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Terms & Conditions
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LEGAL NOTICE
This page states the "Terms and Conditions" under which you may use VacantCube.com (the "Web Site). Please read the following agreement carefully. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. If you do not accept the Terms and Conditions stated here, do not use this Web Site or its services. VacantCube.com, Inc. (the "Company") reserves the right to revise these Terms and Conditions at any time by updating this posting and without prior notice to you. You should visit this page periodically to review the Terms and Conditions, because they are binding on you each time you access this Web Site and services. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

USE OF MATERIAL
The Company authorizes you to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use. "Material" is any text, graphics, photos, images, music, sounds, video, button icons, HTML, software, code, information, and articles found at this Web Site. The contents of this Web Site, such as the "look" and "feel" of the Web Site and other "Material", are protected under both United States and foreign copyright, trademark and other laws. By using this Web Site, you agree that all content is the sole property of the Company and may not be reproduced without prior written permission. All Material is protected under US and International copyright, trademark and other laws. All Material is the property of the Company. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not copy, sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

PROHIBITED SITE USE The Web Site may be used only for lawful purposes by individuals seeking employment opportunities and career information and employers seeking candidates. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

  1. Posting or transmittal of any content that is obscene, indecent, abusive, vulgar, hateful, offensive, threatening, libelous, torturous, unlawful, fraudulent, threatening, harassing, profane, sexually oriented, racially offensive, defamatory or otherwise objectionable.


  2. Posting or transmittal of any content that infringes on the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others.


  3. Posting or transmittal of any content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the resume of an individual other than yourself).


  4. Transmittal of any content that is encrypted, constitutes junk mail (spamming), chain letters, pyramid schemes, any franchise, "club membership", unsolicited advertising, promotional, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents.


  5. Impersonation of any person or entity, including without limitation a Vacantcube.com employee or agent, an authorized user of Vacantcube.com's services, a candidate, placement specialist or an employer. Misrepresentation of an affiliation with a person or entity. Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).


  6. Deleting or revising any material posted by any other person or entity not related to you.


  7. Attempting to decipher, de-compile, disassemble or reverse engineer any of the application software comprising or in any way making up a part of the Web Site.


  8. Posting, transmitting, distributing, storing, uploading, or destroying material knowingly (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.


  9. Framing of or linking to any Material available from the Web Site.


  10. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.


  11. Disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.


  12. Knowingly violating or attempting to violate the security of the Web Site, including, without limitation knowingly: accessing data not intended for such user or logging into a server or account that the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mail bombing" or "crashing"; sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.


  13. Using any device, software, or routine to mechanically "spider", "scrape" or otherwise extract data posted to Vacantcube.com. This includes but is not limited to: resume data extraction programs, and job extraction data programs. Such use of any program may result in the termination of user account, with no refund, and may subject user to any or all legal action at our disposal.


  14. Printing out or otherwise copying or using any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company, in the case of an employer, or for presentation to a client in the case of a search firm is strictly prohibited.


  15. Communicating, sending, or placing unsolicited e-mail (SPAM), telephone calls, mailings or other contacts to posting individuals and entities. Registering an e-mail address that you do not own or for which you do not have the express permission of the owner to register. Vacantcube.com does not tolerate unsolicited commercial email (SPAM). Vacantcube.com users involved in such activity will have their accounts suspended, with no refund and Vacantcube.com will take any and all legal action at their disposal.


  16. Knowingly taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.


  17. Except as permitted hereunder, aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site, without prior written consent.


REGISTRATION AND PASSWORDS
Use of any password-protected area of the web site is restricted to the registered user(s) who have been given permission and a password to enter such area ONLY. This password cannot be distributed to others, and the registered user is responsible for any and all damages to Vacantcube.com resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Vacantcube.com of any unauthorized use of your registration or password.

USER INFORMATION
When you register for this Web Site as a candidate or employer, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information that you place on this web site. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.

USER SUBMISSIONS
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by candidates or employers at this site nor does the Company endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company acts as a passive conduit 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 material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting content to any public or non-public area of the Web Site, including but not limited to: job postings, resume postings, message boards, forums, contests, chat rooms, testimonials areas, you grant Vacantcube.com and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

JOB POSTINGS
All job postings run for 60 days. When you refresh, copy, or add additional locations to your job postings, this constitutes an additional purchase of a job posting for each occurrence. VacantCube.com will bill you, and this will be payable by you in accordance with VacantCube.com's current prices.

Your job posting may not contain any copyrighted materials (unless they are your own copyrights); any inappropriate material, meaning anything that is threatening, abusive, hateful, sexually explicitly, obscene, or libelous. You may not use your posting or document to post anything misleading or false. You may not advertise or solicit "business" opportunities (meaning franchises, distributorships, Multilevel Marketing positions, etc.). You may not post any type of pyramid opportunity. You may not link to any Website through your posting, and you may not list any URL. This constitutes an advertisement of your company rather than your job.

You are only permitted to post ads for real jobs. Job postings must be individual openings for traditional, W-2 or 1099 employees. Postings that Vacantcube.com does not allow include, but are not limited to: Positions that require a monetary investment by the job seeker at any time; Advertisements for Multi-Level Marketing (MLM) positions; Email processing types of positions Project 21, SJ Gabel or for joining Affiliate types of programs; Business opportunities, that require a jobseeker to purchase a kit, additional documents, tapes, workbooks, attend a seminar, etc; Anything related to the adult entertainment industry. (URLs are not allowed in postings)

Postings that are defined as "work at home" or "Business Opportunities" must be posted in the section designated as "Work at Home / Business Opportunities," additionally those postings that require a jobseeker to purchase a kit, additional documents, tapes, workbooks, attend a seminar, or make a financial investment of any kind must be clearly stated within the advertisement. Vacantcube.com maintains the right to place/move a posting into the "Work at Home/Business Opportunities" at its sole discretion. Accounts that are determined to be posting "Work at Home / Business Opportunity" advertisements will be restricted to only being allowed to post within the "Work at Home / Business Opportunities" categories.

All information contained in postings must be clear and accurate, not misleading in any way, containing sufficient detail. Postings must contain enough information to allow a Job Seeker to make a reasonable informed decision as to whether to apply or not apply.

VacantCube.com is under no obligation to review, monitor, or check any job postings. We cannot monitor every posting to Vacantcube.com, nor do we take responsibility for the content posted by our users. We do, however, randomly monitor postings to ensure compliance with these Terms and Conditions of Use.

Postings or other documents that violate any of the rules as stated on the site may be removed without warning. Interpretation of the rules is at the sole discretion of Vacantcube.com. Posting on Vacantcube.com is a privilege. Vacantcube.com reserves the right to suspend that privilege on an individual basis for any reason. User waives all rights and remedies for a refund of fees paid if in it's sole discretion Vacantcube.com removes a posting for violating our posting terms and conditions.

RESUME VIEWING AND USE
You are permitted to view up to 300 resumes per day. Users found to be in violation of this term may have their registration terminated without warning and without refund. If you are a search firm or third party recruiter you must obtain a candidate's consent prior to presenting said candidate to a potential employer.

LINKS TO OTHER SITES
The Web Site contains features and functionalities that may link you or provide you with access to third party content which is completely independent of VacantCube.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. These links are provided solely as a convenience to you and not as an endorsement by Vacantcube.com of the contents on such third-party Web sites. Vacantcube.com is not responsible for the content of any 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.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that VacantCube.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that VacantCube.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release VacantCube.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

TERMINATION
The Company reserves the right to terminate your ability to access the Web Site, for any reason, without notice. If the Company determines you have breached any portion of the Terms and Conditions, the Company reserves the right to (a) warn you of your breach by e-mail or written means, (b) delete content provided by you (such as resumes or job listings), (c) notify and cooperate with the proper authorities for further legal action, and (d) continue with any other action which the Company deems appropriate for the situation. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site.

CREDIT CARD POLICY
Your credit card transaction and order is reviewed and verified by our computer software; (b) Your credit card is then charged, credit card authorization and verification are placed on the order from our credit card processor; (c) Once your order has been entered thru our computer system, a Purchase ID is automatically assigned to your order. A detailed invoice of your transaction along with the Purchase ID will be emailed to you immediately following your transaction. A hard copy invoice is available upon request; (d) Our intention is to provide the best service to you before and after the sale. If you need to contact us you may call our customer service department at 1-202-291-1231. Your satisfaction is our number one priority; (e) Return Policy. Customers purchasing online products through the VACANTCUBE.COM website are able to begin enjoying the benefits of the products instantaneously. Given the unique nature and immediate benefits of the job posting product and the different subscription products, VACANTCUBE.COM has a strict "no return, no refund" policy.

SPECIFIC DAMAGES
In light of the difficulties in proving a violation of these Terms and Conditions, the costs associated with proving a violation of these Terms and Conditions and the injury to VACANTCUBE.COM that results from a violation of these Terms and Conditions, you acknowledge and agree that you will pay to Vacantcube.com a sum of not less than $5.00 for each violation of these Terms and Conditions and the Acceptable Site Use provisions and Prohibited Site Use provisions contained therein. For purposes of this section, each individual instance of unauthorized copying, distributing, or use of VACANTCUBE.COM's property, including but not limited to, individual resumes and individual job ads, each individual instance of spamming through the use of information obtained from the VACANTCUBE.COM website, each individual resume spidered from the VACANTCUBE.COM website and each instance of electronic downloading of a resume from the VACANTCUBE.COM website shall constitute a separate and distinct violation of these Terms and Conditions and you, therefore, agree to pay to VACANTCUBE.COM a sum of not less than $5.00 for each such violation. By way of example, if a user, without authorization, downloads 10,000 copies of any item of VACANTCUBE.COM property or sends 10,000 emails that constitute spam, as determined and measured solely by VACANTCUBE.COM, then the user agrees to pay to VACANTCUBE.COM a sum of $50,000.00 for such conduct.

DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL VACANTCUBE.COM OR ANY OF ITS SUBSIDIARIES OR PARENTS BE LIABLE TO ANY USER OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABLITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

VACANTCUBE.COM DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, VACANTCUBE.COM IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VACANTCUBE.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT. VACANTCUBE.COM ALSO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THE SITE.

VACANTCUBE.COM LIABILITY
Vacantcube.com is only a venue. The Web Site acts as a venue for (i) companies to post job opportunities and (ii) for candidates to post their own resumes for the purpose of evaluating job opportunities for themselves. Vacantcube.com does not screen or censor the profiles or other information. Vacantcube.com is not involved in the actual transaction between Member Companies and / or companies and candidates. As a result, Vacantcube.com has no control over the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings, the ability of companies to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. Because user authentication on the Internet is difficult, Vacantcube.com cannot, and does not, confirm that each user is who they claim to be. Because Vacantcube.com cannot, and does not, become involved in user-to-user dealings or control the behavior of participants on Vacantcube.com, in the event that you have a dispute with one or more users, you release Vacantcube.com (and our agents and employees) from claims, demands and damages (actual and consequential, 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. If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You acknowledge that Vacantcube.com does not control, and is not under any legal obligation to control the information that is made available through the Vacantcube.com web site, and is provided by other users. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.

The Material may contain inaccuracies or typographical errors. Vacantcube.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job posting or other material contained therein placed by you or your agents on the Web Site. Companies are solely responsible for their postings on the Web Site.

Vacantcube.com does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user. Vacantcube.com is not to be considered to be an employer with respect to your use of the Web Site and Vacantcube.com shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs or candidate profiles on the Web Site.

INDEMNITY
You agree to defend, indemnify, and hold harmless VACANTCUBE.COM, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. VACANTCUBE.COM shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized commercial use of the Web Site.

ADDITIONAL TERMS OF USE
Certain areas of this Web Site are subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

COSTS ASSOCIATED WITH THE ENFORCEMENT OF THESE TERMS & CONDITIONS
The user further agrees to be responsible for all costs incurred by VACANTCUBE.COM in enforcing these Terms and Conditions. Such costs include, but are not limited to, VACANTCUBE.COM's reasonable attorneys' fees, all litigation costs associated with the enforcement of these Terms and Conditions, all fees paid to experts in determining, proving and litigation any violation of these Terms and Conditions and any other costs incurred by VACANTCUBE.COM in the enforcement of these Terms and Conditions.

GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, as if entered into and to be wholly performed in Virginia and without regard to Virginia conflicts of law principles, and any claim or suit arising out of or relating to these Terms and Conditions may be brought and maintained only in a court of competent subject matter jurisdiction in the Commonwealth of Virginia, with each party hereby voluntarily submitting to the personal jurisdiction thereof.

GENERAL
VACANTCUBE.COM makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the Commonwealth of Virginia. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Except as expressly provided in the Terms and Services, additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and Vacantcube.com with respect to the use of Web Site.

No changes to these Terms and Conditions shall be made except by a revised posting of the Terms and Conditions located on the Website.

Questions concerning Vacantcube.com's Terms and Conditions, should be addressed via email to info@vacantcube.com.

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