Legal Notice
The Terms of Service on this page are the terms and
conditions under which you may use the NonprofitOyster.com site and services
offered to you by NonprofitOyster, Inc. ("We" or "Us") and
our partner JobTarget. You should read the Terms of Service carefully. Any use
of the NonprofitOyster.com site ("this Site") or related services
indicates your acceptance to be bound by these terms. We may change the Terms
of Service at any time by posting the amended terms on this Site, so you should
visit this page periodically to review any amendments in the Terms of Service.
Unless we state otherwise, all amended terms will automatically be effective
thirty (30) days after they are initially posted on this Site. We last revised
the Terms of Service on August 16, 1006. As used in the Terms of Service, the
terms "You" and "User" mean any individual or entity
accessing the NonprofitOyster, Inc. site and our partner JobTarget.
Use of Content
We own exclusively all content on this Site, including, but not limited to,
graphics, logos, text, data, Your Content, as described below, page layout and
look and feel of the web pages (the "Content"). The Content is
protected under
For those seeking jobs, we grant to you a personal, non-transferable and
non-exclusive right to access and use the Content for your use solely in
connection with seeking employment. 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.
You may not incorporate the Content into another database, search engine or
networked computer environment of any kind. You may not access the Content by
means of any automated processes, spiders, bots or similar devices. 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 NonprofitOyster.com, or sell, assign,
sub-license or otherwise transfer any right in such software.
By posting a job listing on the NonprofitOyster.com website or by otherwise
using the site, 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, NonprofitOyster.com ("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 Site
You may only use NonprofitOyster.com to locate job opportunities, obtain career
information and seek job candidates, as described above. You must not (a) use
the site for any fraudulent, illegal, harassing or offensive activity
including, but not limited to, the posting of sexually explicit material or
content inappropriate for viewing by minors, or which is likely to offend or
criticize any employer, employee, group or portion of society, and (b) post any
content where such posting constitutes the infringement or violation of any
right of any third party. You agree not to engage in any activity that would
impair the proper functioning of NonprofitOyster.com and its Content.
Specifically, you agree not to post any false or misleading postings, interfere
with, or modify the postings or functioning of any part of the site on
NonprofitOyster.com, or engage in any activity to defeat any security or
feature of NonprofitOyster.com. 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.
Disclaimer of Content
Your communications on NonprofitOyster.com are your responsibility. We do not
review or confirm the accuracy of any Content or postings on
NonprofitOyster.com, but we reserve the right to review and reject any
information we believe to be contrary to the Terms of Service. We reserve the
right to remove any Content, deactivate any account, or otherwise terminate
access to our site for violation of any of the Terms of Service, or if
otherwise compelled by court order. We do not endorse or sponsor in any way the
activities, products, services or policies of any person or company that posts
information on or that serves as part of NonprofitOyster.com. We accept no
responsibility for the accuracy or completeness of any Content posted, or the
hiring practices or policies of employers.
User Data
We maintain the confidentiality of information submitted to us by individuals
seeking employment and employers and recruiters seeking job candidates, as
described in our Privacy Statement.
Customer Accounts
Customer accounts for those submitting job postings are accessible only by
selecting and using a unique email address and password. You can change your
password and account status at any time using our features. You should have
your email address and password ready to validate your authority to make such
changes. Our representatives are not authorized to access your data unless you
request such access as a professional service, or you make an account inquiry
that requires such access, or in the process of deactivating an account in
default we require such access (see "Termination" below).
We recommend that you keep your email addresses and passwords secure to protect
against unauthorized access to your accounts. You are responsible for
maintaining the confidentiality of your email address and password, which grant
access to your accounts. In the event that an email address and/or password is
lost or stolen, you should immediately send an email to our customer service
department at clientserv @ jobtarget.com or call 888-575-9675.
Termination
If you are a Jobseeker, we may terminate or suspend your ability to access this
Site, the Content and any other service we may provide to you at any time for
any reason, with or without notice.
Disclaimer of Liability
This site provides links or posting to career sites maintained by parties other
than us and our partner JobTarget (third party sites), who are solely
responsible for the content and materials on their sites. We make no warranties
or representations as to the accuracy, completeness or timeliness of the
content on this site or any third party site, and we assume no liability or
responsibility for any errors or omissions in the content on this site or any
third party site.
NonprofitOyster, Inc., its site, its partner JobTarget, and services are
provided "as is" and without warranty of any kind, either express or
implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement. The use
of this site or any third party site and any content therein is at your own
risk. Further, we do no warrant that the functions contained in
NonprofitOyster.com will be uninterrupted or error-free, that defects will be
corrected, or that the site or the servers that make them available are free of
viruses or other harmful components. If your use of this site or any third
party site or the content therein results in the need for servicing or
replacing equipment or data, we are not responsible for those costs. We do not
warrant or make any representation regarding the use or the results of the use
of NonprofitOyster.com in terms of their correctness, accuracy, timeliness,
reliability, or otherwise.
Refunds
Once a purchase has been made through the website, either by credit card or
invoice, refunds will not be made. Under extraordinary circumstances exceptions
might be made on a case-by-case basis.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, will we be
liable for any lost profits, lost wages, or any indirect, incidental, special,
punitive, exemplary, or consequential damages that result from the use of, or
the inability to use, the NonprofitOyster.com site, its partner JobTarget, or
services. You specifically acknowledge and agree that we are not liable for any
defamatory, offensive or illegal conduct of any third party site or any user of
NonprofitOyster.com. We are not responsible for the use of, or the failure to
maintain confidentiality of, the content by anyone other than us. Our liability
to you in all circumstances is limited to $100.
Indemnification
You agree to indemnify us for all damages, liabilities, costs, charges and
expenses, including reasonable attorneys fees, that we may incur as a result of
your breach of the Terms of Service or any claims brought relating to Your
Content or in any way relating to your conduct with any other user of any
NonprofitOyster, Inc. site or service. We shall provide to you timely notice of
any such claim, suit or proceeding.
Governing Law
The Terms of Service are governed by the laws of the State of
Severability
In the event that any portion of these Terms of Service is held to be invalid,
the invalidity of such provision will not affect the validity of the remaining
provisions of the Terms of Service, which will remain in full force and effect.
Entire Agreement
The Terms of Service, including our Privacy Statement and, as applicable, our
forms, constitute the entire agreement between NonprofitOyster.com, its partner
JobTarget, and its users. The Terms of Service do not constitute any
partnership, joint venture, or other relationship other than as expressly
stated herein. No prior agreements, discussions or understandings, whether oral
or written, including, without limitation, past versions of these Terms of
Service, will be binding upon us.
Precedence
In the event of a conflict or inconsistency between the Terms of Service and
the Business Terms of any Order Form accepted by us, the Business Terms of such
Order Form shall prevail.
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