Terms of Service
This page states the Terms of Use ("Terms") under which You (as defined below) may use www.BCS Employment.com ("BCS Employment.com"), an on-line service to post and search employment opportunities.
These are the BCS Employment Privacy Statement and the terms of use. Please read these Terms carefully. If You do not accept the Terms stated here, do not use BCS Employment.com and its services. By using BCS Employment.com, You agree to be bound by these Terms, including the BCS Employment Privacy Statement.
BCS Employment ("BCS Employment") 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 BCS Employment.com for any reason. The term "post" as used herein shall mean information that You submit, publish or display on any BCS Employment Site (as defined below).
1. Eligibility
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use BCS Employment.com in any manner. By visiting BCS Employment.com or accepting these Terms, You represent and warrant to BCS Employment that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to BCS Employment that You will use BCS Employment.com in a manner consistent with any and all applicable laws and regulations.
2. Use of BCS Employment Content
BCS Employment authorizes You to view and access a single copy of the content available on or from BCS Employment.com solely for your personal use. The contents of BCS Employment.com, and of all other Web sites under BCS Employment's control, whether partial or otherwise (BCS Employment.com and such other Web sites are sometimes collectively referred to as "BCS Employment Sites") such as text, graphics, images, logos, button icons, software and other BCS Employment content (collectively, "BCS Employment Content"), are protected under both United States and foreign copyright, trademark and other laws. All BCS Employment Content is the property of BCS Employment or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the BCS Employment Sites is the exclusive property of BCS Employment and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the BCS Employment Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original BCS Employment Content on any authorized copy You make of the BCS Employment Content.
You agree not to sell or modify the BCS Employment Content or reproduce, display, publicly perform, distribute, or otherwise use the BCS Employment Content in any way for any public or commercial purpose, in connection with products or services that are not those of BCS Employment.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits BCS Employment or its licensors, that dilutes the strength of BCS Employment's or its licensor's property, or that otherwise infringes BCS Employment's or its licensor's intellectual property rights. You further agree to in no other way misuse BCS Employment Content that appears on this Site. The use of the BCS Employment Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that BCS Employment creates to generate or display any BCS Employment Content or the pages making up any BCS Employment Site is also protected by BCS Employment's copyright and you may not copy or adapt such code.
3. BCS Employment Site Restrictions
Users may not use any BCS Employment Site in order to transmit, post, distribute, store or destroy material, including without limitation, BCS Employment 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 or hateful.
Users are also prohibited from violating or attempting to violate the security of any BCS Employment Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any BCS Employment Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. BCS Employment will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
4. Specific Prohibited Uses.
The job posting database ("BCS Employment Resume Database") and other features of BCS Employment.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.
BCS Employment specifically prohibits any other use of BCS Employment.com, and all Users agree not to do any of the following: (a) post any jobs on any BCS Employment Site for any competitor of BCS Employment or post jobs or other content that contains links to any site competitive with BCS Employment; (b) post jobs or content on any BCS Employment Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any BCS Employment Site; (df) post or submit to any BCS Employment Site any incomplete, false or inaccurate biographical information or information which is not your own; (e) post on any BCS Employment Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (f) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any BCS Employment Site; (g) delete or revise any material posted by any other person or entity; (h) take any action that imposes an unreasonable or disproportionately large load on any BCS Employment Site's infrastructure; (i) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any BCS Employment Site other than the search engine and search agents available from BCS Employment on such BCS Employment Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (jl) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any BCS Employment Site; (k) aggregate, copy or duplicate in any manner any of the BCS Employment Content or information available from any BCS Employment Site, without express written consent from BCS Employment; or (l) frame or link to any BCS Employment Content or information available from any BCS Employment Site.
BCS Employment does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, BCS Employment 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. BCS Employment has no liability or responsibility to Users for performance or nonperformance of such activities.
5. Registration Information
When You register with the BCS Employment Site, You will be asked to create an account and provide BCS Employment with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with BCS Employment's Privacy Statement.
BCS Employment reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by BCS Employment or by third parties. Please see BCS Employment's Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms, BCS Employment does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through BCS Employment.com or any other BCS Employment Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
You understand and acknowledge that you have no ownership rights in your BCS Employment Account, and that if you cancel your BCS Employment Account, all your account information from BCS Employment will be marked as deleted in BCS Employment's databases and will be removed from any public area of the BCS Employment Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through BCS Employment's web servers. In addition, third parties may retain cached copies of your Information.
6. User Content and Submissions
You are solely responsible for your employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any BCS Employment Site or transmit to other Users. You agree that in submitting User Content or otherwise using any BCS Employment Site that you will not impersonate any person, or submit any materials to BCS Employment that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
By posting User Content to any public area of any BCS Employment Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to BCS Employment and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any BCS Employment Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any BCS Employment Site retains any and all rights that may exist in such User Content.
BCS Employment 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, BCS Employment 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 any BCS Employment Site. BCS Employment reserves the right to expel Users and prevent their further access to the BCS Employment Sites and/or use of BCS Employment services for violating the Terms or applicable laws, rules or regulations. BCS Employment 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 BCS Employment, damage BCS Employment's brand or public image, or cause BCS Employment to lose (in whole or in part) the services of its ISPs or other suppliers.
BCS Employment 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.
The following is a partial list of User Content that is prohibited on the BCS Employment Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
It is also a violation of the Terms, to include in any User Content submitted to BCS Employment Networking information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.
We appreciate hearing from our Users and welcome your comments regarding our services and the BCS Employment Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of BCS Employment. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. BCS Employment shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
7. Registration and Password
You are responsible for maintaining the confidentiality of your employer account, your Billing 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 BCS Employment.com registrations and passwords, whether or not authorized by You. You agree to immediately notify BCS Employment of any unauthorized use of your employer account, or passwords, as the case may be.
8. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any BCS
Employment Site and is accessible on such BCS Employment Site in a way that constitutes copyright or
trademark infringement, please print and complete the BCS Employment Proprietary Rights Complaint
Process and Notification Form and send such completed form to our designated agent.
By mail:
Justin D. Landreneau
Owner
BCS Employment
PO Box 9376
College Station, TX 77840
By telephone:
979-696-0291
Send us:
BCS Employment Proprietary Rights Complaint Process and Notification Form
9. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
BCS Employment, Inc., and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of BCS Employment.com, You agree not to use BCS Employment.com or any other BCS Employment Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any BCS Employment.com Users, and block access to BCS Employment.com and/or the other BCS Employment Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
10. BCS Employment's Liability
BCS Employment.com acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. BCS Employment is not involved in the actual transaction between employers and candidates. As a result, BCS Employment 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 BCS Employment makes no representations about any jobs, resumes or User Content on BCS Employment.com. BCS Employment 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 BCS Employment, damage BCS Employment's brand or public image, or cause BCS Employment to lose (in whole or in part) the services of its ISPs or other suppliers. While BCS Employment reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from BCS Employment.com from time to time, BCS Employment does not assume any obligation to do so and disclaims any liability for failing to take any such action.
BCS Employment Networking provides a venue for individuals to network for professional purposes and BCS Employment does not screen or censor the Profiles or User Content on BCS Employment.com. BCS Employment is not involved in the actual communications between BCS Employment Networking Users. As a result, BCS Employment has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on BCS Employment.com and makes no representations about any Profile or User Content on BCS Employment.com.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through BCS Employment.com and/or the other BCS Employment Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using BCS Employment.com and/or the other BCS Employment Sites.
Because User authentication on the Internet is difficult, BCS Employment cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any BCS Employment Site, in the event that You have a dispute with one or more Users, You release BCS Employment (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) 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 Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
The BCS Employment Sites and the BCS Employment Content may contain inaccuracies or typographical errors. BCS Employment makes no representations about the accuracy, reliability, completeness, or timeliness of any BCS Employment Site or the BCS Employment Content. The use of all BCS Employment Sites and the BCS Employment Content is at your own risk. Changes are periodically made to BCS Employment Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the BCS Employment Sites. Employers are solely responsible for their postings on BCS Employment Sites. BCS Employment is not to be considered to be an employer with respect to your use of any BCS Employment Site and BCS Employment shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any BCS Employment Site.
BCS Employment cannot guarantee and does not promise any specific results from use of BCS Employment.com or any BCS Employment Site. No advice or information, whether oral or written, obtained by a User from BCS Employment or through or from BCS Employment.com or any other BCS Employment Site shall create any warranty not expressly stated herein.
11. Disclaimer of Warranty.
BCS EMPLOYMENT DOES NOT WARRANT THAT ANY BCS EMPLOYMENT SITE WILL OPERATE ERROR-FREE OR THAT ANY BCS EMPLOYMENT SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY BCS EMPLOYMENT SITE OR THE BCS EMPLOYMENT CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BCS EMPLOYMENT IS NOT RESPONSIBLE FOR THOSE COSTS. THE BCS EMPLOYMENT SITES AND BCS EMPLOYMENT CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BCS EMPLOYMENT, 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. BCS EMPLOYMENT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE BCS EMPLOYMENT CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
12. Disclaimer of Consequential Damages
IN NO EVENT SHALL BCS EMPLOYMENT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY BCS EMPLOYMENT 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 BCS EMPLOYMENT SITE AND THE BCS EMPLOYMENT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BCS EMPLOYMENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability
BCS EMPLOYMENT'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY BCS EMPLOYMENT SITE OR YOUR USE OF THE BCS EMPLOYMENT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
14. Links to Other Sites
BCS Employment.com contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by BCS Employment of the contents on such third-party Web sites. BCS Employment is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
15. No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any BCS Employment Site.
16. Indemnity
You agree to defend, indemnify, and hold harmless BCS Employment, 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 any BCS Employment Site, (ii) your use of any BCS Employment Content, or (iii) your breach of the terms of these Terms. BCS Employment shall provide notice to You promptly of any such claim, suit, or proceeding.
17. General
BCS Employment makes no claims that the BCS Employment Content may be lawfully viewed or accessed outside of the United States. Access to the BCS Employment Content may not be legal by certain persons or in certain countries. If You access a BCS Employment.com or other U.S.-based BCS Employment Sites 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 Commonwealth of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or local courts within Bryan, Texas. 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, BCS Employment's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect BCS Employment'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 BCS Employment.com, a particular "Legal Notice," or software license or material on particular BCS Employment.com pages, these Terms constitute the entire agreement between You and BCS Employment with respect to the use of BCS Employment.com. No changes to these Terms shall be made except by a revised posting on this page.
18. Additional Terms
Certain areas of BCS Employment.com and the other BCS Employment Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
19. Term and Termination
These Terms will remain in full force and effect while You are a User of BCS Employment.com at any level. BCS Employment reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from BCS Employment.com and the other BCS Employment Sites and immediate termination of your registration with or ability to access BCS Employment.com and the other BCS Employment Sites and/or any other services provided to You by BCS Employment, upon any breach by You of these Terms or if BCS Employment is unable to verify or authenticate any information You submit to BCS Employment.com or pursuant to other BCS Employment Site registration. Even after You are no longer a User of BCS Employment.com, certain provisions of these Terms will remain in effect.
These Terms constitute a binding agreement between You and BCS Employment, and is accepted by You upon your use of the BCS Employment Site.
