Terms and Conditions for the VANC Job Board

JOB BOARD TERMS

‍1. Introduction. Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the VANC Web Sites and the Services (as each are defined below) provided by VANC, or one of its divisions (collectively, "VANC"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the VANC Web Sites or Services. These Terms and Conditions are effective as of April 11, 2022.

2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by VANC), form a binding agreement (the "Agreement") between you and VANC. Your access to or use of the VANC Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.

3. Certain Definitions. The following definitions apply to this Agreement:

3.5 "Document" refers to any posting to a Site, whether job or resume.

3.6 "Employer" means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.

3.7 "Employer Materials" includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.

3.9 "Job Seeker" means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.

3.10 "Services" means any services provided by VANC or its agents described herein and specified more fully in the Service Activation Agreement.

3.12 "User" refers to any individual or entity that uses any aspect of the Sites.

3.13 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

4. General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of VANC’s intended and acceptable use of the Sites. VANC is the sole interpreter of the Sites' intended and acceptable use.

4.1. The Job Board of the VANC website is provided as a service of the Association. Any information posted by users must be related to the purposes of the Job Board. VANC reserves the right to remove postings deemed not in the best interests of VANC.

4.2. The Job Board is to be used only by individuals interested in obtaining career/job information and filling job openings and by employers posting employment opportunities.

4.3. Those using the Job Board for the purpose of filling job openings are prohibited from posting any incomplete, false, or inaccurate employment history or other biographical information.

4.4. Those using the Job Board for the purpose of posting employment opportunities shall abide by all local, state, and federal laws with regard to hiring and employment. Such users shall be prohibited from posting any franchise, pyramid scheme, “club membership,” distributorship, or sales representative agency arrangement or other opportunities that require an up-front or periodic payment or recruitment of other members, sub-distributors, or sub-agents.

4.5. Users shall exercise both common sense and courtesy when posting information and shall not use the Job Board to transmit defamatory, disparaging, obscene, or offensive materials or communications.

4.6. Users are prohibited from uploading or distributing any information subject to trademark, copyright, or other proprietary rights except with the express consent of the owner of the rights.

4.5. Third-Party Providers. You acknowledge and agree that VANC may provide the Services using third-party providers, including subcontractors and consultants (the "Third-Party Providers"). You agree that, as between VANC and its Third Party Providers, VANC will have sole responsibility for handling all billing and contract negotiations.

4.7. Posted information will not be treated as confidential.

4.8. The Job Board is not to be accessed to conduct any activities that may be illegal. For example, the Job Board shall not be used to encourage software infringement, spreading of computer viruses, breaking into private computer forums, gambling, or other crimes.

4.9. The Job Board is not to be used in a manner that violates the bylaws or any other policies, procedures, rules, or regulations of VANC.

4.10. Users of the Job Board may provide their passwords to third parties only with the express prior written consent of VANC.

4.11. Users shall respect the security of the Job Board and shall not attempt to delete or revise material posted by any other user or to gain access to areas private to VANC or its members.

5. Policies. The terms and conditions of the use of the VANC website work in congruency with our current website terms and conditions and privacy policy that can be found at the bottom of our website www.vanc.me.

6. Licenses. Responsibilities. Disclosures. Disclaimers. License to Use by Users who are Employers. VANC hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. VANC also grants you a limited, terminable, non-exclusive license to use the VANC Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by VANC to any third party without the express written authorization of VANC. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. VANC reserves the right to suspend or terminate your access and use at any time if VANC determines that you are in breach of these Terms and Conditions.

6.1 Allocation of Responsibility VANC assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. VANC acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document that allegedly does not conform to these Terms and Conditions, VANC may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. VANC has no liability or responsibility to Users for the performance or nonperformance of such activities. VANC may take any action with respect to User submitted information that it deems necessary or appropriate, at its sole discretion.

6.2 No endorsements by VANC. Nothing on the Sites shall be considered an endorsement, representation, or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices or otherwise.

6.3 WARRANTY DISCLAIMERS.

(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED. VANC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. VANC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.

(b) WITHOUT LIMITATION ON THE FOREGOING:

(i) VANC DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, VANC IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) VANC makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.

(iii) VANC makes no representations or guarantees regarding the Content of the SiteS, including, but not limited to, broken links, inaccuracies or typographical errors.

(iv) VANC MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. VANC DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING, AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY, AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE, OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.

(b) IN NO EVENT SHALL VANC (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VANC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN VANC'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.

(d) IN NO EVENT SHALL VANC (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH VANC, THE AMOUNTS ACTUALLY PAID BY YOU TO VANC UNDER THIS AGREEMENT IF GREATER THAN US$200.00).

(e) Due to the nature of this Agreement, in addition to money damages, you agree that VANC will be entitled to equitable relief upon a breach of this agreement by you.

7. Links to Other Sites. VANC contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by VANC of the contents on such third-party websites. VANC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

8. Amendments to this Agreement and Changes to Sites. VANC may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by VANC unless VANC agrees to them in a signed writing specifically including those new or different terms. VANC may change the Sites at any time.

9. Indemnity. You agree to defend, indemnify, and hold harmless VANC (and its subsidiaries, affiliates, officers, directors, employees, and agents) from and against any third-party claims, actions, or demands (including, without limitation, costs, damages, and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. VANC shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit, or proceeding.

10. General. VANC contact information is listed on the Sites. VANC makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access VANC from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of California. The sole relationship between you and VANC is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by VANC in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and VANC.

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Should you have any questions, feel free to reach out to us at any time.