This page states the Terms of Use ("Terms") under which You (as defined below) may use WTCABC.org (WTCABC) Job Board, an on-line service to post and search employment opportunities and User resumes. WTCABC allows Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public. It also allows WTCABC member companies to display descriptions of jobs that may be available within their companies. WTCABC allows users to submit applications for these positions online.
These Terms include the WTCABC Privacy Statement, which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use WTCABC and its services. By using WTCABC, You agree to be bound by these Terms, including the WTCABC Privacy Statement.
WTCABC may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing WTCABC for any reason. The term “post” as used herein shall mean information that You submit, publish or display on www.wtcabc.org.
1. Eligibility.
You must be 18 years of age or older to use the WTCABC Job Board.
2. Use of WTCABC Content.
WTCABC authorizes You to view and access a single copy of the content available on or from wtcabc.org solely for your personal use. The contents of wtcabc.org,such as text, graphics, images, logos, button icons, software and other content are protected under both United States and foreign copyright, trademark and other laws. Unauthorized use of the wtcabc.org Content is strictly prohibited.
You agree not to sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, in connection with products or services that are not those of WTCABC. The use of the WTCABC Content on any other Web site or in a networked computer environment for any purpose is prohibited.
3. WTCABC Site Restrictions.
Users may not use any WTCABC Site in order to transmit, post, distribute, store or destroy material, including without limitation, WTCABC Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful or contrary to the purposes and mission statement of WTCABC.
4. Specific Prohibited Uses.
The WTCABC job board may be used only for lawful purposes by individuals seeking employment in management, sales or administrative areas of commercial construction and by WTCABC member employers seeking employees in management, sales or administrative positions. Information submitted to the site must be for your sole purposes and may not be submitted on behalf of others.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, WTCABC may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. WTCABC has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Registration Information.
When You register with WTCABC, You will be asked to create an account and provide certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with WTCABC's privacy statement.
You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information, including resumes, profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be removed from any public area of the WTCABC site.
6. User Content and Submissions.
You are solely responsible for your account information that You post on the WTCABC site or transmit to other Users. You agree that in submitting User Content or that you will not impersonate any person, or submit any materials that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
WTCABC acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, WTCABC may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the site. WTCABC reserves the right to expel Users and prevent their further access for violating the Terms or applicable laws, rules or regulations. WTCABC may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for WTCABC, damage WTCABC’s brand or public image, or cause WTCABC to lose (in whole or in part) the services of its ISPs or other suppliers.
WTCABC does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
7. Registration and Password.
You are responsible for maintaining the confidentiality of your account. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your registrations and passwords. You agree to immediately notify WTCABC of any unauthorized use of your account.
8. WTCABC's Liability.
WTCABC.org acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings. WTCABC is not involved in the actual transaction between employers and candidates. As a result, WTCABC has no control over User Content, the quality, safety or legality of the jobs or resumes 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 and WTCABC makes no representations about any jobs, resumes or User Content on WTCABC.org.
Employers are solely responsible for their postings. WTCABC is not to be considered to be an employer with respect to your use of wtcabc.org and shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the site.
WTCABC cannot guarantee and does not promise any specific results from use of wtcabc.org. No advice or information, whether oral or written, obtained by a User from WTCABC or through or from wtcabc.org shall create any warranty not expressly stated herein.
9. Disclaimer of Warranty.
WTCABC DOES NOT WARRANT THAT THE WTCABC SITE WILL OPERATE ERROR-FREE OR THAT THE WTCABC SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WTCABC IS NOT RESPONSIBLE FOR THOSE COSTS. THE WTCABC SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WTCABC, 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. WTCABC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF WTCABC CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages. IN NO EVENT SHALL WTCABC, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY WTCABC SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY WTCABC SITE AND THE WTCABC CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WTCABC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
WTCABC'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WTCABC SITE OR YOUR USE OF WTCABC CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Indemnity.
You agree to defend, indemnify, and hold harmless WTCABC, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to WTCABC, (ii) your use of any WTCABC Content, or (iii) your breach of the terms of these Terms.
13. General.
WTCABC makes no claims that the WTCABC Content may be lawfully viewed or accessed outside of the United States. Access to the WTCABC Content may not be legal by certain persons or in certain countries. If You access a wtcabc.org from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Memphis, Tennessee. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, WTCABC’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect WTCABC’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of WTCABC.org, a particular "Legal Notice," or software license or material on particular WTCABC.org pages, these Terms constitute the entire agreement between You and WTCABC with respect to the use of WTCABC.org. No changes to these Terms shall be made except by a revised posting on this page.
