Terms of Service
To use HarmonyJobs.com, you must agree to these terms and conditions of service. Please read carefully before proceeding.
Welcome to HarmonyJobs, a service mark of HarmonyJobs LLC. The HarmonyJobs website (http://www.harmonyjobs.com) (the “Site”) is comprised of various web pages operated by HarmonyJobs LLC (“the Operator”). “HarmonyJobs” refers to HarmonyJobs LLC and its services, including the website. HarmonyJobs is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of HarmonyJobs constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
As used in these Terms of Service, the terms “you” and “user” mean any individual or entity accessing the Service, including without limitation, posting organizations and individuals seeking job opportunities, “Jobseeker” means any individual accessing the Service for purposes of seeking employment or obtaining career information, and “Employer” means any individual or entity accessing the Service for purposes of seeking job candidates and posting job listings.
Use of Content
HarmonyJobs.com is a job posting service for employers and a job search service for jobseekers. We also provide recruitment services for employers (subject to a contractual agreement). All users must be of legal working age in their state of residence and attest that they have the legal ability to work in the United States if Jobseeker or hire staff or contract workers if an Employer.
We own exclusively all content appearing on or otherwise a part of the Service, including, but not limited to, graphics, logos, text, data, Your Content (as described below), page layout and the look and feel of the web pages (collectively, the “Content”). The Content is protected under U.S. and international copyright laws. Except for the license granted herein, your use of the Service gives you no rights in our copyright, trademarks, trade secrets, or any other intellectual property rights.
For Jobseekers, we grant to you a personal, non-transferable and non-exclusive right to access, display and use the Content for your use solely in connection with seeking employment, and to print pages from the Service solely in connection with such use. We reserve all other rights. All use must be in accordance with these Terms of Service. No portion of the Content may be modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity. The license and rights granted to you in these Terms of Service shall terminate automatically if you breach any of these Terms of Service.
You may not incorporate the Content into another database, search engine or networked computer environment of any kind without express written consent. You may not create a web site that frames the Service or any proprietary information located on the Service, including any Content. You may not access the Content by means of any automated processes, spiders, bots or similar devices without written authorization. You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from, any software accessible or available through the Service, or sell, assign, sub-license or otherwise transfer any right in such software.
By posting a job listing on the Service or by otherwise using the Service, you grant to us a royalty-free, perpetual, irrevocable, non-exclusive license and full right to use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from such job listings or other content you post on, or input into, the Service (“Your Content”). You warrant to us that the holder of any rights, including any moral rights, in Your Content, has waived all such rights and has irrevocably granted to you the right to grant the licenses described above.
Use of the Service
You may only use the Site to locate job opportunities, obtain career information and seek job candidates, as described above. You covenant, represent and warrant that you will adhere to and be in full compliance in all material respects with all applicable federal, state and local laws, codes, ordinances, rules and regulations, including, without limitation those relating to employment. Without limiting the foregoing in any way, you must not (among other things): (a) use the Service for any fraudulent, illegal, defamatory, harassing, offensive or otherwise wrongful or inappropriate activity including, but not limited to, the posting of sexually explicit material or content inappropriate for viewing by minors, or content which is likely to offend or criticize any employer, employee, job seeker, or other group or portion of society, (b) post any content where such posting constitutes the infringement or violation of any right of any third party, or (c) use the Service in a manner that violates any applicable law or regulation. You agree not to engage in any activity that would impair the proper functioning of the Service and its Content, including intentionally taking any action that would impose an unreasonable or disproportionably large load on the Service or our infrastructure or intentionally uploading, posting or otherwise transmitting through or on the Service any viruses or other harmful, disruptive, or destructive files or disabling devices. Specifically, you agree not to post any false or misleading postings, interfere with, or modify the postings or functioning of any part of the Service, or engage in any activity to defeat any security or feature of the Service. You may not post any franchise or other business opportunity which requires an initial or periodic payment, pays an insignificant salary or commissions only, or requires recruitment of other members or sub-agents.
Not an Employer or Recruiter (Direct Postings)
With the exception of our full-service recruitment offerings (which requires a contract between you and HarmonyJobs), HarmonyJobs is not and is not to be considered to be an employer, posting organization, job placement agency or recruiter (or an agent of any such person or entity) with respect to you or your use of the Service. We do not make or participate in, and shall not be responsible for any employment decisions or other actions, practices or policies of any kind, for whatever reason made, by any person or entity posting jobs on or otherwise using the Service. In other words, if you post a job directly on our website, HarmonyJobs is not responsible for the recruitment or employment of candidates for the position(s) you post.
Employers who wish to use our recruitment services, for which we recruit candidates on their behalf, should contact us directly. Without a written agreement, HarmonyJobs is not, and is not considered, your agent, recruiter, or posting agency. All terms and conditions contained within a written agreement between an employer and HarmonyJobs supercedes these Terms of Service.
Disclaimer of Content
Your communications and postings (including those by your employees or agents) on the Service are solely your responsibility. We are not responsible for screening or monitoring material or information posted by users. We do not prepare or edit communications or postings, screen communications or postings in advance, or review or confirm the accuracy or appropriateness of any Content or postings on the Service, but we reserve the right (but not the obligation) to review and reject any information, in our sole discretion, that we believe to be contrary to these Terms of Service. We reserve the right to remove any Content, deactivate any account, or otherwise terminate access to the Service at any time for any reason with or without notice in our sole discretion, including without limitation, for violation of any of these Terms of Service, or if otherwise compelled by court order. If notified by a user of any communication or posting which allegedly does not conform to these Terms of Service, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove, or request the removal of, the communication or posting. We have no liability or responsibility to users for the performance or nonperformance of such activities. We do not endorse or sponsor in any way the activities, products, services, practices or policies of any Employer that posts information on or that uses or serves as part of the Service. Any and all content, facts, assertions or other information in any posting by any posting organization or other user is solely the action and responsibility of the posting person or entity, not us. We accept no responsibility for the Content (including without limitation for the accuracy, completeness or appropriateness of any such Content), or the hiring or other actions, practices or policies of Employers or other users of the Service. Users, including without limitation Employers and Jobseekers, also bear sole and complete responsibility for determining whether any posting or pursuit of any job opportunity would be consistent with any contractual or other obligations (if any) that they may have to any other person or entity, including, without limitation any confidentiality or fiduciary obligation to any third party.
Privacy
User Data
We maintain the confidentiality of information submitted to us by Employers seeking job candidates that is not included in their posting or profile. Job seeker profiles and accounts should be considered “public” and may be viewed by employers and those that employers have given access to their accounts.
Electronic Communications
Visiting the Site or sending emails to HarmonyJobs constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
HarmonyJobs does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use HarmonyJobs only with permission of a parent or guardian.
Refunds
Once a purchase has been made through the Service, refunds will not be made. Under extraordinary circumstances exceptions might be made on a case-by-case basis, at our sole discretion.
Links to third party sites/Third party services
HarmonyJobs may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HarmonyJobs and the Site is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HarmonyJobs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement the Site or any association with its operators.
Certain services made available via HarmonyJobs are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.harmonyjobs.com domain, you hereby acknowledge and consent that HarmonyJobs may share such information and data with any third party with whom HarmonyJobs has a contractual relationship to provide the requested product, service or functionality on behalf of HarmonyJobs users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use HarmonyJobs strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to HarmonyJobs that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of HarmonyJobs or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. HarmonyJobs content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HarmonyJobs and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HarmonyJobs or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your HarmonyJobs account to third party accounts. By connecting your HarmonyJobs account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by HarmonyJobs from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Site Content accessed through http://harmonyjobs.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless HarmonyJobs, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HarmonyJobs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HarmonyJobs in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HARMONYJOBS.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HARMONYJOBS.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HARMONYJOBS.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARMONYJOBS.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HARMONYJOBS.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination, access restriction, and jurisdiction
HarmonyJobs reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HarmonyJobs as a result of this agreement or use of the Site. HarmonyJobs’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HarmonyJobs’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by HarmonyJobs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HarmonyJobs with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HarmonyJobs with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
HarmonyJobs reserves the right, in its sole discretion, to change the Terms under which http://harmonyjobs.com is offered. The most current version of the Terms will supersede all previous versions. HarmonyJobs encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
HarmonyJobs welcomes your questions or comments regarding the Terms:
Email Address: info@harmonyjobs.com
Phone: (312) 554-5260
Effective as of December 15, 2012
