephone hotline jobs.
  • Accessing the job seeker database or the resume database for purposes of solicitation of any kind beyond the intended use of normal employer – job seeker contact.
  • Posting jobs under a company name not previously disclosed during the registration process.

As with all postings to the Services, the Company reserves the right to remove any postings of any kind that do not conform to the requirements and spirit of this Acceptable Use Policy.

Job Posting Policy

Only jobs from Employers legally registered in the State of Maine may be posted on the Services. Job postings by Employers that are not legally registered in the State will be removed and the Employer will be consulted.

Job postings may contain only one job title per posting.

The Company reserves the right, but is not obligated, to reject and/or remove any content that the Company believes, in its sole and absolute discretion, violates any of the provisions of these Terms and Conditions.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its successors, assigns, subsidiaries, affiliates, related companies and their respective past and present officers, directors, managers, agents, representatives, and employees (collectively, the “Company Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms and Conditions, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights (as defined herein); (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your content or any that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

No Warranty

THE COMPANY DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PRODUCTS.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THESE SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE COMPANY PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Additional Terms & Conditions

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms and Conditions, or for non-payment. Upon termination for any reason, you continue to be bound by these Terms and Conditions.

You are solely responsible for your interactions with other users of the Services, including Job Seekers if you are an Employer and Employers if you are a Job Seeker.

The Company cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

The Company acts only as a medium for the posting and exchange of user-submitted information and expressly disclaims any responsibility for the content of such postings. The Company makes no representations with respect to, nor is it responsible for, the accuracy, completeness, reliability, legality or timeliness of any posting. The Company does not undertake, nor is it responsible for, screening potential or existing users, or reviewing, verifying or censoring postings prior to their posting to the Products. Further, the Company does not undertake, nor is it responsible for, screening or monitoring the use of the Services by users, or the exchange of information between users, whether conducted through the medium of any of the Services or through other means.

Because the Company acts only as a medium for the posting and exchange of information, the Company is not involved in the actual transactions between users. Accordingly, the Company has no control over the veracity, accuracy, safety, legality or other aspects of the postings, nor does it make any representations with respect to the reputation or legitimacy of any user, or with respect to the ability of any user to perform any promises made via any of the Services.

All users should be aware that use of the Services, as well as any similar medium, may involve risks to the user, including, but not limited to, risks of physical harm, misrepresentation and fraud. By using the Services, users acknowledge the risk of such harm, accept all responsibility therefore, and release the Company Parties from any responsibility or liability with respect to any and all harm or damage that may incur as a result of their use of any of the Services, as well as from and against all related liabilities, damages, claims, actions, demands, judgments, settlements, costs and/or expenses (including, but not limited to, reasonable out-of-pocket attorney’s fees and costs) in any manner or form related thereto.

Users are encouraged to report to the Company any suspected misuse of the Services or violation of these Terms and Conditions. The Company may investigate such complaints, but shall be under no obligation to do so. The Company reserves the right, in its sole discretion, to remove or refuse any posting, whether as a response to complaints by users or at its own initiative. Further, the Company reserves the right to prohibit use of the Services by any user who the Company deems, at its sole discretion, to have misused any of the Services, to have violated these Terms and Conditions, or otherwise to have acted illegally, fraudulently, dishonestly or deceptively in its use of the Services.

The Services may contain links to other websites owned and operated by third parties. These links are provided solely as a convenience to users and are not intended as an endorsement of such other websites. Further, the Company does not undertake, nor is it responsible for, screening, reviewing, verifying or in any other way investigating the content, ownership or any other aspect of these other websites. Users use these links solely at their own risk, and hereby release each of the Company Parties from any and all liability of any kind associated with their linking to other websites.

Violation of the Acceptable Use Policy

Any Employer, recruiter, job seeker, user, or agent found to be in violation of these Terms and Conditions may be removed from the Services and denied further access to or use of the Services, in the Company’s sole and absolute discretion.

Any Employer or recruiter removed from the Services for violating these Terms and Conditions will be deemed to have forfeited any and all payments previously made to the Company.

Employers may seek to re-subscribe to the Services after demonstrating sufficient remedy of the violation. The Company reserves the right, in its sole and absolute discretion, to re-instate or continue to deny access to a former user.

Miscellaneous

These Terms and Conditions will be construed in accordance with the laws of the State of Maine without regard to conflict of laws principles. Any user of any of the Services hereto agrees and consents to the exclusive jurisdiction and venue of the State of Maine with respect to any proceedings arising out of or in connection with any of the Services.

In the event any term or provision of these Terms and Conditions is found by any court to be void or otherwise unenforceable for any reason, the remainder of these Terms and Conditions shall remain valid and fully enforceable as though such term were absent.

No waiver of any rights arising under these Terms and Conditions belonging to the Company shall be effective unless in writing and signed by the Company. No failure or delay by the Company in exercising any right, power or remedy under these Terms and Conditions shall operate as a waiver of any such right, power or remedy.

Nothing in these Terms and Conditions shall be construed to constitute or appoint the Company as the agent or representative of any user of any of the Products for any purpose whatsoever, or to grant to any user of any of the Products any right or authority to assume or create any obligation or responsibility, express or implied, for or on behalf of or in the name of the Company, or to bind the Company in any way or manner whatsoever.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

If you have questions about the terms of use, you may contact the Company at:

Mix Maine Media
12 Shuman Avenue #12
Lee Farm Mall
Augusta, Maine 04330
(207) 622-0110