The BOOMERJOBS.com Website is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions and notices contained herein. "Website" also refers to all information, text and visual images, software, products and services used or available via the Website. Any and all rights not expressly granted in these Terms, Conditions and Notices (collectively, these "Terms") are reserved by BOOMERJOBS Inc., or its vendors and licensors, BOOMERJOBS Inc. reserves the right to change these Terms, at its sole discretion, at any time or from time to time.  All changes will be effective immediately upon their posting to this Website.  Material changes will be conspicuously posted on this Website.  By accessing or using this Website after such charges are posted you agree and consent to all such changes.  Your use of the Website means that you've read all of these Terms and agree to them.

Website Content and Warranty.

Please be aware that the information, software, products and services published on this Website may include inaccuracies, typographical errors or out-of-date information. Information displayed on this Website is subject to modification without notice. BOOMERJOBS Inc. reserves the right to modify such information without any obligation to notify past, current or prospective Website users.

Intellectual Property Rights.

Copyright  2005 BOOMERJOBS Inc.  All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this Website are copyrighted by BOOMERJOBS Inc., unless otherwise noted.  The distinctive and original layout and presentation of this Website also constitutes protectable trade dress under applicable federal law.  In addition, proprietary names and marks belonging to BOOMERJOBS Inc. appear throughout this Website.  This Website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to BOOMERJOBS Inc. or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Your Use; Limited License.

You may download and print out (1) copy of this Website solely for your personal and non-commercial or internal business use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise modify, copy, mirror, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Website or software, products or services obtained from or available as part of or in conjunction with this Website. You are granted a non-exclusive, non-assignable and non-transferable license to use the Website only under these Terms.

This license is not a sale of any of the BOOMERJOBS Inc.'s rights. The BOOMERJOBS.com Website may be used only by you, and you may not rent, lease, lend, sub-license or transfer the Website or any data residing on it or any of your rights to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Website. You may not transfer to or store any data residing or exchanged over the BOOMERJOBS.com Website in any electronic network for use by more than one user unless you obtain prior written permission from BOOMERJOBS Inc.

Other Parties.

BOOMERJOBS Inc. takes no responsibility whatsoever for the activities of any job applicants or BOOMERJOBS Inc.’s various employers or agencies that use BOOMERJOBS Inc.’s services or BOOMERJOBS Inc.’s advertisers (individually or collectively, as the case may be, "Members") or those Members' respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on the Website). Nothing on the Website shall be deemed to be an endorsement, representation or warranty with respect to any Member, job applicant or other third party, whether in regard to its Website, products, services, employment or hiring practices or otherwise.

This Website may contain hyperlinks or other connections to Websites operated by parties other than BOOMERJOBS Inc. including but not limited to those of the Members.  BOOMERJOBS Inc. does not control these Members’ Websites and is not responsible for them, or their availability, content or any viruses accessed through them. BOOMERJOBS Inc.’s inclusion of hyperlinks or other connections to such Websites does not imply any endorsement of the material on them or any association with their owners or operators.  Your linking to any third party pages or Websites is at your risk. 

If you operate another Website and are interested in linking to our Website, you agree to be bound by the following rules:  (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL "www.BOOMERJOBS.com" and not to any other pages; (3) the link, and use thereof, must be in connection with a Website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with BOOMERJOBS Inc.’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity, other than BOOMERJOBS Inc., is associated with or sponsored by BOOMERJOBS Inc.; (6) the link, when activated by a user, must display this site full-screen and not with a "frame"; and (7) BOOMERJOBS Inc. reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms or through other notice.

Your Responsibilities.

Individuals seeking employment and employers seeking job applicants may use the BOOMERJOBS.com Website only for lawful purposes. As one of the conditions of your use of the BOOMERJOBS.com Website, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms or by applicable law (including but not limited to any applicable export controls). It is YOUR RESPONSIBILITY to ensure that your use of the Website complies with these Terms, and to seek prior written permission from BOOMERJOBS Inc. for any uses not permitted or not expressly specified herein.

In connection with your use of the Website, you will not: 

1. Transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another's right of privacy or publicity;
2. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
3. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
4. Post or transmit any Content that contains a virus or corrupted data;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
6. Use the Website's 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);
7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
8. Violate any applicable local, state, national or international law; 
9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
10. Post any incomplete, false or inaccurate employment opportunity, resumes or other information, which is not accurate.
11. Respond to any employment opportunity on the Website for any reason other than to apply for a job, or post any employment opportunity on the Website for any reason other than to fill a valid employment position;
12. Post any communication soliciting our Members’ business for a service competing with the Website;
13. Post to the Website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
14. Delete or revise any Content or other material posted by any other person or entity.
15. Print out or otherwise copy or use any personally identifiable information about job applicants or business information about Members. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.
16. If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
17. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the BOOMERJOBS Inc. on this Website and other than generally available third party web browsers (e.g., Netscap Navigator, Microsoft Explorer);
18. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
    
    Website Security Rules.

Users are prohibited from violating or attempting to violate the security of the Website including, without limitation,  (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,(iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mailbombing" or "crashing," or (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of Website or network security may result in civil or criminal liability. BOOMERJOBS Inc. will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Your Grants.

By submitting (e.g., uploading) Content to the Website, you automatically grant BOOMERJOBS Inc. the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the Website), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Content have been waived. BOOMERJOBS Inc. and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website. Without limiting the foregoing, BOOMERJOBS Inc. and its designees shall have the right to remove any Content that violates these Terms or are otherwise objectionable.

Monitoring.

BOOMERJOBS Inc. is under no obligation to monitor the information residing on or transmitted via this Website. However, you agree that BOOMERJOBS Inc. may monitor the Website Content to (1) comply with any applicable laws, regulations or other government requests; (2) to operate the Website properly 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. BOOMERJOBS Inc. reserves the right to modify, reject or eliminate any information or content residing on or transmitted to its Website that it, in its sole discretion, believes is unacceptable or in violation of these Terms.

BOOMERJOBS Inc. shall have the right to terminate or suspend your access and use of the Website without notice and to discontinue display of any content at any time.

Information Collection.

By your access and use of the Website, you hereby agree to the terms of the BOOMERJOBS Inc. Privacy Policy [insert link] which are incorporated into these Terms by this reference.

The very nature of the service BOOMERJOBS Inc. provides you requires that we gather, process, use and distribute information which you provide directly (e.g., name, physical address, e-mail address, resume), as well as information regarding the manner in which you use the Website. While the use of the resume privacy feature should provide you with a degree of control over the distribution of content you submit, BOOMERJOBS Inc. cannot guarantee that your Content will be prevented from being viewed by any particular party.

If you have directly submitted Content and would like us to remove it from our database, please contact us at the email address or phone number listed below and we will use reasonable efforts to delete your Content from our then existing files. At your request, we will also make reasonable efforts to forward a similar request on to up to five Members specified by you; however, we cannot control, or be liable for such efforts, or for any past, present or future action or inaction by any of our Members.

Disclaimers & Limitations.

You assume all responsibility and risk for your use of this Website and the Internet generally. This Website and the information provided on it are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. BOOMERJOBS Inc. expressly disclaims all express or implied warranties, including but not limited to warranties of title, noninfringement, merchantability, fitness for a particular purpose and any warranties arising from trade or course of dealing. No advice or information given by BOOMERJOBS Inc., its affiliates or their respective employees shall amend the foregoing disclaimer or create any warranty. BOOMERJOBS Inc. expressly disclaims any warranty that the information on this system or on the internet generally will be uninterrupted or error free or that any information, software or other material accessible from the Website is free of viruses or other harmful components. You shall have absolutely no recourse against BOOMERJOBS Inc. as the Website provider for any alleged or actual infringement of any proprietary rights you may have in anything you post on our Website. BOOMERJOBS Inc. makes no warranties or representations regarding the results that may be obtained from use of this Website, or use of material, information, or data downloaded or otherwise obtained from this Website.  Specifically, BOOMERJOBS Inc. makes no warranty or representation whatsoever that you will obtain any job via the Website or for any job you may obtain, or that you will find a suitable job applicant or employee via the Website.

BOOMERJOBS Inc. does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, software or process used or disclosed on the Website. 

You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.  BOOMERJOBS Inc. does not warrant or guarantee that files or other materials and information available through this Website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.  None of the parties involved in creating, producing, or delivering this Website or its content, including without limitation BOOMERJOBS Inc., shall be liable to users of this Website for any damage resulting from use of this Website or use of material, information or data downloaded or otherwise obtained from this Website, nor are such parties in any way responsible for the conduct of users of this Website or for information and content posted or exchanged on this Website.

No advice or information, whether oral or written, obtained by you from Company or in any manner from this Website shall create any warranty.

No Liability.

In no event shall BOOMERJOBS Inc. or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Website or any linked Website or to any Content, material, information, data, products, or services obtained through this Website, or otherwise arising out of your use of this Website, your inability to use this Website or any decision made or action taken by you in reliance of any Content, information, advice or materials provided on this Website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if BOOMERJOBS Inc. has been advised of the possibility of such damages.  Your sole and exclusive remedy is to discontinue your access to and use of the Website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, then BOOMERJOBS.com's maximum liability for any type of damages shall be limited to U.S. $100.00.

Indemnification.

You agree to indemnify, defend and hold harmless BOOMERJOBS, Inc., its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation reasonable attorneys’ fees) arising from or related to your use of this Website, your use of any Content, material, information or data downloaded or otherwise obtained from this Website, or your violation of these Terms, including without limitation, your infringement of any intellectual property or other right of BOOMERJOBS Inc. or any other person or entity.

No Partnership.

You agree that no joint venture, partnership, employment or agency relationship exists between you and BOOMERJOBS Inc. as a result of these Terms or your use of this Website.

Interpretation and Disputes.

These Terms are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions.  Venue shall be proper exclusively in Maricopa County, Arizona with respect to any dispute arising under these Terms, unless otherwise specifically agreed by BOOMERJOBS Inc. in its sole discretion.  In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.  If any provision of these Terms is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid.  Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms shall be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this Website must be commenced within one (1) year after the action or claim arises.

Bulletin Boards, Chat Rooms and Other Interactive Areas.

BOOMERJOBS Inc. may provide bulletin boards, chat rooms and other interactive areas for its users to participate in.  By accessing or using this Website, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this site:

1.         You must maintain a polite, pleasant environment. Comments that harass abuse or threaten others are prohibited. You may not criticize other individual users, Members or BOOMERJOBS Inc. or any of its affiliates.

2.         You must ensure that all comments are appropriate to all people.  Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.

3.         You must keep your comments relevant to the stated topic.

4.         Any conduct that in BOOMERJOBS Inc.’s sole discretion restricts others from using or enjoying the Website is prohibited. 

5.         You may not advertise a business or service.

6.         Copyrighted material may only be posted with permission of the author.

7.         Harvesting or collecting information about others, including e-mail addresses is prohibited.

8.         You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.

All users of this site must also follow any other guidelines or rules provided by BOOMERJOBS Inc. or posted on this site.  A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms, will result in, among other possible action, the immediate termination of all membership and use privileges to post Content to the Website.  Please report any violations of these guidelines, as provided for in the “Contacting Us” paragraph of these Terms.

You and other users of the bulletin boards, chat rooms and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this Website. You should exercise the utmost discretion before providing any personal information on this Website. Although BOOMERJOBS Inc. is not obligated to monitor Content or the accuracy of information, you acknowledge and agree that BOOMERJOBS Inc., in its sole discretion, has the right to monitor, without notice, any such Content or information posted on this site.  BOOMERJOBS Inc. also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or Content, without notice, for any reason, and to revoke any user’s membership, and use privileges for any reason.

Third-Party Intellectual Property Rights.

BOOMERJOBS Inc. respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide BOOMERJOBS Inc. the following information, in the form prescribed by Section 512 of Title 17, United States Code:

1.         an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.         a description of the copyrighted work or works that you claim have been infringed;

3.         a description of the allegedly infringing material, including its location on the Website;

4.         your address, telephone number, and e-mail address;

5.         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

BOOMERJOBS Inc.’s Copyright Agent for notice of claims of copyright infringement on its site is: info@boomerjobs.com

You and BOOMERJOBS Inc. understand and agree that: (1) BOOMERJOBS Inc. assumes no liability or responsibility for any Content or material of any kind that is submitted for or posted on any interactive area on the Website (including without limitation any bulletin boards, chat rooms, surveys on the Website) by you or by any other users or third parties and (2) BOOMERJOBS Inc. is a publisher of any such Content and material, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

Agreement.

By your access or use of this Website you hereby agree to these Terms.  These Terms together with the BOOMERJOBS Inc. Privacy Policy, and, where applicable Purchase and Service Agreement, represents the entire binding agreement between you and BOOMERJOBS Inc., and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Website or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Any waiver of any provision of these Terms will be effective only if in writing and signed by BOOMERJOBS Inc.  These Terms will insure to the benefit of BOOMERJOBS Inc.’s successors and assigns.

Contacting Us.

Please contact us with any questions or concerns at:

info@boomerjobs.com