Please read this page carefully. It contains the Terms of Service (the “Terms of
Service”) governing your access to and use of the SkilledJobsDirect Web Site provided
by Skilled Jobs Direct, LLC ("Skilled Jobs Direct," "SkilledJobsDirect," "we," "us"
or "our"). By accessing this web site, you are agreeing to be bound by these web
site Terms of Service, all applicable laws and regulations, and agree that you are
responsible for compliance with any applicable local laws. If you do not accept
these Terms of Service or you do not meet or comply with their provisions, you may
not use the SkilledJobsDirect Web Site or Service. The materials contained in this
web site are protected by applicable copyright and trade mark law. These Terms of
Service are effective as of July 9, 2012.
2. Binding Agreement.
These Terms of Service (as they may be amended from time to time by SkilledJobsDirect)
form a binding agreement (the "Agreement") between you and SkilledJobsDirect. Your
access to or use of the SkilledJobsDirect Web Site or Service indicates your acceptance
of these Terms of Service. You are agreeing to use the Site at your own risk.
The following definitions apply to this Agreement:
3.1 “SkilledJobsDirect Materials” includes any materials, methodologies or other
intellectual property used during the provision of Services.
3.2 “SkilledJobsDirect Web Site” or the “Site” (collectively, the “SkilledJobsDirect
WebSite” or the “Site”) means any web site under SkilledJobsDirect’s control, whether
partial or otherwise and includes such Site’s Content, Text, Graphics, Design, Programming,
SkilledJobsDirect Materials and Services (as applicable in each context).
3.3 “Content” includes all Text, Graphics, Design and Programming used on the Site.
3.4 “Design” includes the color combinations and the page layout of the Site. "Programming"
Server Pages, VBScript, databases, etc.) used on the Site.
3.5 “Document” refers to any posting to the Site.
3.6 “Recruiter” means a person or entity that is accessing the Site to post a job
or utilizing the Services for any reason related to the purpose of seeking candidates
3.7 “Recruiter Materials” includes any brochures, emails, sample job postings, web
site content, career fair material, audio, videos, photographs, logos, trademarks,
service marks, domain names, documents or other materials provided by Recruiter,
if any, for use in connection with the Services.
3.8 “Graphics” includes all logos, buttons, and other graphical elements on the
Site, with the exception of paid advertising banners.
3.9 “Job Seeker” means a User who is accessing the Site to search for a job or in
any other capacity except as a SkilledJobsDirect.
3.10 “Services” means any services provided by SkilledJobsDirect or its agents described
3.11 “Text” includes all text on every page of the Site, whether editorial, navigational,
3.12 “User” refers to any individual or entity that uses any aspect of the Site.
3.13 “You” or “you” means the person who (or the entity on behalf of whom you are
acting) that is agreeing to these Terms of Service.
4. Intellectual Property Rights and Acceptable Use of the Site and Service.
4.1 General Use Rules. The Site is intended for individuals seeking employment and
for employers or recruiters seeking candidates for employment. You may use the Site
only for lawful purposes within the stated context of SkilledJobsDirect's intended
and acceptable use of the Site. SkilledJobsDirect is the sole interpreter of the
Site’s intended and acceptable use.
4.2 SkilledJobsDirect Intellectual Property Rights. All Intellectual Property Rights
(including, without limitation, all database rights, rights in designs, rights in
know-how, patents and rights in inventions (in all cases whether registered or unregistered
and including all rights to apply for registration) and all other intellectual or
industrial property rights in any jurisdiction) in any information, content, materials,
data or processes contained in or to this website belong to Skilled Jobs Direct
LLC. All rights of Skilled Jobs Direct LLC in such Intellectual Property Rights
are hereby reserved.
4.3 License to Use by Users who are Job Seekers. SkilledJobsDirect hereby grants
you a limited, terminable, non-exclusive right to access and use the Site only for
your personal use seeking employment opportunities for yourself. a. Permission is
granted to temporarily download one copy of the materials (information or software)
on SkilledJobsDirect's web site for personal, non-commercial transitory viewing
only. This is the grant of a license, not a transfer of title, and under this license
you may not: i.modify or copy the materials; ii.use the materials for any commercial
purpose, or for any public display (commercial or non-commercial); iii.attempt to
decompile or reverse engineer any software contained on SkilledJobsDirect's web
site; iv.remove any copyright or other proprietary notations from the materials;
or v.transfer the materials to another person or "mirror" the materials on any other
server. b. This license shall automatically terminate if you violate any of these
restrictions and may be terminated by SkilledJobsDirect at any time. Upon terminating
your viewing of these materials or upon the termination of this license, you must
destroy any downloaded materials in your possession whether in electronic or printed
4.4 License to Use by Users who are Recruiters. SkilledJobsDirect hereby grants
you a limited, terminable, non-exclusive right to access and use the Site only for
your internal business use seeking candidates for employment. a. Permission is granted
to temporarily download one copy of the materials (information or software) on SkilledJobsDirect's
web site for personal, non-commercial transitory viewing only. This is the grant
of a license, not a transfer of title, and under this license you may not: i.modify
or copy the materials; ii.use the materials for any commercial purpose, or for any
public display (commercial or non-commercial); iii.attempt to decompile or reverse
engineer any software contained on SkilledJobsDirect's web site; iv.remove any copyright
or other proprietary notations from the materials; or v.transfer the materials to
another entity or "mirror" the materials on any other server. b. This license shall
automatically terminate if you violate any of these restrictions and may be terminated
by SkilledJobsDirect at any time. Upon terminating your viewing of these materials
or upon the termination of this license, you must destroy any downloaded materials
in your possession whether in electronic or printed format.
4.5 Recruiter Materials. Recruiter represents, warrants and covenants that any Recruiter
Materials provided by Recruiter 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. Recruiter hereby grants SkilledJobsDirect a non-exclusive, worldwide,
royalty-free license to use the Recruiter Materials and to hyperlink to Recruiter’s
website in connection with the Services.
4.6 Other Specific Rules Regarding Site Usage. You represent, warrant and agree
that you (a) are at least 13 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
Site and Service 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 Site
for any purpose or in any manner that is prohibited by these Terms of Service or
by applicable law. It is your responsibility to ensure that your use of the Site
complies with these Terms of Service and all applicable laws.
4.7 User Submissions. SkilledJobsDirect welcomes your comments regarding the Service
and the Site and appreciates hearing from you. Please note, however, that SkilledJobsDirect
does not accept or consider creative ideas, suggestions, inventions or materials
other than those which it has specifically requested. If you submit feedback on
the Service, please be specific in your comments and do not submit creative ideas,
inventions, suggestions, or materials. If, despite this notice, you send SkilledJobsDirect
creative suggestions, ideas, drawings, concepts, inventions, or other information
(a "User Submission"), you understand and agree that the User Submission shall become
the property of SkilledJobsDirect. User Submission and any elements contained in
User Submissions, shall not be subject to any obligation of confidentiality on SkilledJobsDirect’s
part, and SkilledJobsDirect will not be liable for any use or disclosure of any
User Submission. SkilledJobsDirect shall exclusively own all now known or later
discovered rights to the User Submission and shall be entitled to unrestricted use
of the User Submission for any purpose whatsoever, commercial or otherwise, without
compensation to you or any other person.
5. Third Party Providers.
You acknowledge and agree that SkilledJobsDirect may provide the Services using
third party providers, including subcontractors and consultants (the “Third Party
Providers”). You agree that, as between SkilledJobsDirect and its Third Party Providers,
SkilledJobsDirect will have sole responsibility for handling all billing and contract
6. Disclaimers and Limitations on SkilledJobsDirect's Liability.
6.1 Allocation of Responsibility. SkilledJobsDirect assumes no responsibility for
Documents posted by Users and no responsibility for the activities, omissions or
other conduct of Users. SkilledJobsDirect 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 Documents
posted by Users. If notified by a User of a Document which allegedly does not conform
to these Terms of Service, SkilledJobsDirect may investigate the allegation and
determine in good faith and in its sole discretion whether to remove or request
the removal of such Document. SkilledJobsDirect has no liability or responsibility
to Users for performance or nonperformance of such activities. SkilledJobsDirect
may take any action with respect to User submitted information that it deems necessary
or appropriate, in its sole discretion.
6.2 No endorsements by SkilledJobsDirect. Nothing on the Site 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.
6.3 WARRANTY DISCLAIMERS. SKILLED JOBS DIRECT LLC MAKES NO WARRANTIES WHATSOEVER
AND PROVIDES THIS WEBSITE AND SERVICES ON AN "AS IS" BASIS. SKILLED JOBS DIRECT
LLC AND ITS AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. SKILLED JOBS DIRECT LLC DOES NOT WARRANT THE OPERATION OF
THE WEBSITE OR SERVICES TO BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL DEFICIENCIES
OR ERRORS ARE CAPABLE OF BEING CORRECTED. FURTHERMORE, SKILLED JOBS DIRECT LLC DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE OR SERVICES
OR THE RESULTS OBTAINED THEREFROM OR THAT THE WEBSITE OR SERVICES WILL SATISFY USER'S
REQUIREMENTS. USER EXPRESSLY AGREES THAT USE OF THE WEBSITE AND SERVICES IS AT USER’S
SOLE RISK. SKILLEDJOBSDIRECT 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, MADE BY YOU.
6.4 LIMIT OF LIABILITY. IN NO EVENT SHALL SKILLED JOBS DIRECT LLC, ITS AFFILIATES
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR FINES
OR LOSS OF DATA, GOODWILL, BUSINESS, PROFITS OR INTERRUPTION IN USE OR AVAILABILITY
OF THE PRODUCTS OR THE LIKE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SKILLED JOBS DIRECT LLC SHALL NOT BE LIABLE FOR ANY EXPENSE OR
DAMAGE ARISING OUT OF ANY ERASURE, DAMAGE OR DESTRUCTION OF FILES, DATA OR OTHER
DIGITAL INFORMATION. IN NO EVENT SHALL SKILLED JOBS DIRECT LLC AGGREGATE LIABILITY
FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE FOREGOING
LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OR THE FORM OF ACTION (WHETHER BASED
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE) AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ASSUME ALL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS AND
DATA YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
6.5 User Authentication. Because User authentication on the Internet is difficult,
SkilledJobsDirect cannot and does not confirm that each User is who they claim to
be. Because SkilledJobsDirect does not and cannot be involved in User-to-User dealings
or control the behavior of participants on the Site, in the event that you have
a dispute with one or more Users, you release SkilledJobsDirect 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. 6.6 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."
7. Payment of Services upon Termination.
If at any time during the course of this Agreement you should terminate use, these
Terms of Service have been incorporated by reference, then SkilledJobsDirect shall
reserve the right to receive all payments from you for the Services used by you
up to termination and for seventy five percent (75%) of the remaining unused portion.
8. Links to Other Sites.
SkilledJobsDirect contains links to third party web sites. These links are provided
solely as a convenience to you and not as an endorsement by SkilledJobsDirect of
the contents on such third-party web Site. SkilledJobsDirect 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.
9. Amendments to this Agreement and Changes to the Site.
SkilledJobsDirect may revise these Terms of Service at any time by updating this
page. Changes will be binding on you on the date they are posted on the Site. Any
use of the Site will be considered acceptance by you of the then-current Terms of
Service (including any exhibits thereto) contained on such Site. If at any time
you find the Terms of Service unacceptable, you may not use the Site any longer.
Any new or different terms supplied by you are specifically rejected by SkilledJobsDirect
unless SkilledJobsDirect agrees to them in a signed writing specifically including
those new or different terms. SkilledJobsDirect may change the Site at any time.
You agree to defend, indemnify, and hold harmless SkilledJobsDirect (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 Site, any Document or Data posted by you, your use of the Service
or your breach of this Agreement. SkilledJobsDirect 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.
11.1 When you register on any of the SkilledJobsDirect Site or in connection with
the Services, you will be asked to create an account and provide SkilledJobsDirect
with certain information, including but not limited to, a valid email address (“User
Information”). You acknowledge and agree that you have no ownership rights in your
11.2 All User Information will be used in accordance with the terms of SkilledJobsDirect’s
may collect certain User Information and may contact Users periodically in accordance
right to comply, in its sole discretion, with legal requirements, requests from
law enforcement agencies or requests from government entities, even to the extent
that such compliance may require disclosure of certain User Information. In addition,
third parties may retain cached copies of User Information.
12. Questions and Notices.
Questions concerning the use of the Site should be directed to
. Notices to SkilledJobsDirect should be sent
to the address listed on the Site. We will send notice to you at the address submitted
by you or to such other address as SkilledJobsDirect reasonably determines is an
appropriate address for you.
SkilledJobsDirect contact information is listed on the Site. SkilledJobsDirect makes
no claims that the Content is appropriate or may be downloaded outside of the United
States. Access to the Content may not be legal by certain persons or in certain
countries, and such persons have no right to access or use the Site. If you access
SkilledJobsDirect from outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction. This Agreement
is governed by the internal substantive laws of the State of Alabama, 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
Alabama. The sole relationship between you and SkilledJobsDirect is that of independent
contractors. 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 Site, 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 SkilledJobsDirect in a particular "Legal Notice," or material
on particular web pages of the Site, this Agreement constitutes the entire agreement
between you and SkilledJobsDirect.
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Site and/or the Service. The list of
rules is for illustration only and is not a complete list of all posting, conduct
and security rules.
14.1 Posting Rules: (a) You may not post any Document or Data to a Site that contains:
(i) URLs or links to web Site (to advertise your company or web site, see our Advertising
Info page.); (ii) copyrighted material (unless you own the copyright or have the
owner's permission to post the copyrighted material); (iii) trade secrets (unless
you own them or have the owner's permission to post them); (iv) material that infringes
on or misappropriates any other intellectual property rights, or violates the privacy
or publicity rights of others; (v) keywords or white text keywords (including any
words embedded in the Document or Data and hidden from the User); (vi) anything
that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening,
harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive
to another person or entity. (b) You may not use a Document(s) or Data to: (i) impersonate
another person, living or dead; (ii) post false, inaccurate or misleading information,
opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements,
or solicitations of business (including, but not limited to, email processors, any
pyramid scheme or “club membership”); provided, however that SkilledJobsDirect may
allow posting of certain business opportunities which require an upfront or periodic
payment or pay commission only in which case SkilledJobsDirect reserves the right,
in its sole discretion, to place such posting in a designated location on its Site
or to remove the posting altogether if it deems such description deceptive or unsatisfactory
to protect its Users. (c) Your Document(s) or Data must contain sufficient detail
to convey clearly to the User the nature and requirements of the job opportunity,
or, in the case of Users seeking employment, your qualifications as a candidate
for employment. Documents or Data that encourage the User to "email for more details"
are not permitted. Documents from any third party charging a fee or restricting
complete access to all resume information are prohibited. (d) Job postings must
be individual openings for traditional, W-2 or 1099 employees. (e) 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. (f) SkilledJobsDirect
is under no obligation to monitor the Documents or Data posted on the Site, but
it may monitor Documents or Data at random. Documents or Data found to violate the
above Posting Rules may be removed at SkilledJobsDirect's sole discretion.
14.2 Conduct Rules: (a) You may not respond to postings by other Users in any manner
or for any purpose other than that which is expected (i.e., to apply for the job
or to initiate further discussion with the candidate). Communications soliciting
the Recruiter's business are prohibited. (b) You may not send unsolicited commercial
email to Users. (c) 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 Site, you risk losing your access to the Site.
You agree to notify SkilledJobsDirect immediately of any unauthorized use of your
registration and password. (d) Report inappropriate postings or conduct to
. (e) You may not delete or revise any material
posted by any other person or entity. (f) If at any time SkilledJobsDirect comes
to the understanding that you: (i) misled SkilledJobsDirect regarding your business
practices and/or services, or (ii) purchased services that do not represent your
precise business, SkilledJobsDirect reserves the right to terminate your Agreement.
14.3 Security Rules: (a) Users are prohibited from violating or attempting to violate
the security of the Site, including, without limitation: (i) accessing data not
intended for such User or logging into a server or account which the User is not
authorized to access; (ii) attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication measures without proper
authorization; (iii) attempting to interfere with service to any User, host or network,
including, without limitation, via means of submitting a virus to the Site, overloading,
"flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including
promotions and/or advertising of products or services; (v) forging any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability.
SkilledJobsDirect 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.
15. Copyright Complaints.
15.1 SkilledJobsDirect respects the intellectual property of others. It is SkilledJobsDirect's
policy to respond to claims of copyright and other intellectual property infringement.
SkilledJobsDirect 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, SkilledJobsDirect 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. SkilledJobsDirect
will terminate access for Users who are repeat infringers.
15.2 Notifying SkilledJobsDirect of Copyright Infringement: To provide SkilledJobsDirect
notice of an infringement, you must provide a written communication to the attention
of "Copyright Infringement" care of Support@SkilledJobsDirect.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 infringing your copyright.
15.3 Providing SkilledJobsDirect with Counter-Notification: If we remove or disable
access to content in response to an infringement notice, we will make reasonable
attempts to contact the owner or administrator of the affected site or content.
If you feel that your material does not constitute infringement, you may provide
SkilledJobsDirect with a counter notification by written communication to the attention
of "Copyright Infringement" at Support@SkilledJobsDirect.com that sets forth all
of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys' fees)
if you materially misrepresent that an activity is not infringing the copyrights
of others. If you are uncertain whether an activity constitutes infringement, we
recommended seeking advice of an attorney.
16. Additional Terms in Connection with Use of Profile Database.
If you are purchasing Profile Database access, the following additional terms apply
16.1 SkilledJobsDirect grants you a limited, personal, terminable, non-transferable,
non-exclusive right to access the SkilledJobsDirect Profile Database via the Site
for the purpose of viewing and/or downloading a single copy of available paper profiles
(collectively “Profiles”) solely for your use.
16.2 The Profile Database is to be accessed and used solely by you. Upon your successful
registration for Profile Database subscription, you will be provided access to the
Profile Database. You may not provide access to the Profile Database to any third
party. You may download, one at a time, up to 50 Profiles per day in accordance with the terms of your Agreement. Please
note that the term “download” shall include: (i) viewing or clicking on a Profile
page; (ii) saving a Profile to a folder; (iii) printing a Profile; (iv) copying
a Profile; (v) emailing or forwarding a Profile; and/or (vi) any other action that
results or could result in your use of a Profile or any of the information contained
16.3 You may not use the Profile Database in any way which, in SkilledJobsDirect’s
sole judgment, adversely affects SkilledJobsDirect’s business, business prospects,
the performance or function of any Site or the Profile Database, or interferes with
the ability, of other subscribers to access the Profile Database. Further, your
use of the Profile Database may not interfere or violate, in any manner, the privacy
election of SkilledJobsDirect Job Seekers.
16.4 You may use your subscription to the Profile Database only for seeking candidates
for employment, You are specifically prohibited from using information contained
in the Profile Database to sell or promote any products or services or to take any
other action that is, in SkilledJobsDirect’s sole judgment, inconsistent with these
Terms of Service, misleading or incomplete, or in violation of any Federal, State,
Local law, statute, code, rule, or regulation.
16.5 SkilledJobsDirect may terminate, suspend, update, alter or supplement, at its
sole discretion, all or any part of the Profile Database at any time. By permitting
access to the SkilledJobsDirect Profile Database, SkilledJobsDirect does not convey
any interest in or to the Profile Database or any other SkilledJobsDirect property
or Services. All right, title and interest in and to the Profile Database is and
shall remain in SkilledJobsDirect.
17. Collection and Attorney Fees
User agrees, without protest, to reimburse Skilled Jobs Direct for all actual and reasonable
expenses incurred by way of User's violation of any term or provision of these Terms of Service,
including, but not limited to $10.00 for each Notice to Pay or other notice mailed or delivered
by Skilled Jobs Direct to User due to User's non-payment, all court costs and attorney's fees and
all costs of collection. Both User and Skilled Jobs Direct waive trial by jury and agree to submit
to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Mobile
County, State of Alabama. In such event, no action shall be entertained by said court or any court
of competent jurisdiction if filed more than two years subsequent to the date the cause(s) of action accrued.