ACCEPTANCE OF YAHOO! TERMS
Welcome to Yahoo! HotJobs OFCCP Features (the "OFCCP Features"). By clicking the "I Accept" button below and enabling the OFCCP Features, you agree to these Additional Terms, which may be updated by us from time to time without notice (except as otherwise set forth herein). Your continued use of the OFCCP Features will be deemed to constitute your acceptance of any and all such modifications. You can review the most current version of these Additional Terms at any time at http://info.yahoo.com/legal/us/yahoo/hotjobs/hotjobs-294.html . These Additional Terms supplement, and are hereby incorporated by reference into, the Agreement pursuant to which You are receiving job post or resume search services (the "Services") from Yahoo! HotJobs. If you do not accept the Additional Terms, you will not be granted the right to use the OFCCP Features and must press the "I Reject" button below.
IMPORTANT DISCLAIMER: The OFCCP Features are provided only to help you honor your new regulatory obligations under the Internet Applicant Final Rule (the "Rule"), which became effective on February 6, 2006, with minimal disruption. It is ultimately your obligation to seek legal advice through your company, follow your company policies for compliance and use the OFCCP Features in such a way as to be compliant. The mere use of the OFCCP Features does not ensure compliance with the Rule. You acknowledge that you remain solely responsible for your compliance obligations and that Yahoo! does not assume any responsibility for your compliance obligations by provision of the OFCCP Features. Please carefully read all of these Additional Terms, including the sections entitled Disclaimer of Warranties and Limitation of Liability.
DESCRIPTION OF SERVICE
The OFCCP Features provide functionality to help you honor your new regulatory obligations under the Rule with minimal disruption. The OFCCP Features include data storage for a period of time. You must download all of your data prior to the expiration of your Services, as you will not have access to your data once your Services expire. Yahoo! may in the future charge a fee for use of portions, or all, of the OFCCP Features. In such event, Yahoo! will provide notice of any such charges.
PERMITTED USE
You may only use the OFCCP Features consistent with your obligations under federal law and, by enabling OFCCP Features, you agree that you will not use the OFCCP Features for any other purpose. You accept all liability regarding your use or misuse of the OFCCP Features.
CERTIFICATION
If you elect to use the OFCCP Features to solicit race, ethnicity or gender information from potential applicants, you certify that you will use such information solely for the purpose of compliance with federal recordkeeping and affirmative action requirements, and you will not use such information for hiring, placement or any other decision relating to terms and conditions of employment or for any other purpose inconsistent with your federal reporting obligations or your affirmative action and nondiscrimination programs. If you elect to download race, ethnicity or gender information data stored through use of the OFCCP Features, you certify that you will use such data solely for the purpose of compliance with federal requirements.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Yahoo! may establish general practices and limits concerning use of the OFCCP Features, including without limitation the number and frequency of reports you may request and the maximum period of time that data will be retained. You further acknowledge that Yahoo! reserves the right to change these general practices and limits at any time, in its sole discretion, with notice.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE OFCCP FEATURES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF, OR INABILITY TO USE, THE OFCCP FEATURES IS AT YOUR SOLE RISK. YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO, AND EXPRESSLY DISCLAIM ANY, GUARANTEES, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (1) THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THAT THE OFCCP FEATURES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND (3) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFCCP FEATURES WILL BE ACCURATE OR RELIABLE.
YAHOO! ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR FAILURE TO STORE ANY OF YOUR DATA. ANY DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFCCP FEATURES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAHOO! OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL CREATE ANY WARRANTY OR CONSTITUTE LEGAL ADVICE. IT IS YOUR OBLIGATION TO FOLLOW YOUR ORGANIZATION'S COMPLIANCE POLICIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAHOO! AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF, OR THE INABILITY TO USE, THE OFCCP FEATURES; (ii) THE STORAGE OR DELETION OF, OR FAILURE TO STORE, ANY DATA; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE OFCCP FEATURES.
INDEMNITY
You agree to indemnify, defend and hold Yahoo! and its subsidiaries, affiliates, officers, directors, employees, agents, contractors, partners and licensors harmless from and against any liability, loss, injury, demand, action, cost, expense (including reasonable attorneys' fees), or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use, or misuse, by you of the OFCCP Features.
MODIFICATIONS TO OFCCP FEATURES
Yahoo! reserves the right to modify or discontinue, temporarily or permanently, the OFCCP Features with notice. You agree that Yahoo! shall not be liable to you or any third-party for any modification or discontinuance of the OFCCP Features.
TERMINATION
Yahoo! may terminate your access to the OFCCP Features if Yahoo! believes that you have violated or acted inconsistently with the letter or spirit of these Additional Terms.
NOTICE
Yahoo! may provide you with notices, including those regarding changes to these Additional Terms, by email, regular mail or postings on the Yahoo! HotJobs website.
GENERAL
The failure of Yahoo! to exercise or enforce any right or provision of these Additional Terms shall not constitute a waiver of such right or provision. If any provision of these Additional Terms is found by a court or other decision-making authority of competent jurisdiction to be invalid, the parties nevertheless agree that the remainder of the provision will be enforced so as to effect the intention of the parties, and the validity and enforceability of all other provisions in these Additional Terms will not be affected or impaired.
The section titles in these Additional Terms are for convenience only and have no legal or contractual effect.
ARBITRATION AND STATUTE OF LIMITATIONS
You must raise any controversy or claim arising out of or relating to the OFCCP Features (a Dispute), regardless of any statute or law to the contrary, within one (1) year after such Dispute arose or be forever barred. Any Dispute shall be settled through consultation and negotiation in good faith and a spirit of mutual cooperation for up to fifteen (15) days commencing on the date when notice of a Dispute is provided. However, if those attempts fail, any Dispute will be determined by arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules, subject to the following provisions:
You and Yahoo! will select one (1) independent arbitrator who is experienced in and knowledgeable about the Internet industry. If we do not agree on the identity of the arbitrator within five (5) Business Days of the commencement of the arbitration, either you or Yahoo! may apply to the AAA for the appointment of an arbitrator who will have, to the extent possible, the qualifications set out in this paragraph;
The arbitrator will be empowered to award only those damages that are permitted in these Additional Terms, subject to any disclaimers of damages and liability limits set forth in these Additional Terms. The arbitrator will have no jurisdiction to materially modify or amend the limitations of liability set forth in this Agreement. A decision of an arbitrator will be final and binding and there is no right of appeal therefrom, unless in accordance with applicable law. Subject to the exercise of any right of appeal under applicable law, judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.