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 Nativeamericanjobs.com Web Sites and the Services (as each are defined below) provided by
Nativeamericanjobs.com, LLC or one of its divisions (collectively, "Nativeamericanjobs.com"). If you do not accept these
Terms and Conditions or you do not meet or comply with their provisions, you may not use the Nativeamericanjobs.com Web
Sites or Services. These Terms and Conditions are effective as of
February 13, 2015.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by
Nativeamericanjobs.com), together with your Service Activation Agreement (if applicable), form a binding agreement (the
"Agreement") between you and Nativeamericanjobs.com. Your access to or use of the Nativeamericanjobs.com 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:
3.1 "Nativeamericanjobs.com Materials" includes any materials, methodologies, implementation plans or other intellectual
property used during the provision of Services.
3.2 "Nativeamericanjobs.com Web Site" or the "Site" (collectively, the "Nativeamericanjobs.com Websites" or the "Sites")
means any web site under Nativeamericanjobs.com's control, whether partial or otherwise and includes such Site's Content,
Text, Graphics, Design, Programming, Nativeamericanjobs.com Materials and Services (as applicable in each context).
3.3 "Content" includes all Text, Graphics, Design and Programming used on the Sites.
3.4 "Design" includes the color combinations and the page layout of the Sites. "Programming" includes both client-side code
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.
3.8 "Graphics" includes all logos, buttons, and other graphical elements on the Sites, with the exception of paid advertising
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 Nativeamericanjobs.com or its agents described herein and specified more fully
in the Service Activation Agreement.
3.11 "Text" includes all text on every page of the Sites, whether editorial, navigational, or instructional.
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
4. Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 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
Nativeamericanjobs.com's intended and acceptable use of the Sites. Nativeamericanjobs.com is the sole interpreter of the Sites'
intended and acceptable use.
4.2 Nativeamericanjobs.com Intellectual Property Rights. The Sites, the Nativeamericanjobs.com Materials and all right,
title and interest in and to the Sites and Nativeamericanjobs.com Materials are the sole property of Nativeamericanjobs.com 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 these Terms and Conditions, Nativeamericanjobs.com 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 the
Content or Nativeamericanjobs.com Materials, or use them in any other way for public or commercial purpose. Notwithstanding
anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate
web pages on the Sites; (b) 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" any web pages or any Services provided on the Sites
other than the search engine and search agents available from Nativeamericanjobs.com on such Nativeamericanjobs.com Sites
and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying
or duplicating in any manner any of the Content or information available from any of the Nativeamericanjobs.com Sites, without
the express written consent of Nativeamericanjobs.com. The use of the Content on any other web site or in a networked
computer environment for any purpose is strictly prohibited. The Nativeamericanjobs.com Materials are not considered to be
works for hire and you may duplicate such Nativeamericanjobs.com Materials only for the purposes outlined in the Service
Activation Agreement. "Nativeamericanjobs.com," "Personified", the Nativeamericanjobs.com design logo and certain other
names or logos are service marks or trademarks of Nativeamericanjobs.com, and all related product and service names, design
marks and slogans are the service marks or trademarks of Nativeamericanjobs.com. In addition, the "look" and "feel" of the
Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by
Nativeamericanjobs.com's trademarks, service marks and copyrights. Any code that Nativeamericanjobs.com creates to generate
or display the Content or the pages making up the Sites is also protected by Nativeamericanjobs.com's copyright. You must
retain all copyright, trademarks, service mark and other proprietary notices contained on the Content or
Nativeamericanjobs.com Materials on any authorized copy you make of the Content or Nativeamericanjobs.com Materials. All
other product and service marks contained on the Sites are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. Nativeamericanjobs.com hereby grants you a limited, terminable,
non-exclusive right to access and use the Sites 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 Sites solely for your personal, noncommercial use. 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. Your use of the Sites is a privilege. Nativeamericanjobs.com reserves the right to suspend or terminate that privilege for
any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. Nativeamericanjobs.com 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. Nativeamericanjobs.com also grants you a limited, terminable, non-exclusive license
to use the Nativeamericanjobs.com 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 Nativeamericanjobs.com to any third party without the express
written authorization of Nativeamericanjobs.com. 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. Nativeamericanjobs.com reserves the right to suspend or
terminate your access and use at any time if Nativeamericanjobs.com determines that you are in breach of these Terms and
4.5 Employer Materials. Employer represents warrants and covenants that any Employer Materials provided by Employer for
use in connection with the Services 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
Nativeamericanjobs.com a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to
Employer's website in connection with the Services.
4.6 Use of Aggregate Data. You understand and agree that Nativeamericanjobs.com owns and has the right to collect, extract,
compile, synthesize, and analyze Aggregate Data. Nativeamericanjobs.com may use such Aggregate Data for any lawful business
purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and
anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. "Aggregate
Data" means de-identified aggregated data or information regarding Job Seekers' educational or career history (including, by way
of example and not limitation, aggregate data relating to Job Seekers' occupation, location, salary, education and experience).
4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or
older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and
Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or
help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable
law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable
4.8 User Submissions. Nativeamericanjobs.com welcomes your comments regarding the Services and the Sites and appreciates
hearing from you. Please note, however, that Nativeamericanjobs.com 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 Nativeamericanjobs.com 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 Nativeamericanjobs.com. User
Submission and any elements contained in User Submissions shall not be subject to any obligation of confidentiality on
Nativeamericanjobs.com's part, and Nativeamericanjobs.com will not be liable for any use or disclosure of any User Submission.
Nativeamericanjobs.com 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.
5. Third Party Providers. You acknowledge and agree that Nativeamericanjobs.com may provide the Services using third party
providers, including subcontractors and consultants (the "Third Party Providers"). You agree that, as between
Nativeamericanjobs.com and its Third Party Providers, Nativeamericanjobs.com will have sole responsibility for handling all
billing and contract negotiations.
6. Disclaimers and Limitations on Nativeamericanjobs.com's Liability.
6.1 Allocation of Responsibility Nativeamericanjobs.com assumes no responsibility for Documents posted by Users and no
responsibility for the activities, omissions or other conduct of Users. Nativeamericanjobs.com 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
which allegedly does not conform to these Terms and Conditions, Nativeamericanjobs.com may investigate the allegation and
determine in good faith and in its sole discretion whether to remove or request the removal of such Document.
Nativeamericanjobs.com has no liability or responsibility to Users for performance or nonperformance of such activities.
Nativeamericanjobs.com may take any action with respect to User submitted information that it deems necessary or appropriate,
in its sole discretion.
6.2 No endorsements by Nativeamericanjobs.com. 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 web site, 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. NATIVEAMERICANJOBS.COM, 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.
NATIVEAMERICANJOBS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) NATIVEAMERICANJOBS.COM 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, NATIVEAMERICANJOBS.COM IS NOT RESPONSIBLE FOR
(ii) Nativeamericanjobs.com 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) Nativeamericanjobs.com makes no representations or guarantees regarding the Content of the SiteS, including, but not
limited to, broken links, inaccuracies or typographical errors.
(iv) NATIVEAMERICANJOBS.COM MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE
EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT
OBJECTIVES. NATIVEAMERICANJOBS.COM 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 NATIVEAMERICANJOBS.COM (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 NATIVEAMERICANJOBS.COM 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 NATIVEAMERICANJOBS.COM'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 NATIVEAMERICANJOBS.COM (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 NATIVEAMERICANJOBS.COM, THE AMOUNTS ACTUALLY PAID BY
YOU TO NATIVEAMERICANJOBS.COM 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 Nativeamericanjobs.com will be entitled
to equitable relief upon a breach of this agreement by you.
6.5 User Authentication. Because User authentication on the Internet is difficult, Nativeamericanjobs.com cannot and does
not confirm that each User is who they claim to be. Because Nativeamericanjobs.com does not and cannot be involved in
User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more
Users, you release Nativeamericanjobs.com 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.
6.6 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."
7. Payment of Services upon Termination of Service Activation Agreement. 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 Terms and
Conditions have been incorporated by reference, then Nativeamericanjobs.com shall reserve the right to receive all payments
from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the
8. Links to Other Sites. Nativeamericanjobs.com contains links to third party web sites. These links are provided solely as a
convenience to you and not as an endorsement by Nativeamericanjobs.com of the contents on such third-party web sites.
Nativeamericanjobs.com 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 sites. If you decide to access linked third-party web sites,
you do so at your own risk.
9. Amendments to this Agreement and Changes to Sites. Nativeamericanjobs.com 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 the 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 Nativeamericanjobs.com unless Nativeamericanjobs.com agrees to them in a signed writing specifically including
those new or different terms. Nativeamericanjobs.com may change the Sites at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless Nativeamericanjobs.com (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. Nativeamericanjobs.com
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.
11.1 When you register on any of the Nativeamericanjobs.com Sites or in connection with the Services, you will be asked to
create an account and provide Nativeamericanjobs.com with certain information, including but not limited to, a valid email
address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
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.
12. Questions and Notices. Questions concerning the use of the Sites should be directed to Feedback. Notices to
Nativeamericanjobs.com should be sent to the address listed on the Sites. We will send notice to you at the address submitted
by you or to such other address as Nativeamericanjobs.com reasonably determines is an appropriate address for you.
13. General. Nativeamericanjobs.com contact information is listed on the Sites. Nativeamericanjobs.com 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
Nativeamericanjobs.com 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 Illinois, 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 Illinois. The sole relationship between you and Nativeamericanjobs.com 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 Nativeamericanjobs.com 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
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a
complete list of all posting, conduct and security rules.
14.1 Posting Rules:
(a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related
pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (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.
(b) 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, any pyramid scheme or "club membership"); provided, however that
Nativeamericanjobs.com may allow posting of certain training and business opportunities (see 14.1(e) below).
(c) 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.
(d) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job
openings in a single posting.
(e) In limited circumstances, at Nativeamericanjobs.com's sole discretion, Nativeamericanjobs.com allows non-traditional job
postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on
the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position.
Nativeamericanjobs.com reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job
posting if Nativeamericanjobs.com deems such job posting to conflict with the best interests of its Users or detract from the
(f) 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.
(g) Nativeamericanjobs.com is under no obligation to monitor the Documents posted on the Sites, but it may monitor
Documents at random. Documents found to violate the above Posting Rules may be removed at Nativeamericanjobs.com's sole
14.2 Conduct Rules:
(a) 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
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. Your Nativeamericanjobs.com account and any related Services accessed through such account are to
be accessed and used solely by you. Upon your successful registration for a Nativeamericanjobs.com 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 Nativeamericanjobs.com 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 Sites, you risk losing your access to the Sites. You agree to notify
Nativeamericanjobs.com immediately of any unauthorized use of your account or password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time Nativeamericanjobs.com comes to the understanding that you: (i) misled Nativeamericanjobs.com regarding
your business practices and/or services, or (ii) purchased services that do not represent your precise business,
Nativeamericanjobs.com reserves the right to terminate your Agreement.
14.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Sites, 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 Sites, 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.
(b) Violation of these Security Rules may result in civil or criminal liability. Nativeamericanjobs.com 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.
15. Copyright Complaints.
15.1 Nativeamericanjobs.com respects the intellectual property of others. It is Nativeamericanjobs.com's policy to respond to
claims of copyright and other intellectual property infringement. Nativeamericanjobs.com 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, Nativeamericanjobs.com 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. Nativeamericanjobs.com will terminate access for Users who are repeat infringers.
15.2 Notifying Nativeamericanjobs.com of Copyright Infringement: To provide Nativeamericanjobs.com notice of an
infringement, you must provide a written communication. 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.
15.3 Providing Nativeamericanjobs.com 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.
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.
Please note that Sections 16 and 17 below contain terms and conditions relating to specific Services (Resume Database and
Workforce Analytics) and you should review those Sections closely if you are purchasing or using any of those specific Services.
16. Additional Terms in Connection with Use of Resume Database. If, in your Service Activation Agreement with
Nativeamericanjobs.com, you are purchasing Resume Database access, the following additional terms apply to you:
16.1 Nativeamericanjobs.com grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the
Nativeamericanjobs.com Resume Database via the Sites for the purpose of viewing and/or downloading a single copy of
available paper and/or video resumes (collectively "Resumes") solely for your use.
16.2 The Resume Database is to be accessed and used solely by those Users whom you authorize to access the Resume Database
through your account (each an "Authorized RDB User"). Each Authorized RDB User will be issued a unique Resume Database
Seat (a "Seat") through which they can perform the actions described in 16.1. Each Seat must be purchased in advance by you
and may be accessed by using unique login credentials. You are only permitted to assign one Seat per Authorized RDB User and
Authorized RDB Users may not share their login credentials or Seat access amongst themselves, with any other co-workers or
with any other third parties.
16.3 Authorized RDB Users may download, one at a time, up to either 50 Resumes per day (per Seat) or 3000 Resumes per
month (per Seat) depending on the Resume Database product purchased by you in accordance with the terms of your
Agreement. Please note that the term "download" shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume
to a folder; (iii) printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that
results or could result in your use of a Resume or any of the information contained therein.
16.4 Neither you nor your Authorized RDB Users may use the Resume Database in any way which, in Nativeamericanjobs.com's
sole judgment, adversely affects Nativeamericanjobs.com's business, business prospects, the performance or function of any Site
or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database. Further, use of the
Resume Database by you or by your Authorized RDB Users may not interfere with or violate, in any manner, the privacy
election of Nativeamericanjobs.com Job Seekers. You understand and agree that any violation of section 16 will give
Nativeamericanjobs.com the right to immediately terminate any and all access to the RDB and to terminate any corresponding
16.5 You and your Authorized RDB Users may use your subscription to the Resume Database only for seeking candidates for
employment and are specifically prohibited from using information contained in the Resume Database to (i) sell or promote any
products or services, (ii) send emails that, in Nativeamericanjobs.com's sole judgment, are excessive in frequency or are
irrelevant to a particular Job Seeker or (iii) take any other action that is, in Nativeamericanjobs.com's sole judgment, inconsistent
with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule,
16.6 Nativeamericanjobs.com may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the
Resume Database at any time. By permitting access to the Nativeamericanjobs.com Resume Database, Nativeamericanjobs.com
does not convey any interest in or to the Resume Database or any other Nativeamericanjobs.com property or Services. All right,
title and interest in and to the Resume Database is and shall remain in Nativeamericanjobs.com.
17. Additional Terms in Connection with Use of Workforce Analytics Services. If, in your Service Activation Agreement
with Nativeamericanjobs.com, you are purchasing any of our Workforce Analytics Services, the following additional terms apply
17.1 Use of Reports. Nativeamericanjobs.com hereby grants you a limited, non-exclusive, non-assignable (except as otherwise
provided in this Agreement), worldwide right and license to: (a) store and use any Workforce Analytics Services for your internal
management, reference or informational purposes, and (b) distribute copies of any reports generated by the Workforce Analytics
Services (each a "Report"), subject to the conditions that (i) such copies may be distributed only in printed or static electronic
PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other
consideration, and (iii) you shall not remove or modify any branding, marks, copyright or trademark notices, or any other notices
or disclaimers set forth in any Report without Nativeamericanjobs.com's prior written consent, or otherwise modify the Report
in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public
statements regarding any Report, or the contents or conclusions in same, without the express written consent of
17.2 Use of Your Data. If you have purchased Workforce Analytics Services, then you may provide Nativeamericanjobs.com
with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job
Seekers sourced from your own files ("Job Seeker Data"). You hereby grant Nativeamericanjobs.com a non-exclusive license to
use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain
the Services for Company's use. Notwithstanding the foregoing, you understand and agree that Nativeamericanjobs.com may
derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 4.6.