HBWM.com Inc. owner of HireMyMom.com (referred to herein as "HBWM.com," “HireMyMom.com,” "We," "Us", “Website” or collectively, as "Company")
This page states the "Terms and Conditions" of HBWM.com Inc. under which You, (the “User”), may use HireMyMom.com, (the "Website") and any good, service or information available on the Website. The Terms and Conditions are a legally binding contract.
By using this Website, You are indicating Your acceptance to be bound by the terms of these Terms and Conditions and are indicating that You are at least eighteen (18) years old.
HireMyMom.com, a division of HBWM.com Inc., (the "Company") may revise these Terms and Conditions at any time by updating this page. It is advised that the User periodically review the Terms and Conditions, because they are binding on the User. If at any time You find the Agreement unacceptable, You should no longer use the Website. The terms "You" and "User" as used herein refer to all individuals and/or the entities they represent (jointly and severally) accessing this Website for any reason and include, but are not limited to, "Employers" (person or entity that is accessing the Website to post a job or for any reason related to the purpose of seeking candidates) and "Job Seekers" (a User who is accessing the Website to search for a job or in any other capacity except as an Employer). These Terms and Conditions are effective as of April 1, 2007.
Use of Material. The Company authorizes You to view the Material (defined below) on the Website and in emails from the Company solely for the purpose of locating and recruiting potential employees (if You are an Employer) and for the purpose of seeking employment opportunities (if You are a Job Seeker).
The Website is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Website only for lawful purposes within the stated context of the Website's intended and acceptable use. HireMyMom.com is the sole interpreter of the Website's intended and acceptable use. As a job seeker, this authorizes You to view the material on the Website and in emails from the Company solely for your personal, noncommercial use. As an Employer, You agree that You are solely responsible for the content of any Document you post to the Website and any consequences arising from such posting. Your use of the Website is a privilege. HireMyMom.com reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
Intellectual Property Rights. The Website and all owner-created content are the right, title and interest in and to the Website is the sole property of HireMyMom.com, a division of Let's Be Direct LLC or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, HireMyMom.com reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Website, the Website's design logo and certain other names or logos which are service marks or trademarks of HireMyMom.com, and all related product and service names, design marks and slogans which are the service marks or trademarks of HireMyMom.com. In addition, the "look" and "feel" of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by HireMyMom.com trademarks, service marks and copyrights. All other product and service marks contained on the Website are the trademarks of their respective owners.
User Content. Users who post jobs own and are responsible for their communications and postings, including, but not limited to, job postings ("User Content"). The Company acts as a portal for the online distribution and publication of User submitted information and does not have an obligation to assess or guarantee the accuracy or appropriateness of the communications or postings (even if Company elects in its discretion to attempt to do so). You agree not to send communications or make postings that infringe or breach another party's intellectual property rights, contract rights or other rights (including copyrights, trademark rights or trade secret rights). You agree not to send inappropriate communications or make inappropriate postings, including but not limited to, communications and postings that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, sexually-explicit, solicitations of business, chain letters or pyramid schemes. The Company is not responsible for any User Content or actions or omissions in response to User Content.
Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web Website, products, services, hiring, experience, employment or recruiting practices, or otherwise.
The Company's Liability. HireMyMom.com is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Website in meeting the employment objectives of Users. The Company does not guarantee that Job Seekers will be hired or that Employers will find employees or contractors using the Website. The Company is not a party to any relationships entered into between an Employer and Job Seeker, and the Company is not liable for any act or omission by an Employer or Job Seeker. You are solely responsible for the form, content and accuracy of any User Content. As a result, the Company has no control over the quality, safety or legality of the jobs posted, the truth or accuracy of the listings, the ability of employers 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 Website.
The Material may contain inaccuracies or typographical errors. HireMyMom.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material contained therein placed by you on the Website. Employers are solely responsible for their postings on the Website. HireMyMom.com is not to be considered to be an employer with respect to your use of the Website and shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Website.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE.
(b) IN NO EVENT SHALL HireMyMom.com (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, 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 THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WWW.HIREMYMOM.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OR 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 HIREMYMOM.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 WWW.HIREMYMOM.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, 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 WWW.HIREMYMOM.COM, THE AMOUNTS ACTUALLY PAID BY YOU TO WWW.HIREMYMOM.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 HireMyMom.com will be entitled to equitable relief upon a breach of this agreement by you.
Links. The Website may contain links to third party Websites as a convenience. The Company is not responsible for the content of linked third party Websites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If You decide to access linked third party Websites, You do so at Your own risk. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by HireMyMom.com with respect to the provider of such linked Website or the quality, reliability or any other characteristic or feature of such linked Website and HireMyMom.com is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked Website, including without limitation, the content provided on or through any such linked Website or your reliance thereon. HIREMYMOM.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked Website is subject to the terms and conditions applicable to that Website.
Posting Rules. HireMyMom.com is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Website suspended or terminated, at HireMyMom.com's discretion. HireMyMom.com reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions.
(a) Your Document may not contain: (i) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (ii) trade secrets (unless you own them or have the owner's permission to post them); (iii) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (iv) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (v) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, E-mail Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Job postings must be individual openings for traditional, W-2 or 1099 employees.
(e) HireMyMom.com is under no obligation to monitor the Documents posted on the Website, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at HireMyMom.com's discretion.
Conduct Rules. You are responsible for all Content that you upload, submit, post, e-mail or otherwise transmit using the Website or Services. Likewise, you are responsible for respecting HireMyMom.com's any third parties' rights with respect to Content that appears on the Website and not to download, e-mail or otherwise transmit such Content in violation of HireMyMom.com's and third parties' rights. Users are prohibited from violating or attempting to violate the security of the Website, 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 Website, overloading, "flooding", "mailbombing" 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. Violations of system or network security may result in civil or criminal liability. You agree not to use the Website or Services to:
- respond to postings by other Users in any manner or for any purpose other than that which is expected. Communications soliciting the employer's business by our competitors are prohibited.
- submit Content that is implicitly or explicitly offensive (i.e., engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual); harasses, incites harassment or advocates harassment of another any group or individual; involves the transmission of promoting or endorsing false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- send unsolicited commercial email, (i.e., "junk mail", "chain letters," or unsolicited mass mailing or "spamming") to Users.
- collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.
- directly or indirectly, intentionally disrupt or interfere with the Website or Services in any manner that may materially adversely affect HireMyMom.com, you or any third party.
- submit, upload, post, e-mail or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
- submit, upload, post, e-mail or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
- to delete or revise any material posted by any other person or entity.
- Use the Website or Services for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government including but not limited to scripts, bots and other software, to try to collect information from the Website or to break into any of its servers.
If at any time during the term of this agreement HireMyMom.com comes to the understanding that you: (i) misled HireMyMom.com of your business practices and/or services, or (ii) purchased services that do not represent your precise business, HireMyMom.com reserves the right to terminate this agreement. Report inappropriate postings or conduct to us using the “Contact Us” page.
No Resale or Unauthorized 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 use of the Website.
The Company reserves the right, at its sole discretion, to terminate Your use of the Website at any time for any reason, in which case, You would receive a refund for any amounts paid for services not yet rendered if You were in compliance with these Terms and Conditions when Company denied Your right of continued use of the Material or Website. To the maximum extent allowed by law, the Company may deny any company or person the right to use the Material or Website.
Amendments to this Agreement and Changes to Website. HireMyMom.com may revise this document at any time by updating this page. Changes will be binding on you on the date they are posted on the Website (or as otherwise stated in the any notice of such changes). Any use of the Website will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Website any longer. Any new or different terms supplied by you are specifically rejected by HireMyMom.com unless HireMyMom.com agrees to them in a signed writing specifically including those new or different terms. HireMyMom.com may change the Website at any time.
Questions and Notices. Questions concerning the use of the Website should be directed to us using the “Contact Us” page. Notices shall be sent, for HireMyMom.com, to the address listed on the Website, and, for you, to the email address submitted by you or such other address as HireMyMom.com reasonably determines is an appropriate address for you.
General. HireMyMom.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 Website. If you access HireMyMom.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. The Terms and Conditions and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under the Terms and Conditions or your Service Agreement shall lie exclusively with the state or federal courts in the State of Texas. The sole relationship between You and HireMyMom.com is that of independent contractors. If any provision of the Terms and Conditions 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 the Terms and Conditions, which shall remain in full force and effect. All provisions of the Terms and Conditions shall survive termination except those granting access or use to the Website, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under the Terms and Conditions. No waiver of any term of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by HireMyMom.com in a particular "Legal Notice," or software license or material on particular Web pages of the Website, the Terms and Conditions and your Service Agreement where applicable, constitute the entire agreement between you and HireMyMom.com.