| Terms of Use & Subscriber Agreement: Recruiters, Corporate Clients and Individual Members You (individually and collectively referred to herein as the Subscriber) agree to adhere to the following Terms of Use and Subscriber Agreement (the Agreement) while utilizing The Phoenix Link (individually and collectively referred to herein as the System): This System (which shall include all information, products, services, software, databases, and web site available from The Phoenix Link or offered as part of or in conjunction with The Phoenix Link) is offered to the Subscriber, conditioned on Subscriber's acceptance without modification of the terms, conditions and notices contained herein. Subscriber's use of this System constitutes agreement to all such terms, conditions and notices. Eligibility Subscriptions or memberships to The Phoenix Link are limited to individuals seeking gainful employment, corporate clients and 3rd party recruiting firms who directly or indirectly represent employers on a contingency or retained basis. Examples of 3rd party recruiting firms may include but are not necessarily limited to: headhunters, executive search firms, and staffing agencies. The Phoenix Link reserves the right to determine, in its sole discretion, whether an individual or firm meets the eligibility requirements for subscriptions.
Subscriptions
All subscription offers are made to eligible, qualified, Subscribers. By applying for a subscription, Subscribers agree to receive our mailing and marketing materials. As the expiration date of a Subscriber's subscription term approaches, the Subscriber may be invoiced for a new subscription term. If the invoice is paid, the subscription and its associated benefits will continue; otherwise, the subscription will become inactive on its expiration date. When subscription becomes inactive, all features, services, and benefits of the subscription cease. These may include but are not limited to: jobs entered in the System, distribution of jobs, web pages maintained by the System, resume forwarding services, domains or domain forwarding services, and email aliases or email forwarding services.
Refund Policy
If, after a period of 30 days of paid subscription, Subscriber is not satisfied with the products and/or services provided by The Phoenix Link, promptly contact Subscription Services at 800-364-8425 and notify The Phoenix Link of such dissatisfaction. The Phoenix Link reserves the right to request any such dissatisfaction in writing. At such time, the parties agree to work in good faith to resolve any performance issues. If after 30 days of good faith effort, the parties are unable to come to a satisfactory resolution, Subscriber has the right to terminate this agreement with The Phoenix Link. The Phoenix Link will refund to Subscriber, a monthly pro-rata share of Subscriber's payment based on the remaining term of the subscription under this agreement.
If The Phoenix Link, in its sole discretion, determines that a Subscriber has violated one or more of these terms and conditions of this Usage Agreement, such violation(s) may result in the immediate termination of that subscription without refund.
Advertisements
The appearance of employment advertisements or resumes in the system does not necessarily indicate any endorsement of, or affiliation,or resume or association with the system by the entity whose advertisement appears. The phoenix link does not endorse any entity advertising on the system. No Unlawful or Prohibited Uses
The System may be used only for lawful purposes by Subscribers seeking to fill open, verifiable positions on behalf of their client companies. As a condition of use of this System, Subscriber warrants to The Phoenix Link and its associates that Subscriber will not use this System for any purpose that is unlawful or prohibited by these terms, conditions and notices.
Prohibited Uses of the System include, but are not necessarily limited to the following: Subscriber Responsibilities
All Subscribers agree to the following: Content Searching and Distribution
The System may distribute or "cross-post" some or all of a Subscriber's resume, CV, Profile, qualifying job(s) and/or candidate profile(s) to one or more external sites or destinations. Collectively, these sites/destinations are known as the TPL Career Advertising Network . Any list of the TPL Career Advertising Network constituent sites/destinations provided by the System are intended to be representative of the Internet communities receiving employment content from the System. They are not not exhaustive listings and are subject to change.
The System may also provide members with access to one or more searchable databases including, for example: candidate profiles, jobs, and other members or employment professionals. The age and total number of records contained in those databases will vary over time.
Links to Third Party Sites
This System may contain hyperlinks to web sites operated by parties other than The Phoenix Link and its associates. Such hyperlinks are provided for reference only. The Phoenix Link and its associates do not control such web sites and are not responsible for their contents. The Phoenix Link and its associates' inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
Use of Information
The Phoenix Link and its associates may gather, process, and use information which Subscriber provides directly (e.g., name, physical address, e-mail address), as well as information regarding the manner in which Subscriber uses this System. Please review our Privacy Policy for more information.
The Phoenix Link reserves the right to control and regulate any and all information placed in or presented through the System. This right shall include, but not be limited to: Service Contact
To ask questions or to report problems with the System, click here .
Definitions
Copyright and Trademark Notices All contents of this System are: Copyright © 1995-2003 The Phoenix Link and/or its associates and/or its suppliers, 3325 Landershire, Plano, TX, 75023. USA All rights reserved. The Phoenix Link and other names of the The Phoenix Link products and/or services referenced herein are trademarks or registered trademarks of The Phoenix Link. Other product and company names mentioned herein may be the trademarks of their respective owners. Modification of this Agreement The Phoenix Link reserves the right to change the terms, conditions and notices under which this System is offered. Liability Disclaimer The information, software, products and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The phoenix link and/or its respective suppliers may make improvements and/or changes in this system at any time. The phoenix link and/or its respective suppliers make no representations about the suitability of the information, software, products and services contained in this system for any purpose. All such information, software, products and services are provided as is without warranty of any kind. The phoenix link and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, product title and non-infringement. In no event shall the phoenix link and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this web site, or for any information, software, products and services obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if the phoenix link or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. General This Agreement is governed by the laws of the State of Texas, USA. Subscriber hereby consents to the exclusive jurisdiction and venue of courts in Plano, Texas, USA in all disputes arising out of or relating to the use of this System. Use of this System is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Subscriber agrees that no joint venture, partnership, employment or agency relationship exists between Subscriber and The Phoenix Link as a result of this agreement or use of this System. The Phoenix Link performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Phoenix Link's right to comply with law enforcement requests or requirements relating to Subscriber's use of this System or information provided to or gathered by The Phoenix Link with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between the Subscriber and The Phoenix Link with respect to this System and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Subscriber and The Phoenix Link with respect to this System. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data that may be used herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved. |