User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH MYJOBAUCTION.COM OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to MyJobAuction.com's User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at MyJobAuction.com.

We may amend this Agreement at any time. All amended terms shall automatically be effective 30 days after they are initially posted on our site.

1. Membership Eligibility.

   Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.

2. Fees and Services.

   Bidding at MyJobAuction.com is free. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listings days) and such changes are effective when we post the temporary promotional event on our home page. When you list your resume with us you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

3. MyJobAuction.com is Only a Venue.

    

   1. Overview. Our site acts as a venue for people to list their skills, qualifications, and minimum salary requirements and for potential employers to bid on these skills and qualifications. Bidding at MyJobAuction.com is a means interaction and entertainment between individuals. No employer is bound by law to hire an individual based solely on information obtained through this website even though a bid is submitted by that employer. Likewise, no individual is bound by law to accept employment with any one employer, even though that employer may be the highest bidder. We are not involved in the actual interactions between individuals, therefore, we have no control of the truth or accuracy of the listings on our website.
   2. Safe Trading. Because user authentication on the Internet is difficult, MyJobAuction.com cannot and does not confirm each user's purported identity.
   3. Release. Because we are not involved in the interaction between individuals on this website, in the event that you have a dispute with one or more users, you release MyJobAuction.com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) 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 1542, 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."
   4. Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe use of this website. Please note that there is also risk of dealing with foreign nationals, underage persons or people acting under false pretense.

    

4. Fraud.

   Without limiting any other remedies, MyJobAuction.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation or otherwise) to have engaged in fraudulent activity in connection with our website.

5. Manipulation.

   You may not manipulate or interfere in any way with another individual's listings or auction.

6. Your Information.

   "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information. With respect to Your Information:

   Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; solely to enable MyJobAuction.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. MyJobAuction.com will only use Your Information in accordance with our Privacy Policy.

    

7. Access and Information

   You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the MyJobAuction.com website or any auction being conducted on our website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to MyJobAuction.com by our users or third parties. You agree you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of MyJobAuction.com or the appropriate third party.

8. Breach.

   Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by references; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

9. Liability Limit.

   IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR THIS AGGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

10. Indemnity.

    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

11. Legal Compliance.

    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

12. No Agency.

You and MyJobAuction.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement