BigDreamJobs.com Website Terms and Conditions
Last Update: April 1, 2009
1. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site.
2. Acceptance of Agreement. You agree to the terms and conditions set forth in the Agreement with respect to your use of the Site when you access the Site. The Agreement constitutes the entire and only agreement between you and BigDreamJobs.com with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
3. Description of Site. The Site provides users with an opportunity to apply for certain products and/or services (“Featured Products”) as offered by BigDreamJobs.com ’s affiliated third-party service providers (the “Third Party Providers”). Please be advised that BigDreamJobs.com does not itself provide the Featured Products, and the ultimate terms and conditions of any Featured Products, or other product or service, provided by one of its Third Party Providers will be determined by that entity. To qualify to receive Featured Products, you must first fully complete the application form located at the Site (“Site Application”), as well as the application form set forth on the Site of the applicable Third Party Provider (“TPP Application” and together with the Site Application, the “Application”). The information that you must supply on the Site Application includes, but is not limited to: (a) name; (b) e-mail address; and (c) any and all other information requested on the applicable registration form (collectively, the “Site Registration Data”).
Upon entering your Site Registration Data and clicking on the “Submit” button at the bottom of the second page of the Site Application, your Site Registration Data will be redirected to the applicable Third Party Provider. The information that you must supply on the applicable TTP Application shall be determined by the applicable Third Party Provider (the “TPP Registration Data” and, together with the Site Registration Data, the “Registration Data”). TTP Application approval, and the ultimate terms and conditions of any product or service provided by one of our Third Party Providers, will be determined by that entity. BigDreamJobs.com will verify and approve all completed Site Applications, and the associated Registration Data, in accordance with its standard verification procedures. You agree to provide true, accurate, current and complete Registration Data. BigDreamJobs.com and the applicable Third Party Provider each have the right to reject any Registration Data where it is determined, in the sole and exclusive discretion of BigDreamJobs.com and the applicable Third Party Provider, that: (i) you are in breach of the Agreement; and/or (ii) the Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. BigDreamJobs.com and the applicable Third Party Provider each may change the Registration Data criteria at any time, in their sole discretion.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that BigDreamJobs.com is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for the Featured Products and/or any associated functionality. You understand and agree that BigDreamJobs.com shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any of BigDreamJobs.com ’s Third Party Providers. If BigDreamJobs.com terminates the Agreement, BigDreamJobs.com shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with BigDreamJobs.com
5. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. BigDreamJobs.com may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. BigDreamJobs.com reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on BigDreamJobs.com infrastructure. Your right to use the Site is not transferable.
6. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BigDreamJobs.com is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by BigDreamJobs.com does not constitute a waiver of any right in such information and/or materials.
7. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
Violations of this policy should be reported to info@BigDreamJobs.com.
Any attempt by any individual, whether or not a BigDreamJobs.com customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and BigDreamJobs.com will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
9. Indemnification. . You agree to indemnify and hold BigDreamJobs.com , its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Featured Products; (b) your breach of the Agreement; (c) any dispute between you and a Third Party Provider; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of BigDreamJobs.com , its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties. THE SITE, ANY FEATURED PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BIGDREAMJOBS.COM MAKES NO WARRANTY THAT: (A) THE SITE, ANY FEATURED PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, ANY FEATURED PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR FEATURED PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR FEATURED PRODUCTS WILL BE ACCURATE OR RELIABLE. THE SITE AND/OR FEATURED PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIGDREAMJOBS.COM , ANY OF ITS THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIGDREAMJOBS.COM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIGDREAMJOBS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, ANY FEATURED PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR FEATURED PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS, OR ANY SUBSEQUENT DENIAL OF FEATURED PRODUCTS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND/OR (E) ANY OTHER MATTER RELATING TO THE SITE, ANY FEATURED PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BIGDREAMJOBS.COM AND ALL OF BIGDREAMJOBS.COM ’S THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BIGDREAMJOBS.COM TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE BIGDREAMJOBS.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BIGDREAMJOBS.COM . THE SITE, ANY FEATURED PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
12. Third Party Websites. The Site may provide and/or refer you to links to other Internet websites and/or resources including, but not limited to, websites operated by Third Party Providers. Because BigDreamJobs.com has no control over such third party websites and/or resources, you hereby acknowledge and agree that BigDreamJobs.com is not responsible for the availability of such third party websites and/or resources. Furthermore, BigDreamJobs.com does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
13. Miscellaneous. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against BigDreamJobs.com and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that BigDreamJobs.com incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and BigDreamJobs.com and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements between you and BigDreamJobs.com . To the extent that anything in or associated with the Site and/or any BigDreamJobs.com offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
14. Contact US. If you have any questions regarding the Agreement, or would like more information from us, please contact us at email@example.com.