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Terms & Conditions -- General Terms and Conditions
Revised: August 9, 2000
Help-Wanted.Net (Publisher), and you the user (Advertiser) of
Posting or Advertising services, (Services), agree to the following General
Terms and Conditions. The Advertiser acknowledges the Internet's pattern of
occasional service disruptions and accepts this as an integral and unavoidable element in any
Internet service offering. In the event of persistent service disruptions, the Advertiser's sole remedy
will be cancellation of Services, as set forth elsewhere in this agreement.
To use the Services, the Advertiser requires Direct Posting Privileges, and will use the Publisher's
Direct Posting Resources. Direct Posting Privileges allow individuals, substantially outside of the
Publisher's direct control, to add to and manage content on the Publisher's web site. Direct Posting
Privileges are only available to customers in good standing. All other use, or attempts to use, the
Direct Posting Resources constitutes theft, or attempted theft, of services, for which Publisher
reserves the right to pursue any and all legal remedies.
PUBLISHER'S RIGHT OF REFUSAL: Publisher reserves the right to reject advertising at its
own discretion. As such, Publisher reserves the right to monitor the individual postings, and remove
those deemed objectionable or inappropriate. In the event of such a removal, Publisher shall notify
Advertiser of the removal, and the nature of the objection. The Publisher may then, at its sole
discretion suspend or cancel this contract. Publisher is the final judge as to these terms.
ADVERTISING CONTENT: Advertiser has sole responsibility for the content of the advertising,
and warrants that: (1) it is authorized to sell or offer the products or services advertised and to use
any information or depiction in the advertising; and (2) it has the right to use any trademarks, service
marks or trade names in the advertising; and (3) the advertising complies with all applicable laws
and regulations. Advertiser indemnifies Publisher for any attorney's fees, expenses, losses or
damages, Publisher incurs by publishing the advertising in reliance of Advertiser's warranties. Advertiser
specifically accepts responsibility for the actions of any other individuals Advertiser permits to use
Advertiser's login and/or account to access or utilize the Services.
LIMITATIONS OF LIABILITY: Advertiser acknowledges that: (1) it has substantial control
over the composition and posting of advertising content, and as such, errors and omissions will
generally be a direct result of the Advertiser's actions and directly in the Advertiser's power to
correct; and (2) any potential harm from an error or omission is speculative in nature; and (3)
advertising rates do not reflect an advertisement's full value to the Advertiser; and (4) alternative and
competing advertising venues are available. Therefore, for mutual consideration, Advertiser agrees
that any liability due to errors or omissions on the Publisher's part, in the advertising shall not exceed
the amount of charges for the advertising in which the error or omission occurred and that liability
shall be discharged by abatement or refund of the advertising charges. This limitation of liability
applies to claims in contract, tort, strict liability or otherwise against Publisher, its officers, directors,
and employees, and to any loss of business, profits or additional advertising cost incurred. It also
applies to any special, incidental or consequential damages and to any claim by any third party
regarding the advertising. It is agreed that the advertising is intended only to benefit the Advertiser
and any benefit to others is merely incidental. Advertiser agrees to actively monitor the publication
of its advertisements, and to bring any claims of the above nature to the Publisher's attention, via
written notice, within thirty days of original publication.
TERMS OF PAYMENT: Advertiser agrees to pay for Services upon presentation of invoice. If not
timely paid or uncorrectable, the amount due shall bear a late charge
of 5% per month until paid. The date the envelope containing the payment is received at the
publisher's address shall be considered the date payment is made.
Advertiser shall also pay any
attorney's fees and costs incurred in collecting any unpaid amounts. If there is more than one
advertiser, all will be jointly and severally liable. In the event that any payment is 30 days or more
late, Publisher may suspend or cancel service without further notice.
AGENCY RESPONSIBILITY: In the event Advertiser is acting
in agency, or as broker on behalf of a client, the failure of
Advertiser's client to pay amounts due to Advertiser does not
relieve or delay the Advertiser's obligation to pay amounts due
to Publisher under this contract. Advertiser accepts full
responsibility for timely payment to Publisher.
LEGAL REMEDY: Any legal dispute between the Advertiser and Publisher will be resolved in
the courts of and under the laws of New Jersey. Loser to pay all legal fees and expenses of the
prevailing party.
CANCELLATION: Advertiser may cancel Services, at any time, for any reason. If Advertiser has
contracted for optional extra services, all fees for agreed upon services become due in full.
Alternatively, Advertiser may cancel any time for cause if they have first provided written notice of
the service deficiency and then allowed two weeks for Publisher to remedy. If Advertiser has
contracted for optional extra services, and is canceling for cause, fees for agreed upon services will
be prorated to cover only services already delivered.
Deficiencies do not include new features not previously in service, or defects in new versions prior
to Advertiser's acceptance. For these, Advertiser's sole remedy will be to continue to use the
production version of the services, which Advertiser has previously indicated full acceptance,
without reservation.
Written notice requesting remedy of a service deficiency, or cancellation of service must be sent via
certified mail to the Publisher as described below. Except as otherwise specified in this contract,
and in consideration of the nature and terms of the services provided, Advertiser accepts
cancellation for cause as their sole remedy for any deficiency, neglect, or failure in services provided
by Publisher.
MODIFICATIONS: Publisher reserves the right to modify the Terms & Conditions without prior notice. Notice of
such change shall be given by a notice given on the Advertiser's sign in screen.
Upon such notice Advertiser must either agree to the changed agreement, or give notice to
Help-Wanted.Net that Advertiser wishes to cancel Service. Continued use of the
Service will be sufficient to indicate Advertiser's acceptence of the new terms.
PARAGRAPH HEADERS ARE FOR DESCRIPTIVE PURPOSES ONLY: The contents of
each paragraph are not to be considered limited in any way by it header.
SURVIVABILITY: If any party of competent jurisdiction should disallow any part of this agreement,
the remainder shall remain in full force.
SERVICE OF NOTICE: All official notices between Publisher
and Advertiser are to be sent certified mail to the addresses given
below, or to the current amended address, if one exists. Either party
may amend its address of service by sending notice to the other party
at their then current service address.
IDENTIFICATION OF THE PUBLISHER: Help-Wanted.Net, identified above as the
Publisher, is a d/b/a for Web Services Inc., a New Jersey corporation.
Web Services, Inc.
55 Princeton-Hightstown Rd.
Suite 107
Princeton Jct., NJ 08550
(609) 275-5000
(609) 275-7391 FAX
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