Terms and Conditions

Agreement

  1. Introduction; Binding Agreement.

AGJOBS4U, LLC a California limited liability company (“AGJOBS4U”), provides this web site and the site-related services, including the content and code related thereto (collectively, the “Site”), subject to your compliance with the agreement set forth below. Please read these Terms of Use (the “Agreement”) carefully before using this Site. By using the Site, you agree to be bound by the Agreement. If you do not accept the Agreement or you do not meet or comply with its provisions, you may not use the Site. The Agreement includes the Privacy Policy[hyperlink], which is incorporated into this Agreement by this reference.

This Agreement is made between AGJOBS4U and you, the Site visitor and/or registered user (“you”). We reserve the right at any time to: (i) change the Agreement; (ii) change the Site, including eliminating or discontinuing any content on or feature of the Site, including any content created by you; or (iii) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. Any changes AGJOBS4U make will be effective immediately upon posting on the Site, and will be binding on you on such date. Any use of a Site will be considered acceptance by you of the then-current Agreement contained on the Site. If at any time you find the Agreement unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by AGJOBS4U unless AGJOBS4U agrees to them in a signed writing specifically including those new or different terms. AGJOBS4U may change the Site at any time.

  1. Use of the Site.
    • General Use. The Site is intended for individuals seeking employments in the Agriculture and related industries and for employers or recruiters seeking candidates for employment in the Agriculture industry and related industries. You may use the Site only for lawful purposes within the stated context of AGJOBS4U’s intended and acceptable use of the Site. AGJOBS4U is the sole interpreter of the Site’s intended and acceptable use.
    • License to Use by Users who are Job Seekers. AGJOBS4U hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any document or content you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. AGJOBS4U reserves the right to suspend or terminate that privilege for any reason, at any time, and in its sole discretion. For the purposes of the Agreement, “Job Seekers” refers to persons utilizing the Site to seek employment.
    • License to Use by Users who are Employers. AGJOBS4U hereby grants you a limited, terminable, non-exclusive right to access and use the Site 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 Site solely for your personal use directly related to searching for and recruiting job prospects. AGJOBS4U also grants you a limited, terminable, non-exclusive license to use the AGJOBS4U resume database for your internal use only. You may not sell, transfer or assign any of the your rights to the Site to any third party without the express written authorization of AGJOBS4U. You agree that you are solely responsible for the content of any document you post to the Site and any consequences arising from such posting. AGJOBS4U reserves the right to suspend or terminate your access and use at any time if AGJOBS4U determines that you are in breach of this Agreement. For the purposes of this Agreement, “Employers” refer to individuals or businesses utilizing the Site to seek employees.
    • Employer Materials. Employer represents, warrants and covenants that any materials posted on the Site by an Employer (“Employer Materials”) provided by Employer for use in connection with the Site will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants AGJOBS4U a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website.
    • Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 18 years of age or older; and (b) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Agreement or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Agreement and all applicable laws.
    • User Submissions. AGJOBS4U welcomes your comments regarding the Site and appreciates hearing from you. Please note, however, that AGJOBS4U does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send AGJOBS4U creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of AGJOBS4U. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on AGJOBS4U’s part, and AGJOBS4U will not be liable for any use or disclosure of any User Submission. AGJOBS4U shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
  2. Intellectual Property Rights. The Site and all right, title and interest in and to the Site are the sole property of AGJOBS4U or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in this Agreement, AGJOBS4U reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute any content of AGJOBS4U’s materials (“AGJOB4U Materials”), or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes:
    1. copying or adapting the HTML code used to generate web pages on the Site;
    2. using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” the Site other than the search engine and search agents available from AGJOBS4U on such AGJOBS4U Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Chrome, etc.); and
    3. aggregating, copying or duplicating in any manner any of the content or information available from any of the AGJOBS4U Site, without the express written consent of AGJOBS4U. The use of the content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The AGJOBS4U Materials are not considered to be works for hire and you may not duplicate such AGJOBS4U Materials. “AGJOBS4U ,” the AGJOBS4U design logo and certain other names or logos are service marks or trademarks of AGJOBS4U, and all related product and service names, design marks and slogans are the service marks or trademarks of AGJOBS4U. In addition, the “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by AGJOBS4U’s trademarks, service marks and copyrights. Any code that AGJOBS4U creates to generate or display the content or the pages making up the Site is also protected by AGJOBS4U’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or AGJOBS4U Materials on any authorized copy you make of the Content or AGJOBS4U Materials. All other product and service marks contained on the Site are the trademarks of their respective owners.
  3. Disclaimers and Limitations on AGJOBS4U’s Liability.
    • Allocation of Responsibility. AGJOBS4U assumes no responsibility for any materials, resumes, the contents of any resumes, or documents (collectively, “Documents”) posted by you or other users (collectively, “Users”) and no responsibility for the activities, omissions or other conduct of Users. AGJOBS4U 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 or the contents of any Documents. If notified by a User of a Document which allegedly does not conform to this Agreement, AGJOBS4U may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. AGJOBS4U has no liability or responsibility to Users for performance or nonperformance of such activities. AGJOBS4U may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
    • No endorsements by AGJOBS4U. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
    • WARRANTY DISCLAIMERS.
      1. THE SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AGJOBS4U, 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 PARTICULAR PURPOSE. AGJOBS4U MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
      2. WITHOUT LIMITATION ON THE FOREGOING:
        • AGJOBS4U DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AGJOBS4U IS NOT RESPONSIBLE FOR THOSE COSTS.
        • AGJOBS4U makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, eligibility for employment in the United States, completeness, timeliness or reliability of any Documents posted by Users or the 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.
        • AGJOBS4U makes no representations or guarantees regarding the content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
        • AGJOBS4U MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. AGJOBS4U 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.
  • DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
    1. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
    2. IN NO EVENT SHALL AGJOBS4U (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, 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 SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AGJOBS4U IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. 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 AGJOBS4U’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
    4. IN NO EVENT SHALL AGJOBS4U (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, 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 AGJOBS4U, THE AMOUNTS ACTUALLY PAID BY YOU TO AGJOBS4U UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
    5. Due to the nature of this Agreement, in addition to money damages, you agree that AGJOBS4U will be entitled to equitable relief upon a breach of this agreement by you.
  • User Authentication. Because User authentication on the Internet is difficult, AGJOBS4U cannot and does not confirm that each User is who they claim to be. Because AGJOBS4U does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more Users, you release AGJOBS4U from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  • California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
  1. Payment of Services upon Termination of Service Activation Agreement. All Employers shall enter into the Service Activation Agreement, as set forth __________. If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Agreement have been incorporated by reference, then AGJOBS4U shall reserve the right to receive all payments from you for the Site used by you up to termination and for one hundred percent (100%) of the remaining unused portion of the Service Activation Agreement.
  2. Links to Other Site. AGJOBS4U contains links to third party web Site. These links are provided solely as a convenience to you and not as an endorsement by AGJOBS4U of the contents on such third-party web site. AGJOBS4U 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 web Site. If you decide to access linked third-party web site, you do so at your own risk.
  3. Indemnity. You agree to defend, indemnify, and hold harmless AGJOBS4U (and its subsidiaries, affiliates, officers, directors, members, managers, 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 Site, any Document posted by you, your use of the Site or your breach of this Agreement. AGJOBS4U 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.
  4. User Information and Privacy Policy.
    • When you register on the AGJOBS4U Site you will be asked to create an account and provide AGJOBS4U with certain information, including among other things, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
    • All User Information will be used in accordance with the terms of AGJOBS4U’s Privacy Policy. Please note, as set forth in the Privacy Policy, that AGJOBS4U may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, AGJOBS4U reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.
  5. Questions and Notices. Questions concerning the use of the Site should be directed to info@AGJOBS4U.com. Notices to AGJOBS4U should be sent to the address listed on the Site. We will send notice to you at the address submitted by you or to such other address as AGJOBS4U reasonably determines is an appropriate address for you.
  6. General. AGJOBS4U contact information is listed on the Site. AGJOBS4U 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 Site. If you access AGJOBS4U 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 and your Service Activation Agreement, if you have one, are 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 AGJOBS4U 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 Site, 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 AGJOBS4U in a particular “Legal Notice,” or material on particular web pages of the Site, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and AGJOBS4U.
  7. Rules regarding Posting, Conduct and Security. The following rules apply to your use of the Site. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
    • Posting Rules:
      1. You may not post any Document to a Site that contains: (i) URLs or links to web Site other than to recruitment related pages on your company web site; (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
      2. You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, or any pyramid scheme); provided, however that AGJOBS4U may allow posting of certain training and business.
      3. Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted.
      4. Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.
      5. Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
      6. AGJOBS4U is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above posting rules may be removed at AGJOBS4U’s sole discretion.
    • Conduct Rules:
      1. You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer’s business are prohibited.
      2. You may not send unsolicited commercial email to Users.
      3. Protect your password. Your AGJOBS4U account are to be accessed and used solely by you. Upon your successful registration for a AGJOBS4U account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your AGJOBS4U account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify AGJOBS4U immediately of any unauthorized use of your account or password.
      4. Report inappropriate postings or conduct info@AGJOBS4U.com.
      5. You may not delete or revise any material posted by any other person or entity.
      6. If at any time AGJOBS4U comes to the understanding that you: (i) misled AGJOBS4U regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, AGJOBS4U reserves the right to terminate your Agreement.
    • Security Rules:
      1. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the 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 submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
      2. Violation of these security rules may result in civil or criminal liability. AGJOBS4U 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.
  1. Copyright Complaints.
    • AGJOBS4U respects the intellectual property of others. It is AGJOBS4U’s policy to respond to claims of copyright and other intellectual property infringement. AGJOBS4U will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, AGJOBS4U may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. AGJOBS4U will terminate access for Users who are repeat infringers.
    • Notifying AGJOBS4U of Copyright Infringement: To provide AGJOBS4U notice of an infringement, you must provide a written communication to the attention of “Trust and Site Security” care of info@AGJOBS4U.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
    • Providing AGJOBS4U with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide AGJOBS4U with a counter notification by written communication to the attention of “Trust and Site Security” at info@AGJOBS4U.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
  2. Service Activation Agreement.
    • Job Seekers. Job Seekers shall create an account on the Site, which will provide you with access to the Site and its various uses. By creating the account, you are entering into a Service Activation Agreement.
    • Employers. Employers shall create an account and pay for its account (whether monthly or annually). Once an account is created by an Employer:
      1. Employers shall have unlimited access to post job postings and to search and download Job Seeker resumes, Documents, or other content, solely for the Employer’s use.
      2. AGJOBS4U may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Job Seeker resumes, Documents or other content, at any time. By permitting access to the database, AGJOBS4U does not convey any interest in or to the said resumes or Documents or any other AGJOBS4U property. All right, title and interest in and to the the Job Seeker content is and shall remain in AGJOBS4U .