Terms of Service

Last Updated: 9/27/24

These terms and conditions (the “Terms of Use”) apply to the Services (as defined herein), owned and provided by NH-Jobs.com (“us,” or “we”), and govern your personal and non-commercial use of the NH-Jobs.comdesktop and mobile websites (and any other versions of the NH-Jobs.comwebsite) (each a “Web Site”), the NH-Jobs.com mobile application(s) (the “Application”), and other digital services, such as emails and text/SMS messages, provided by NHJobfair.com, and the Content and Technology (as defined below) made available thereon, (all taken together, the “Services”).

Using our Services tells us that you, or, if you represent an entity or other organization, that entity or organization (in either case “you” or “your”) have read and agreed to our Terms of Use detailed below and Privacy Policy. Please read the following sections carefully. If you do not agree with the Terms of Use, please exit or cease using our Services or any site affiliated with the Services. Additionally, NH-Jobs.com reserves the right to deny access to its Services to any person who violates the Terms of Use.

The Services are not directed at or intended for use by children under 13 years old. You may only use the Services if you are at least 13 years of age. By using the Services, you represent that you are at least 13 years of age.

The Services are controlled and operated by NH-Jobs.com from its headquarters in the state of Vermont. NH-Jobs.com makes no representation that its Services (including any information or content on the Services) is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Services complies with all applicable laws, statutes and regulations of your jurisdiction, including, without limitation, export and import regulations.

Future Changes

NH-Jobs.com may modify these Terms of Use at any time, so be sure to check back regularly. By continuing to use our Services after these Terms of Use have changed, you indicate your agreement to the revised Terms of Use. Although we may choose to notify you of changes by email or by other means, you agree that notice of changes to the Terms of Use posted on the Web Site or elsewhere in our Services constitutes reasonable and sufficient notice. If you do not agree to the changes, you should stop using the Services.

Term

The Terms of Use is entered into as of the earlier of the date you access or use the Services and will continue until terminated as set forth herein.

Access to the Application and the Web Site

Subject to your compliance with the Terms of Use, NH-Jobs.comwill permit you to access and use the Services solely for lawful purposes, solely for your personal and non-commercial purposes, and only in accordance with the terms of this Agreement and any other agreement you agree to with NH-Jobs.com before being given access to any specific aspects of the Services. Any additional agreement is in addition to the Terms of Use and will govern your use of the portions of the Web Site to which the additional agreement applies in the event of a conflict between the terms of the Terms of Use and the additional agreement.

Subject to your compliance with the Terms of Use and any other terms and conditions accompanying the Application, NH-Jobs.com will permit you to download and install the Application and operate the Application solely for the purpose of using and accessing the Content, and Services as intended. You may install the Application only on mobile devices, or smart phones owned or controlled by you and used only for your own personal and non-commercial purposes in accordance with the Terms of Use and any applicable terms and conditions accompanying the Application or otherwise provided to you by NH-Jobs.com. Except as expressly set forth in the previous sentence, you are granted no licenses or other rights in or to the Application. You agree not to use, modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit or utilize the Application other than as expressly permitted in the Terms of Use or any other agreement you are required to agree to before being given access to any Application.

Registration

We want everyone to enjoy NH-Jobs.com, so you may use some parts of our Services without registration (i.e., without signing up with a name, email address and password). If you want to access or use some other parts of the Services, you may need to register for a NH-Jobs.com member account. We require that you provide your own, valid email address and contact information when you register for an account. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use of your account or otherwise under such password. Without limiting any other rights under these Terms of Use or applicable law, NH-Jobs.com reserves its right to terminate, in its sole discretion, a member’s account in the event violations of these Terms of Use.

Acceptable Use

NH-Jobs.comexpects all of its users to be respectful of others, acting in a civil manner and refraining from personal attacks, including, without limitation, when engaging with or on any NHJobs.com -branded social media handle.

NH-Jobs.com is under no obligation to enforce our Terms of Use on your behalf or based on a claim by you that another user has breached any of these Terms of Use. While we encourage you to let us know if you believe that another user has breached these Terms of Use or has engaged in other unacceptable behavior by reporting it to Support@NHJobs.com, NH-Jobs.com will make the sole determination, in NHJobs.com’s sole discretion, as to whether Your Content (defined below) or any other content is acceptable for the Services.

NH-Jobs.com will not arbitrate disagreements between its users and local businesses, or among its users. By using the Services, you agree that you will not hold NH-Jobs.comresponsible or liable for any content or information from other users that you access on or through the Services.

You are solely responsible for Your Content that you submit in connection with the Services or transmit to other users. Without limitation, you agree that Your Content that you submit, or transmit to other users, in connection with the Services will not include any content that:

· is defamatory, abusive, obscene, profane or offensive;

· infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials that you do not own, or for which you do not have written consent from the owner of such materials to post on the Services);

· violates anyone’s right of publicity or right of privacy;

· is threatening or harassing, or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

· promotes or encourages violence;

· is inaccurate, false or misleading in any way;

· is illegal or promotes any illegal activities;

· promotes illegal or unauthorized copying of another person's copyrighted work or links to sites that do so, or provides information to circumvent security measures;

· contains “masked” profanity (e.g., F@&#)

· contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

· contains, or includes links to, any “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation not specifically allowed on the Services.

NH-Jobs.com is under no obligation to screen or monitor any content, but we may review content from time to time at our sole discretion to determine compliance with these Terms of Use. NH-Jobs.com will make all determinations as to what content is appropriate at our sole discretion. We may include, edit or remove any content at any time, for any reason, and without notice.

NH-Jobs.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to content available on our Services. By using our Services you acknowledge that you may be exposed to content that is inaccurate or that you find to be offensive, indecent or objectionable. If you object to this possibility, you should not use the Services.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Services. Further, you may not use any such automated means to manipulate the Services or attempt to exceed the limited authorization and access granted to you under these Terms of Use. And, you may not resell use of or access to the Services to any third party.

Intellectual Property Rights

All information, data, and content displayed on, transmitted through or used in connection with NH-Jobs.com Services, including, but not limited to, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos and the like, as well as its selection and arrangement (together, the “Content”), is owned by NH-Jobs.com and its affiliated companies or the third party credited as the owner of the Content. All Content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a web site and wish to link to any of the NH-Jobs.com Web Sites, you may do so provided you agree to cease such link upon request from NH-Jobs.com and that you do not state or imply any sponsorship of your site by NH-Jobs.com (for example, by using our stylized trademark or logo). No other use is permitted without prior written permission of NHJobs.com. The permitted use described in this paragraph is contingent on your compliance at all times with the Terms of Use.

You may not, for example, republish, stream, broadcast or otherwise distribute any portion of the Content on any internet, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services, or insert any code or product or manipulate the Content of NHJobfair.com, or the Services in general, in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.

Except as expressly permitted under these Terms of Use, NH-Jobs.com and its licensors retain all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IP Rights”), in and to the Technology (defined below), Content, and other applicable Services, and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Services, including without limitation the Technology and Content. You are not granted any right or license to use the Technology itself, apart from your ability to access the Services (including but not limited to the Content) under the Terms of Use.

Digital Millennium Copyright Act (“DMCA”)/Copyright Complaints

NH-Jobs.com respects the intellectual property of others and holds no claim to copyrights of Content that is owned by a third party or is in the public domain. If you believe your work has been copied in a way that constitutes copyright infringement or you are aware of any infringing material in NHJobs.com’s Services, please provide to NHJobs.com’s Copyright and Intellectual Property Agent the following information:

· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

· a description of the copyrighted work or other intellectual property interest that is the subject of your claim;

· a description of where the material is located on the Services;

· your address, telephone number, and e-mail address;

· a statement by you that you have a good faith belief that access to the relevant material through the Services is inappropriate; and

· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Technology

The Services, and the databases, software, hardware, and other technology used by or on behalf of NH-Jobs.comto operate the Services, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of NHJobfair.com. You will not, and will not permit any third party to: (a) access or attempt to access the Technology except as expressly provided in the Terms of Use; (b) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (c) use automated scripts to collect information from or otherwise interact with the Technology; (d) alter, modify, reproduce, or create derivative works of the Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (h) monitor the availability, performance, or functionality of the Technology; or (i) interfere with the operation or hosting of the Technology.

E-Commerce and Transactions through our Services

NH-Jobs.com may allow you to engage in a transaction involving the purchase of a product or service such as an online advertisement, or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party. These third parties may have separate privacy and data collection practices, so please be sure to read these as well. If you’re concerned about online credit card safety, in most cases a telephone number will be provided so that you can call to place your order by phone. NH-Jobs.comcannot take responsibility for the success or security of transactions undertaken or processed by third parties. NH-Jobs.comis not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these third-party products and services. You agree to release NH-Jobs.comand its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through NHJobfair.com.

Links to Third Party Sites

Links to or from other web sites not provided by NH-Jobs.com may be included at times as a convenience to the user. These sites have not necessarily been reviewed by NH-Jobs.com and are maintained by third parties over which NH-Jobs.com exercises no control. When you leave our Services, you should read the terms and conditions and privacy statements of each and every website and application you visit. Please note that these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and NH-Jobs.comtakes no responsibility for them, including but not limited to their practices or content. Accordingly, NH-Jobs.com expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and / or software downloaded from such other third parties.

Local Directory, Employment Board, and Promoted Events

Use of some parts of the Services, such as employment board postings, local directory listings or promoting an event, may require a fee. Unless we specifically agree otherwise, all fees are non-refundable – including in the event an employment board posting, listing or event is removed by NHJobs.com. Payment may made be by valid credit card or by another payment method allowed by NHJobs.com. By making a purchase, you authorize NH-Jobs.com to bill your selected payment method. All amounts are in US dollars, and any tax is additional. All classified advertising, local directory listings, and events posted to the calendar are subject to these Terms of Use, in addition to, and not in limitation of, any other terms or conditions made available at the time a classified, listing or event is posted. Submissions of employment board postings and event promotions to NH-Jobs.commust be done in accordance with instructions provided on the Web Site. NH-Jobs.com reserves its rights to update and change such instructions from time-to-time, in its sole discretion. NH-Jobs.com expressly reserves the right to reject or cancel for any reason at any time any advertisement, employment board posting, or event posting without liability, even if previously acknowledged or accepted

NH-Jobs.com is not involved with employment opportunities posted and third-party events promoted on our Services. NH-Jobs.com does not control the content of employment board postings or event promotions, nor do we guarantee the accuracy or quality of their content. Transactions are solely between posting party and responding party, and NH-Jobs.comdoes not review or employment board postings offered on the Services, or review or confirm any third-party events promoted using our Services. You agree that any dispute between you (as the posting party or responding party or poster of or attendee at an event) and another party with whom you interact as a result of or in connection with employment board posting or calendar event does not involve NHJobfair.com, and you hereby release NH-Jobs.comfrom any claims, and agree to indemnify NH-Jobs.comfrom any claims, based on or resulting from your, or anyone else’s, acts or omissions in connection with employment board postings or events.

If you submit an employment board posting or event on NHJobs.com, you are responsible for complying with all applicable laws and regulations.

NH-Jobs.com also prohibits employment board postings, event postings, and other content that wrongfully discriminate on the basis of race, ethnicity, color, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family or marital status, disability or any medical or genetic condition.

If you see an employment board posting or event that violates these Terms of Use or any applicable law, please contact Support@NHJobs.com.

App Store

The Application may be obtained through a third party distribution platform (e.g., the Apple App Store or Google Play App Store) (the “App Store”) and is to be used solely on a mobile device owned or controlled by you that operates such third party’s operating system. The Terms of Use incorporates by reference the terms available at the respective App Store from which you have obtained the Application. You agree that the Terms of Use is between you and NH-Jobs.com and not with the App Store. The App Store is not responsible for the Application, maintenance and support services or any warranty thereof, or addressing any claims related thereto. You agree to pay all fees charged by the App Store in connection with the Application (if any). The Application may also be subject to additional terms and conditions and privacy policies, and NH-Jobs.com is not a party to nor responsible for those additional terms.

Representations and Warranties

Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into the Terms of Use; (b) the Terms of Use form a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under the Terms of Use and to grant the rights and licenses described in the Terms of Use.

You acknowledge that the Services are general purpose online services and not specifically designed to facilitate compliance with any specific law. You represent and warrant to NH-Jobs.com that your use of and access to the Services, including any Content, will comply with all applicable laws, rules, or regulations (“Laws”) and will not cause NH-Jobs.com itself or any other third party to violate any applicable Laws. NH-Jobs.com is not responsible for notifying you of any such Laws, enabling your compliance with any such Laws, or for your failure to comply. You agree that you will not use the Services to transmit any false, inaccurate, or misleading information; upload any viruses or malicious code; engage in behavior that is defamatory, obscene, indecent, threatening, or harassing; solicit login information, access protected data or intercept personal information belonging to someone else; or use the Services, including its Content, in connection with unsolicited commercial messages.

Indemnification

You hereby agree to indemnify, defend, and hold harmless NH-Jobs.comand its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (a) your access to or use of the Services and Content (except to the extent a Claim is based upon infringement of a third party right by materials created by NH-Jobs.com and used in strict accordance with these Terms of Use; (b) your collection and disclosure of any Content or Services; (c) your violation of any applicable Laws or any agreement or terms with a third party to which you are subject; (d) Your Content; or (e) your breach of any representation, warranty, or other provision of the Terms of Use. NH-Jobs.com will use reasonable efforts to provide you with notice of any such claim or allegation, and NH-Jobs.com will have the right to participate in the defense of any such claim at its expense.

Disclaimer and Limitation of Liability

THE SERVICE, WHICH INCLUDES ALL CONTENT, MATERIALS, AND TECHNOLOGY (INCLUDING ANY SOFTWARE) OF THE SERVICE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NHJOBFAIR.COM, ITS SUBSIDIARIES, AFFILIATES, AND THEIR AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO THE SERVICE, INCLUDING TECHNOLOGY (INCLUDING ANY SOFTWARE) OR ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY IP RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. NH-JOBS.COMITS SUBSIDIARIES AND AFFILIATES DO NOT WARRANT OR REPRESENT THAT THE SERVICE, WHICH INCLUDES TECHNOLOGY (INCLUDING ANY SOFTWARE), ANY CONTENT, OR ANY DATA ON THE SERVICE, IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH SERVICE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVERS ON WHICH THE SERVICE ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, NH-JOBS.COMAND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY OBLIGATION TO MAINTAIN THE SERVICE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SERVICE AND THE CONTENT IT PROVIDES.

ALL SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES, OR FOR COMMERCIAL USE. STOCK AND MUTUAL FUND QUOTES, AND RELATED FINANCIAL NEWS STORIES MAY BE DELAYED AT LEAST 20 MINUTES, AS MAY BE REQUIRED BY THE STOCK EXCHANGES AND/OR THE FINANCIAL INFORMATION SERVICES. THE SITE SHOULD NOT BE USED IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT, FINANCES OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NH-JOBS.COMITS SUBSIDIARIES OR AFFILIATES, INCLUDING ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICE, YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THOSE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MATERIALS, PRODUCTS OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NH-JOBS.COMAND ITS SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. NHJOBFAIR.COM’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE TERMS OF USE AND ALL CONTENT AND SERVICES PROVIDED UNDER THE TERMS OF USE OR THROUGH THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $10. YOU AGREE THAT NH-JOBS.COMWOULD NOT ENTER INTO THE TERMS OF USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, NHJOBFAIR.COM’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Dispute

Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to the Terms of Use, including the formation, validity, binding effect, interpretation, performance, breach or termination, of the Terms of Use and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to the Terms of Use (each, a “Dispute”), in accordance with the procedures set forth in this section. If any Dispute cannot be resolved through negotiations between the parties within five days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association (“AAA”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by NH-Jobs.comin the County of Chittenden, Vermont. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pled to the arbitrator. The award of the arbitrator will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

THE PARTIES EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If the class action waiver is found to be unenforceable as to all or part of any dispute, such part(s) will be severed and the remaining part(s) will proceed in arbitration. If for any reason a claim proceeds in court rather than in arbitration the parties each waive any right to a jury trial. And, notwithstanding the foregoing, each party will have the right to bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Choice of Law and Venue

The Terms of Use and the relationship between you and NH-Jobs.com shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions. You and NH-Jobs.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Chittenden, Vermont.

Data Privacy

You expressly consent to the use and disclosure of your personal information and other data and information as described in the Policy. Notwithstanding anything in the Policy, NH-Jobs.comwill have the right to collect, extract, compile, synthesize, and analyze non-personal information (data or information that does not identify an entity or natural person as the source thereof) resulting from your access to and use of the Services. To the extent any such non-personal information is collected or generated by NH-Jobs.com the data and information will be solely owned by NH-Jobs.comand may be used by NH-Jobs.com or its permitted service providers, for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof. “non-personal information” refers to information that may not be itself be reasonably associated with, linked to, or used to identify you.

Feedback and Submissions

If you provide NH-Jobs.comany feedback or suggestions regarding the Services (“Feedback”), you assign to NH-Jobs.com all rights in the Feedback and agree that NH-Jobs.com shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you. If you provide NH-Jobs.comwith any creative materials, story ideas, questions or answers suggestions, designs, transcripts, or other submissions (“Submissions”), you agree not to assert any ownership right of any kind in the Submission (including, but not limited to copyright, trademark, unfair competition, moral or privacy rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such Submission including, but not limited to, credit or attribution. NH-Jobs.comwill treat any Feedback or Submissions you provide to NH-Jobs.comas non-confidential and non-proprietary. You agree that you will not submit to NH-Jobs.comany Feedback or Submissions that you consider to be confidential or proprietary.

Your Content

From time to time, NH-Jobs.com may permit you to submit and share photographs, videos, text, and other materials or information (that are not Feedback or Submissions) (“Your Content”). For clarification, “Content” as defined under these Terms of Use does not contemplate, include or encompass “Your Content”. By submitting Your Content, you grant NH-Jobs.com (and any of NHJobs.com’s service providers, contractors and licensors with respect to any of Your Content you provide to them through your use of our Site) a perpetual, worldwide license to use, redact, republish, copy, perform, modify, adapt and distribute Your Content and (where applicable) your name and/or user name, including, without limitation, any intellectual property contained therein, in any medium now known or hereinafter developed, without payment or compensation to you and without seeking any further approval from you. We may also use your name, likeness, publicly accessible biographical data and any other information in connection with such use of Your Content. You acknowledge that our use of Your Content may include licensing Your Content to third parties and/or using Your Content for advertising purposes. In no event will we be required to seek your approval or provide you with any compensation in connection with any such use. You warrant that Your Content complies with these Terms of Use and that nothing contained within Your Content would require us to seek permission of a third party in order to use Your Content as described in these Terms of Use.

Electronic Communication

By accessing or using the Services, registering, sending an email or otherwise communicating with NH-Jobs.com through the Services, you are communicating with NH-Jobs.com electronically, and you agree to receive electronic communication from NHJobs.com, by email and by posting to the Web Site. You agree that any electronic communication from NH-Jobs.com satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to NH-Jobs.com or the Services, including, without limitation, by posting to the Services, email or otherwise, are and will be treated as non-confidential and non-proprietary.

Suspension and Termination

Without limiting NHJob.com’s right to terminate the Terms of Use, NH-Jobs.commay also suspend your access to the Services, with or without notice to you, upon any actual, threatened, or suspected breach of the Terms of Use or applicable Law or upon any other conduct deemed by NH-Jobs.comin its sole discretion, to be inappropriate or detrimental to the Services, NH-Jobs.comor any other users, or third party.

NH-Jobs.comreserves the right in its sole discretion to terminate or restrict your use of the Services, or any part of the Services, without notice, for any or no reason, and without liability to you or any third party. Except as otherwise stated in the Terms of Use, upon termination or expiration of the Terms of Use for any reason: (a) all rights granted to you under the Terms of Use will terminate; and (b) you will immediately cease all use of and access to the Services (including, without limitation, all Content you obtained prior to termination). All sections that by their nature are intended to survive termination or expiration of the Terms of Use will survive.

Miscellaneous

Unless you later enter into any other agreements with NH-Jobs.com regarding the Services, the Terms of Use is the complete and exclusive agreement between you and NH-Jobs.com regarding your access to and use of the Services. This agreement constitutes the entire agreement between NH-Jobs.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. You also may be subject to additional terms and conditions that may apply when you use specific services on NH-Jobs.com Web Sites, applications, or other digital properties, or the products or services of a third party that are provided through the Services. All waivers by NH-Jobs.com under the Terms of Use must be in writing or later acknowledged by NH-Jobs.comin writing. Any waiver or failure by NH-Jobs.com to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver by NH-Jobs.com of any other provision or of such provision on any other occasion. If any provision of the Terms of Use is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to the Terms of Use will be entitled to receive its costs, expert witness fees, and reasonable attorneys’ fees, including costs and fees on appeal. Neither the Terms of Use nor any rights or obligations of you hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of NHJobs.com. Any assignment in violation of the foregoing will be null and void. NH-Jobs.com may assign the Terms of Use to any party that assumes NHJobs.com’s obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Any reference herein to “including” will mean “including, without limitation.”

Contact Us

If you have any questions or comments about our Terms of Use, our Services, or anything else, you may contact us at:

Email: Support@ NH-Jobs.com

NH-Jobs.com is a division of Jobsgoat LLC