Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Bankers Crossing, Inc. (“Bankers Crossing”, “we, “us”, “our”) website (BankersCrossing.com) and the Membership Services (as each are defined below) provided by Bankers Crossing. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Bankers Crossing Web Site or Services. These Terms and Conditions are effective as of September 26, 2016. Membership Services shall be defined as any services provided for by Bankers Crossing to Users and may be referred to as the “Services.” You and User shall mean any individual or entity that uses the Sites and/or engages in the Services.
2. Permitted Uses and Regulations.
a. Permitted Uses.
The Sites are intended for individuals seeking employment and for employers seeking candidates for potential employment. You may use the Sites only for lawful purposes within the stated context of Bankers Crossing’s intended and acceptable use of the Sites in its sole discretion.
i. License to Use by Job Seekers.
Bankers Crossing hereby grants you a limited, terminable, non-exclusive right to access and use the Sites, for your personal, non-commercial use only, while seeking employment opportunities for yourself. You agree that you are solely responsible for the content of any resume or other documents you post to a Site and any consequences arising from such posting. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Bankers Crossing to any third party without the express written authorization of Bankers Crossing. Bankers Crossing reserves the right to suspend or terminate your access and use at any time if Bankers Crossing determines that you are in breach of these Terms and Conditions, in its sole discretion.
ii. License to Use by Employers.
Bankers Crossing hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Bankers Crossing to any third party without the express written authorization of Bankers Crossing. You agree that you are solely responsible for the content of any document you post to a Site and any consequences arising from such posting. Bankers Crossing reserves the right to suspend or terminate your access and use at any time if Bankers Crossing determines that you are in breach of these Terms and Conditions. Employer represents, warrants and covenants that any materials or documents provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Bankers Crossing a non-exclusive, worldwide, royalty-free license to use the materials and documents and to hyperlink to Employer’s website in connection with the Services, if necessary.
iii. License to Use Candidate Database by Employers.
Bankers Crossing grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Bankers Crossing candidate database via the Sites for the purpose of viewing and/or downloading a single copy of paper and/or video resumes and other materials or documents related thereto solely for your use. The candidate database is to be accessed and used solely by you. Upon your successful registration for the candidate database, you will be provided with a password that will permit you to access the candidate database. You may not provide your password or otherwise permit access to the candidate database to any third party. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated security software. You may not use the candidate database in any way that, in Bankers Crossing’s sole judgment, adversely affects Bankers Crossing’s business, business prospects, the performance or function of any Site or the candidate database, or interferes with the ability, of other subscribers to access the candidate database. Further, your use of the candidate database may not interfere or violate, in any manner, the privacy election of Bankers Crossing Job Seekers. You may use your registration to the candidate database only for seeking candidates for employment. You are specifically prohibited from using information contained in the candidate database to sell or promote any products or services or to take any other action that is, in Bankers Crossing’s sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. Bankers Crossing may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the candidate database at any time. By permitting access to the Bankers Crossing candidate database, Bankers Crossing does not convey any interest in or to the candidate database or any other Bankers Crossing property or Services. All rights, title, and interest in and to the candidate database are and shall remain with Bankers Crossing.
i. You represent, warrant and agree that you (a) are at least 18 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
ii. You are expressly prohibited from exploiting job postings for any commercial purpose. You are also expressly prohibited from forwarding job postings to any group or mass distribution list or forwarding job postings in violation of any local, state, federal or international laws, rules or regulations, including, without limitation, the federal CAN-SPAM Act of 2003.
iii. Job postings must be individual openings for traditional, W-2 employees or 1099 contractors. Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf. Bankers Crossing is under no obligation to monitor the resumes, documents and/or materials. All postings shall be free from any discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing or abusive content. In addition, postings shall not contain any copyrighted material or confidential information or trade secrets of any party.
iv. Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Bankers Crossing immediately of any unauthorized use of your registration and password.
3. Bankers Crossing Intellectual Property Rights.
The Sites, their content and any and all materials and all right, title and interest in and to the Sites are the sole property of Bankers Crossing or its licensors and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Bankers Crossing reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the content or any materials, or use them in any other way for public or commercial purpose. The use of the content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Bankers Crossing design logo and certain other names or logos are service marks or trademarks of Bankers Crossing, and all related product and service names, design marks and slogans are the service marks or trademarks of Bankers Crossing. Any code that Bankers Crossing creates to generate or display the content or the pages making up the Sites is also protected by Bankers Crossing’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Bankers Crossing materials on any authorized copy you make of the content or Bankers Crossing materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4. Disclaimers and Limitations on Bankers Crossing’s Liability.
a. Allocation of Responsibility.
Bankers Crossing assumes no responsibility for resumes, documents and/or materials posted by Users and no responsibility for the activities, omissions or other conduct of Users. Bankers Crossing acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring resumes, documents and/or materials posted by Users. If notified by a User of a resume, document and/or material which allegedly does not conform to these Terms and Conditions, Bankers Crossing may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such resume, document and/or material. Bankers Crossing has no liability or responsibility to Users for performance or nonperformance of such activities. Bankers Crossing may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
b. No endorsements by Bankers Crossing.
Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices or otherwise.
c. WARRANTY DISCLAIMERS.
i. THE SITES ARE PROVIDED ON AN ‘AS IS’ BASIS
WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BANKERS CROSSING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. BANKERS CROSSING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
ii. WITHOUT LIMITATION ON THE FOREGOING:
BANKERS CROSSING DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BANKERS CROSSING IS NOT RESPONSIBLE FOR THOSE COSTS.
BANKERS CROSSING MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY RESUMES, DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. RESUMES, DOCUMENTS, AND MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON RESUMES, DOCUMENTS AND MATERIALS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
BANKERS CROSSING MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITES, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
BANKERS CROSSING MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. BANKERS CROSSING DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES’ BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES’ BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE BY YOU.
d. DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
i. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE RESUMES, DOCUMENTS, AND MATERIALS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
ii. IN NO EVENT SHALL BANKERS CROSSING (OR ANY OF ITS OFFICERS,DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR AGENTS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY RESUME, DOCUMENT OR MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BANKERS CROSSING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
iii. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN BANKERS CROSSING’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO $350.00 USD IN THE AGGREGATE.
iv. IN NO EVENT SHALL BANKERS CROSSING (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR AGENTS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF $350.00 USD OR THE AMOUNTS ACTUALLY PAID BY YOU TO BANKERS CROSSING IF GREATER THAN $350.00 USD).
v. DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT BANKERS CROSSING WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
e. User Authentication.
Because User authentication on the Internet is difficult, Bankers Crossing cannot and does not confirm that each User is who they claim to be. Because Bankers Crossing does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Bankers Crossing 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.
f. California Residents.
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.”
5. Binding Agreement.
These Terms and Conditions (as they may be amended from time to time by Bankers Crossing) form a binding agreement (the “Agreement”) between you and Bankers Crossing. Your access to or use of the Sites or Services indicates your acceptance of these Terms and Conditions. You agree to use the Sites at your own risk.
6. Links to Other Sites.
Bankers Crossing contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Bankers Crossing of the contents on such third-party websites. Bankers Crossing is not responsible for the content of the 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.
7. Amendments to this Agreement and Changes to Sites.
Bankers Crossing may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may no longer use the Site. Any new or different terms supplied by you are specifically rejected by Bankers Crossing unless Bankers Crossing agrees to them in a signed writing specifically including those new or different terms. Bankers Crossing may change the Sites at any time.
You agree to defend, indemnify, and hold harmless Bankers Crossing (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any resume, document and/or material posted by you, your use of the Services or your breach of this Agreement. Bankers Crossing shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
9. Costs of Enforcement.
In the event of any legal action arising hereunder or between Bankers Crossing and a User, and Bankers Crossing is the prevailing party, the User shall be responsible for reimbursing Bankers Crossing all of its reasonable costs and expenses (including but not limited to attorneys’ fees) relating to the legal action.
a. When you register on any of the Bankers Crossing Sites or in connection with the Services, you will be asked to create an account and provide Bankers Crossing with certain information, including but not limited to, a valid email address, contact information (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
This Agreement is governed by the internal substantive laws of the State of Pennsylvania, 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 in the State of Pennsylvania. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Bankers Crossing in a particular “Legal Notice,” or material on particular web pages of the Sites, this Agreement constitutes the entire agreement between you and Bankers Crossing.
12. Copyright Complaints.
Bankers Crossing respects the intellectual property of others. It is Bankers Crossing’s policy to respond to claims of copyright and other intellectual property infringement. Bankers Crossing will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Bankers Crossing may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Bankers Crossing will terminate access for Users who are repeat infringers.
To notify Bankers Crossing of Copyright Infringement, you must provide a written communication to email@example.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html – 512). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyright of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.