Terms & Conditions

Fermentationjobs.com (“FJC”) maintains its websites as an information source for Job seekers and employers. Job seekers may post their profiles online and employers may search for suitable Job seekers. Employers may also post positions online and Job seekers may forward their resumes directly to employers. By using websites owned and operated by FJC, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use or review information from FJC websites.

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to FJC websites (the “Site”). This Agreement constitutes the entire and only agreement between FJC and a user of the Site (“you” or “your”), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and services provided by or through the Site, and the subject-matter of this Agreement. You agree to review this Agreement prior to reviewing any information or posting any information on the Site. This Agreement may be amended by FJC from time to time without specific advance notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site each time.

2. Copyright

The names, trademarks, service marks, logos, content, organization, gathering, compilation, and other matters related to the Site are owned by FJC and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such content or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content or information obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Nothing contained on the Site should be interpreted as granting, by implication, waiver or otherwise, any license or right of use to any trademark displayed on the Site without the written authorization of the owners and operators of FJC, or the third party owner of the trademark, if applicable.

3. Limited Right to Use

The viewing or downloading of any content, resume or other information from the Site grants to you only a limited, non-exclusive license for use solely by you for personal or internal company use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, resume or other information may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal or internal company use (but not for resale or redistribution). Payment for use of the Site shall be made to FJC in accordance with the terms outlined on the Site, as revised from time to time. FJCmay refuse any job seeker or employer posting on the Site, or any potential job seeker’s or employer’s use of the Site for any reason, acting reasonably.

4. Editing, Deleting and Modification

FJC reserves the right to source employer Job postings to 3rd party aggregator services. FJC reserves the right in its sole discretion to edit, delete or modify any content, resumes or other information appearing on the Site.

5. Indemnification

6. Non-transferable

Your right to use the Site is not transferable. Any password or right given to you to obtain content, resumes or other information appearing on the Site is not transferable. You are completely and solely responsible for maintaining the confidentiality of your password and are fully responsible for any actions that occur involving the use of your password.

7. Disclaimer

1. THE CONTENT, RESUMES OR OTHER INFORMATION OBTAINED FROM OR THROUGH THE SITE ARE PROVIDED “AS IS”, AND “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). THE CONTENT, RESUMES OR OTHER INFORMATION ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FJC AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, ANY CONTENT, RESUMES OR OTHER INFORMATION OBTAINED FROM THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NJC AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FJC AND YOU. THE SITE AND THE CONTENT, RESUMES OR OTHER INFORMATION OBTAINED FROM THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IF YOU RESIDE IN A JURISDICTION WHICH DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR ANY OF THE LIMITATIONS TO LIABILITY SET FORTH HEREIN, YOU ARE NOT PERMITTED TO USE THE SITE. 2. The content, resumes and other information found within the Site or available through the Site may not be appropriate under the circumstances for any particular employment position. The requirements of a specific employment position may require Job seekers not represented on the Site. FJC aggressively sources individuals to constantly increase its qualified pool of Job seekers. However, FJC cannot guarantee the quantity of Job seeker responses each Job posting will receive. While FJC uses best efforts to keep all the information on the Site as current as possible, no representations, warranties or guarantees whatsoever are made as to the availability, accuracy, currentness, completeness, adequacy, reliability, suitability or applicability of any content, resume or other information found on the Site to a particular employment need. FJC assumes no liability for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site, or your inability to use the Site. 3. The Site’s content, resumes and other information should be treated as a guide or starting point and should not be considered a substitute for professional hiring analysis. The Site’s content, resumes and other information are licensed with the understanding and agreement that FJC and its Affiliated Parties are not engaged in rendering employment, human resources, or other professional services. If employment, human resources, or other professional services are required, the services of a competent professional should be sought. You assume all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any content, resumes and other information and for the selection of an employer or employee. Job seekers using the Site are not guaranteed contacts, interviews or employment, and shall contact potential employers found through the Site at their own risk. 4. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the content, resumes and other information on the Site is disclaimed.

8. Use of Information

FJC reserves the right, and you authorize FJC, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with the FJC Privacy Policy.

9. Resume Search

Employers who purchase the resume search feature may contact any Job seeker directly; FJC does not screen Job seekers, nor validate the information that Job seekers submit to the Site. Employers assume responsibility for verifying the accuracy of all information that Job seekers submit to the Site. Third parties may not receive resumes or related Site information from any employer in any fashion. FJC shall deny resume access to you with no refund if FJC receives a complaint from a Job seeker that they were solicited by anyone other than a first party employer that has an opportunity listed with FJC. FJC reserves the right to exclude solicitations and third party access to this information. No refunds will be provided in such cases.

10. Employer Search

FJC does not screen employers, nor validate the information that employers submit to the Site, including the need for new employees. Job seekers assume responsibility for verifying the accuracy of all information that employers submit to the Site.

11. International Law

FJC makes no representation that material on the Site, in whole or in part, is suitable or available for use in other locations, and accessing the Site from territories where its content is unlawful is absolutely forbidden. Those who decide to enter the Site from other locations do so on their own initiative and are completely and solely accountable for compliance with local, national and international laws.

12. Termination

This Agreement is effective unless and until modified as described above, or terminated, at any time, by FJC. If, in the sole judgment of FJC, you are not in compliance with this Agreement, FJC may terminate this Agreement without any notice and restrict or deny your access to the Site.

13. Links to Other Websites

The Site may contain links to other websites. FJC is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by FJC. Inclusion of any linked website does not imply approval or endorsement of the linked website by FJC. If you decide to leave the Site and access these third party sites, you do so at your own risk.

14. Third Party Content

The Site may contain third party content such as advertisements and information related to training seminars, trade shows, local events, selling tools, and similar content. FJC is not responsible for the content, accuracy, or opinions expressed in such third party content, and such content is not investigated, monitored or checked for accuracy or completeness by FJC. Inclusion of such content on the Site does not imply approval or endorsement of such content by FJC. If you decide to access or rely upon such content, you do so at your own risk.

15. Miscellaneous

This Agreement shall be treated as though it were executed and performed in California, and shall be governed by and construed in accordance with the laws of California (without regard to conflict of law principles). Any cause of action of you with respect to the Site (and/or content, resumes or other information, thereon) must be instituted within six months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 7. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Napa, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of NJC to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. You must be at least 13 years old to access the Site.

16. Refund Policy

FJC does not provide refunds for any reason.

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