You must read and agree to the Subscriber Agreement and
conditions before you can use Avjobs, Inc. (Avjobs.com).
Please read them completely.
Subscriber Agreement
The Avjobs Portal service and the functions, facilities,
and services related thereto ("Service") is a subscription
service within a proprietary World Wide Web site operated
and maintained by Avjobs, Inc. ("Company"), a private
corporation, at the URL: http://www.avjobs.com and http://members.avjobs.com
and http://employers.avjobs.com (the "Avjobs.com Web
Site" and the "Service Web Sites," respectively). The
Service consists of multiple subscription services,
each of which is described in paragraph 15(a) of this
Agreement, and each of which is for use solely by individuals
and/or entities who are authorized by the Company to
use it. As used in this Subscriber Agreement ("Agreement"),
the terms "you," "your" and "Subscriber" refer to the
individual, company, organization or other legal entity
on whose behalf this Agreement is accepted.
By completing the registration form, you are applying
to become a paid Subscriber to the particular subscription
service(s) that you select ("Subscription"). This Agreement
sets forth the terms and conditions on which the Company
is willing to permit your use of the Service and your
responsibilities as a Subscriber. If your application
to become a Subscriber is accepted by the Company, you
agree to use the Service in strict accordance with,
and to be bound by, all of the terms and conditions
contained in this Agreement. If you do not wish to be
bound by this Agreement, simply DO NOT complete the
registration form and you will be returned to the Avjobs.com
Web Site home page.
If you are applying for a Subscription under a Multiple
User Plan, as described in paragraph 15(d)(1) below,
you agree to obtain, for the benefit of the Company,
the consent to the terms and conditions of this Agreement
by all Additional Users designated by you and to be
responsible for the full compliance with the terms and
conditions of this Agreement by all such Additional
Users. Only companies, organizations or other legal
entities may be Subscribers under Multiple User Plans,
and Additional Users under Multiple User Plans must
be employees of the Subscriber. This Agreement may be
viewed at any time by you and Additional Users at http://www.avjobs.com
or http://members.avjobs.com or http://employers.avjobs.com.
If you are an Additional User of a Subscription under
a Multiple User Plan, as described in paragraph 15(d)(1)
hereof, all of the rights, obligations and agreements
of Subscribers stated in this Agreement (whether referred
to as "Subscriber," "you" or "your") shall apply equally
to you as an Additional User, except for the obligation
to pay the Subscription fees and any other rights, obligations
or agreements expressly excepted from application to
Additional Users.
This Agreement is between you and the Company. The
Company may be reached through the following e-mail
address: support@avjobs.com. Use of the Service signifies
your agreement to all of the terms and conditions set
forth in this Agreement and modifications thereto made
in accordance with paragraph 13 hereof.
1. Subscription Services and Pricing
The subscription services provided through the Service
are described in paragraph 15(a) below. Each subscription
service provides access to one or more databases (the
"Database(s)") and is available under both Single User
Plans and Multiple User Plans, each of which are available
on both monthly and annual Subscription plans at the
rates set forth in paragraph 15(d)(1) below, subject
to the Company's right at any time to increase or otherwise
modify the Subscription rates, or types of Subscriptions
available. Notice of changes in rates and/or types of
subscription services will be sent to Subscribers via
e-mail notification, or will be posted on the Service
Web Sites or at the Avjobs.com Web Site.
2. User Name and Password
(a) Subscribers will be issued their own identification
code ("User Name") and password ("Password") at the
time of application to become a Subscriber. The User
Name and Password issued will be required to access
your Subscription on the Service. Subscribers may access
the Service only using their User Name and Password,
and (except as expressly provided below for Multiple
User Plans) may not allow any other person to access
the Service using their User Name or Password. Subscribers
shall not disclose their Password to any other person
or entity and shall make all reasonable efforts to maintain
their Password as secret and confidential. Subscribers
under a Multiple User Plan shall disclose their User
Name and Password only to the number of Additional Users
permitted under the Multiple User Plan for which the
Subscription fee is paid. Additional Users must be employees
of the Subscriber to the Multiple User Plan.
(b) Subscribers are solely responsible for maintaining
the confidentiality of their Password, and for all use,
whether authorized or unauthorized, of the Service under
their User Name and Password. The Company shall have
no obligation with regard thereto. If the individual
Subscriber has subscribed on behalf of a library or
other public institution entitled under paragraph 4(c)
to extend the license rights herein granted to patrons
of such institution, the Subscriber shall personally
access the Subscription prior to permitting access thereto
by the patron, without disclosing the Subscriber's Password
to the patron.
(c) Subscribers must promptly inform the Company
if they suspect any breach of security, such as loss,
theft, or unauthorized disclosure or use of any User
Name, Password, or credit card number used in connection
with the Service. Until the Company is properly notified
of a breach of security by e-mail notice at support@avjobs.com
or by telephone at 1-303-683-2322, the Subscriber will
remain responsible for any unauthorized use of the Service
occurring under the Subscriber's User Name and Password.
Liability for unauthorized use of your credit card is
subject to your agreement with your credit card company.
(d) Logs of all accesses to the Service may be kept
and (except in the case of Multiple User Plans) logins
from more than three (3) distinct second-level domains
shall constitute proof of violation of a Subscriber's
obligation not to disclose his/her Password, and may
result in the Company's termination of the Subscriber's
access to the Service, without notice or warning.
(e) REMEMBER YOUR USER NAME AND PASSWORD! If you
forget either of them, the Company may disclose them
to you under security procedures determined by the Company,
which may result in substantial delays in your ability
to access the Service.
3. Grant of Rights
This Agreement constitutes a non-exclusive, non-transferable
license to use the Service in strict accordance with
the provisions of this Agreement. The Database(s) and
all other aspects of the Service are the property of
the Company and are protected by copyright laws and
international treaties. This Agreement does not grant
you the right to use any Company trademark, service
mark, or logo for any purpose whatsoever.
4. License Rights
Upon your acceptance as a Subscriber or selection
by a Subscriber as an Additional User, and subject to
the restrictions in paragraph 5 below, you are hereby
granted a non-exclusive license to:
(a) Use the Service to perform searches of the Database(s)
included in your Subscription; and
(b) Print hard copies of any search output that does
not contain a significant segment of the Database(s),
which copies (i) may be used by Subscriber for INTERNAL
PURPOSES ONLY; (ii) must retain the Company's copyright
information on said hard copies; and (iii) may not be
sold or distributed.
The license rights granted herein are limited to
the Subscriber and authorized Additional Users alone
and do not extend to any subsidiary, parent, related
or affiliated organizations, OR TO ANY THIRD PARTY,
except that where the Subscriber is a library or other
public institution, Subscriber's rights to use the Service
and the Database(s) are extended to the patrons of those
institutions as well, so long as such use is in accordance
with the terms of this Agreement. All rights not expressly
granted in this Agreement are reserved to the Company.
5. Restrictions
(a) Subscriber shall not sell, distribute, loan,
lease, or commercially exploit the Database(s), or any
search output therefrom, or create any derivative work
using the Database(s).
(b) Subscriber shall not transfer, assign, or sublicense
this Agreement or its rights hereunder without the prior
written permission of the Company.
6. Personal Information
(a) The Company will maintain as confidential all
information regarding your credit card used to pay the
Subscription fee, where applicable, and will not disclose
such information to any third party except as may be
necessary to validate the card or to implement charges
for your Subscription, or as permitted by paragraph
8(b) hereof.
(b) You acknowledge and agree that the Company may
use other information about you which the Company obtains
either directly from you or which it obtains by the
nature of your use of the Service as permitted by paragraph
8(b) thereof.
7. Proprietary Materials
(a) The Service contains copyrighted material, trademarks,
and other proprietary information of the Company (collectively
"Proprietary Material"), including, but not limited
to, text, software, photos, graphics, and images. You
agree not to modify, publish, transmit, participate
in the transfer or sale of, create derivative works
of, or in any way exploit, in whole or in part, any
Proprietary Material.
(b) The Service in its entirety is: Copyright 1988-2008,
Avjobs, Inc.. All Rights Reserved.
(c) Except as otherwise expressly permitted by this
Agreement, or as permitted under copyright law, no posting,
copying, downloading, uploading, transmission, retransmission,
distribution, redistribution, publication, republication,
decompilation, disassembling, reverse engineering, or
otherwise modifying or commercially exploiting of any
Proprietary Material is permitted without the express
permission of the copyright owner. In the event of any
copying, redistribution, or publication of copyrighted
material as permitted by law, no changes in or deletion
of author attribution, trademark, legend, or copyright
notice shall be made.
(d) The Avjobs Email Account, The Avjobs Resume Account,
The Avjobs Ultimate Account, and The Avjobs Employer
Portal service marks and other Company marks and logos
are service marks and trademarks of the Company. Other
trademarks, service marks, and logos used in the Service
Web Sites or the Avjobs.com Web Site are the trademarks,
service marks, or logos of their respective owners.
8. Subscriber Information
(a) For purposes of identification, billing, and
marketing, Subscribers agree to provide the Company
with accurate, complete, and updated information required
at the time of registration as a Subscriber ("Registration
Data"), including your legal name, address, telephone
number(s), e-mail address, and applicable payment data
(e.g., credit card number and expiration date for Subscribers
paying by credit card), and other information. The Company
reserves the right to verify the accuracy of this information.
You agree to promptly notify the Company of any change
in your Registration Data. See paragraph 15 below for
details on notifying the Company of these changes. Failure
to comply with this provision may result in immediate
suspension or termination of your license to use the
Service.
(b) The Company reserves the right to reveal any
Registration Data or other information in its possession
regarding Subscribers and Additional Users in cooperation
with a request or investigation by any governmental
body or governmental agency, or as otherwise required
by law.
9. Indemnification
(a) You agree to indemnify, defend, and hold harmless
the Company and its directors, employees, licensors,
independent contractors, providers, subsidiaries and
affiliates (collectively, the "Affiliates") from and
against any and all liability and costs (including attorneys'
fees and costs) incurred by the Company and/or the Affiliates
in connection with any claim arising out of any breach
by you of any provision of this Agreement.
(b) You agree to cooperate as fully as reasonably
required in the defense of any such claims. The Company
reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not
in any event settle any claim without the written consent
of the Company.
10. LIMITED WARRANTY
(a) THE SERVICE AND THE DATABASE(S) ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY
AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY,
OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY
OR THROUGH THE SERVICE, AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY,
COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF
ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE
SERVICE RESTS WITH THE SUBSCRIBER.
(b) The Company does not warrant that the functions
of the Service will meet Subscriber's requirements or
that the operation of the Service or the Database(s)
will be uninterrupted or error free.
(c) The Company shall not be liable for any loss
or injury arising out of or caused, in whole or in part,
by any negligent acts or omissions in procuring, compiling,
collecting, interpreting, reporting, communicating,
or delivering information contained in the Service or
the Database(s).
(d) The Company has no control over the content of
the World Wide Web sites or Portable Document Format
(PDF) files of linked sites, companies, individuals,
groups, affiliates, or other entities that may be accessed
from Avjobs.com Web Site or the Service Web Sites through
hypertext links ("Linked Sites"), and is not responsible
for their content. The Linked Sites are provided for
your convenience only and you access them at your own
risk.
11. LIMITATIONS ON LIABILITY AND REMEDIES
(a) THE COMPANY IS NOT AND SHALL NOT BE LIABLE FOR
ANY CLAIM, INJURY, OR DAMAGE ARISING FROM THE USE OR
INABILITY TO USE THE SERVICE. THIS DISCLAIMER OF LIABILITY
INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS,
PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(b) In no event shall the Company be liable for any
indirect, special, incidental, punitive, or consequential
damages, including lost profits, arising out of the
use or performance of the Service, even if the Company
has been advised of the possibility of such damages.
(c) In the event that any of the limitations on liability
or remedies contained herein shall be adjudged invalid
by a court of competent jurisdiction, in no event shall
the Company's damages under any legal theory exceed
the total fees paid by Subscriber under the license
granted herein during the twelve months immediately
preceding the date on which the cause of action arose.
12. Termination
The Company may terminate the right of any Subscriber
to access the Service at any time, with or without cause,
in the Company's absolute discretion and without notice.
The recital in this Agreement of specific grounds for
termination of a Subscriber's right to access the Service
shall in no manner whatsoever limit the Company's absolute
right to terminate any Subscriber's access to the Service
under this paragraph.
13. Modifications of Agreement or Service
(a) The Company has the right to modify this Agreement
in any manner and at any time, without notice or liability.
Any modification is effective immediately upon the earlier
of (i) notice by electronic mail to the e-mail address
last provided to the Company by you; or (ii) fifteen
days following the date that the modified Agreement
is first posted on the Service. Your continued use of
the Service following its effective date shall be conclusively
deemed an acceptance of all such modification(s). Your
only right with respect to any dissatisfaction with
any modifications made pursuant to this provision, or
any policies or practices of the Company in providing
the Service, including, without limitation, (i) any
changes in the content of the Service, or (ii) any change
in the amount or type of fees, charges, or assessments
payable under this Agreement, is to terminate your Subscription
and continued use of the Service by delivering proper
notice thereof to the Company in accordance with the
instructions provided in paragraph 15(d)(7) below. Such
notice will be effective immediately, as set forth in
paragraph 15(d)(7)(ii) below.
(b) The Company may at any time, without notice or
liability, change or eliminate any content or feature
of the Service, or restrict the use of any portion of
the Service, including limiting the time of its availability,
the amount of use permitted, or the persons who are
permitted to use it. Your only right with respect to
any dissatisfaction with any service related change
or elimination is to terminate your Subscription and
continued use of the Service by delivering proper notice
to the Company in accordance with the instructions provided
in paragraph 15(d)(7) below. Such notice will be effective
immediately, as set forth in paragraph 15(d)(7)(ii)
below.
14. General
(a) Failure by the Company to enforce any provision(s)
of this Agreement shall not be construed as a waiver
of any provision or right.
(b) This Agreement, and all other aspects of a Subscriber's
use of the Service, shall be governed by and construed
in accordance with the laws of the State of Colorado,
without regard to its conflict of laws rules. All claims
and disputes arising out of this Agreement or your use
of the Service shall be submitted to and resolved by
binding arbitration, pursuant to the Rules and Regulations,
and under the auspices of the American Arbitration Association.
Any arbitration proceeding shall take place in the City
of Littleton, Colorado. No demand for arbitration or
action of any kind or nature arising out of this Agreement,
or out of any use of the Service by a Subscriber, shall
be brought by either the Company or any Subscriber more
than one year after the date on which the cause of action
first arises. Judgment upon the award rendered by the
arbitrator may be entered in, and enforced by, and each
party to this Agreement submits to the exclusive jurisdiction
of, the state and federal courts sitting in the City
of Littleton, Colorado, and waives any jurisdictional,
venue, or inconvenient forum objections to such courts.
In any arbitration proceeding or action to enforce the
arbitrator's award, the prevailing party will be entitled
to costs and attorneys' fees.
(c) This Agreement constitutes the entire agreement
between you and the Company with respect to the Service
and supersedes all prior agreements or understandings
between you and the Company with respect thereto.
15. Subscription Services, Fees and Policies
(a) The subscription services currently available
through the Service are:
(1) The Avjobs Email Account, which provides Subscribers
with self service access to View Job Locations & Titles,
Create an Online Bio, One (1) Avjobs Email Account,
Account Personalization, Industry News and Announcements.
This account type is designed for those that want to
know what jobs are available and where, but are not
ready to apply just yet, who want to place a short Bio
online for employers to view & contact them directly,
and those who want a professional aviation email address.
By entering specific criteria into search fields, Subscribers
can perform searches that will assist them in targeting
appropriate employment sources.
(2) The Avjobs Resume Account, which provides Subscribers
with self service access to the same services provided
in The Avjobs Email Account, plus an Online Job Application,
Aviation Specific Resume Builder, Preformatted Cover
Letters, Interactive Practice Interview, Advanced Industry
Career Tools, Company Profiles, and Resume of the Week
Eligibility. This account type is designed for
those who need a Professional Resume written to Aviation
Standards, those who want employers and hiring managers
to find them quickly, and those who want to use our
universal "Online Job Application", complete with pilot
and mechanic supplements. Applicant’s complete
credentials are directly available to registered employers.
(3) The Avjobs Ultimate Account, which provides Subscribers
with self service access to the same services provided
in The Avjobs Email Account, and The Avjobs Resume Account,
plus View Job Details & Apply Online, Save & Track Job
Listings, "One-Click" Application Service, Automated
Document Preparation, Interview Maps & Driving Directions,
Job Search System with 50+ ways to search jobs, and
Microsoft Outlook Calendar Integration. This account
type is designed for those who want the best jobs &
job search tools available in the aviation industry,
those who are looking for the complete package of aviation
employment assistance, and those that want help staying
on track throughout the job search process and every
step along the way.
(4) The Avjobs Employer Portal, which provides Subscribers
with self service access to Avjobs Recruiting Services
& Solutions Portal, is a service designed for aviation
executives and HR professionals to advertise jobs easily
and hire qualified applicants fast. This account
type is designed for employers and recruiters who want
to post unlimited jobs and search unlimited resumes,
who want to reach high quality, industry specific applicants
including recent graduates, entry-level applicants and
seasoned professionals that are actively seeking employment.
The Avjobs Employer Portal is available to aviation
recruiters and hiring managers in all sectors of commercial,
corporate, and general aviation, including airlines,
manufacturers, aerospace, airports and airport-based
businesses, who need to post one job, or post and manage
many jobs. The Avjobs Employer Portal gives you
self service access to post unlimited jobs and search
unlimited aviation specific resumes.
(b) You are responsible for all fees, charges, or
assessments resulting from use of the Service. All amounts
are to be paid in U.S. dollars.
(c) The Company reserves the right to increase any
fees, charges, or assessments and to institute new fees
at any time by notifying Subscribers via e-mail or posting
a notice on the Service Web Sites and/or the Avjobs.com
Web Site.
(d) The terms and conditions relating to Subscription
fees and policies are as follows:
(1) Subscription Plans and Rate Schedule
You may subscribe to any subscription service described
in paragraph 15(a) under either a Single User Plan (available
to individuals, companies, organizations or other legal
entities), in which you are the only person authorized
to use the Subscription, or a Multiple User Plan (available
only to companies, organizations or other legal entities),
in which you are the Subscriber and are entitled to
designate a limited number of "Additional Users" (the
number of Additional Users being determined by the Multiple
User Plan selected) to use the Subscription. At present,
the Multiple user Plans are determined at the time of
purchase. Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services.
Activation fees are non-refundable. The Subscription fees payable for each Subscription
plan are as follows:
(i) The Avjobs Email Account Subscription:
(I) Monthly Subscription: The monthly Subscription
is available only where payment is made by credit card.
The monthly fee payable for the Subscription plan for
The Avjobs Email Account is: Single User Plan -- $7.95.
(II) Annual Subscription: The annual fee payable
for the Subscription plan for The Avjobs Email Account
is: Single User Plan -- $79.95.
(ii) The Avjobs Resume Account Subscription:
(I) Monthly Subscription: The monthly Subscription
is available only where payment is made by credit card.
The monthly fee payable for the Subscription plan for
The Avjobs Resume Account is: Single User Plan -- $17.95.
(II) Annual Subscription: The annual fee payable
for the Subscription plan for The Avjobs Resume Account
is: Single User Plan -- $179.95.
(iii) The Avjobs Ultimate Account Subscription:
(I) Monthly Subscription: The monthly Subscription
is available only where payment is made by credit card.
The monthly fee payable for the Subscription plan for
The Avjobs Ultimate Account is: Single User Plan --
$24.95.
(II) Annual Subscription: The annual fee payable
for the Subscription plan for The Avjobs Ultimate Account
is: Single User Plan -- $249.95.
(iv) The Avjobs Employer Portal Subscription:
(I) Annual Subscription: The annual fee for the Subscription
plan for The Avjobs Employer Portal is: (A) Single User
Plan – Call for Pricing; (B) Multiple User Plan – Call
for Pricing.
(2) Billing Process and Procedures
(i) Monthly Recurring Subscription credit card payment-
When you subscribe to a subscription service on a monthly
Recurring Subscription, which requires credit card billing,
you are agreeing to have your credit card billed automatically
each month, unless and until you inform the Company's
Customer Service Department, via the provided online
self cancellation form that you wish to terminate your
Subscription. IF YOU FAIL TO MEET THE SELF CANCELLATION
SERVICE COMMITMENT BY NOT USING THE ONLINE SELF CANCELLATION
FORM FOR CANCELLING YOUR SUBSCRIPTION TO THE AVJOBS
SERVICE (OR IF AVJOBS TERMINATES YOUR SUBSCRIPTION TO
THE AVJOBS SERVICE DUE TO A BREACH OF THIS AGREEMENT),
YOU AGREE THAT AVJOBS MAY CHARGE YOU THE CANCELLATION
FEE OF $10.00 AGREED TO BY YOU AT THE TIME YOU SUBSCRIBED
TO THE AVJOBS SERVICE, AND YOU AGREE TO PAY ANY SUCH
CANCELLATION FEE. Due to the large volumes of
SPAM, BULK and JUNK e-mail, cancellation via e-mail
or FAX is no longer a valid form of cancellation as
we can not guarantee the receipt of your request.
All cancellation requests are confirmed in writing by
Avjobs for your records. However, please note that under
paragraph 15(d)(7) below there is no proration of your
monthly Subscription charge if you terminate your Subscription
before the end of its monthly period. Your Subscription
will be billed to your credit card, in advance, each
month, on the anniversary of your Subscription start
date. For example, if you subscribe on January 15th,
your credit card will be billed at the then current
monthly rate on that date for the period between January
15th and the following February 14th. Unless you provide
notice of termination of your Subscription, your credit
card will be billed once again at the then current rate,
on February 15th for the period between February 15th
and the following March 14th, and so forth. We are sorry
that we cannot offer any refunds once you have been
charged for your subscription. PLEASE NOTE THAT
SUBSCRIPTIONS ARE NON-REFUNDABLE.
(ii) Annual Recurring Subscription credit card payment
- If you elect to pay your annual Recurring Subscription
fee by credit card, you are agreeing to have your credit
card billed automatically each year at the then applicable
Subscription rate, unless and until you inform the Company's
Customer Service Department, via the provided online
self cancellation form that you wish to terminate your
Subscription. IF YOU FAIL TO MEET THE SELF CANCELLATION
SERVICE COMMITMENT BY NOT USING THE ONLINE SELF CANCELLATION
FORM FOR CANCELLING YOUR SUBSCRIPTION TO THE AVJOBS
SERVICE (OR IF AVJOBS TERMINATES YOUR SUBSCRIPTION TO
THE AVJOBS SERVICE DUE TO A BREACH OF THIS AGREEMENT),
YOU AGREE THAT AVJOBS MAY CHARGE YOU THE CANCELLATION
FEE OF $10.00 AGREED TO BY YOU AT THE TIME YOU SUBSCRIBED
TO THE AVJOBS SERVICE, AND YOU AGREE TO PAY ANY SUCH
CANCELLATION FEE. Due to the large volumes of
SPAM, BULK and JUNK e-mail, cancellation via e-mail
or FAX is no longer a valid form of cancellation as
we can not guarantee the receipt of your request.
All cancellation requests are confirmed in writing by
Avjobs for your records. However, please note
that under paragraph 15(d)(7) below there is no proration
of your annual Subscription charge if you terminate
your Subscription before the end of its annual period.
Your Subscription will be billed to your credit card,
in advance, each year on the anniversary of your Subscription
start date. For example, if you subscribe on January
15th, your credit card will be billed at the then current
rate on that date for the period between that date and
January 14th of the following year. Unless you provide
notice of termination of your Subscription by that date,
your credit card will be billed once again at the then
current rate on January 15th of the that year for one
year ending January 14th of the following year, and
so forth. You will receive a notice approximately one
month prior to the end of your annual subscription cycle
informing you that your credit card will be automatically
charged for the subsequent year on the anniversary date
of your annual subscription. We are sorry that we cannot
offer any refunds once you have been charged for your
subscription. PLEASE NOTE THAT SUBSCRIPTIONS ARE
NON-REFUNDABLE.
(iii) Annual Subscription check payment - If you
elect to pay your annual Subscription fee by check,
you will receive two renewal notices, the first approximately
two months prior to the end of your current Subscription
year and the second notice approximately one month prior
to the end of your current Subscription year. Your payment
of the renewal fee set forth in the renewal notice will
be required before the end of your current Subscription
year, or your Subscription will automatically terminate
at that time. We are sorry that we cannot offer any
refunds once you have been charged for your subscription.
PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.
(3) Credit Card Payment Process
(i) Credit card authorization - The credit card information
you supplied is automatically submitted for authorization,
once you have completed the registration form. This
authorization process may take up to 2 business hours;
once your credit card is authorized, you will receive
a "Welcome" message and e-mail confirming the successful
authorization of your credit card and the completion
of your registration process. (See paragraph 15(d)(4)
below.) This credit card authorization process will
be repeated prior to billing each subsequent Subscription
fee charge; however, you will receive the "Welcome"
and e-mail messages only at the time of your initial
registration.
(ii) Secure payment processing - The Company's secure
server software encrypts information to protect your
credit card transaction. If you have concerns, please
read our Security Statement. This statement is available
for future reference in the Service Help file.
(iii) Unsuccessful authorization - If, at the time
of any billing, the Company is unsuccessful in its attempts
to receive authorization for your credit card, the Company
will automatically send you an e-mail informing you
of this difficulty. You will be required to contact
your credit card processor and/or bank immediately to
determine the nature of the problem with your account,
and to notify the Company immediately of your updated
credit card information. The Company will add
a late fee of $25 to your unpaid balance after the 5th
day of unsuccessful authorization. In the interim,
the Company will continue to attempt to successfully
bill your account, each day, for up to 30 days. If the
Company is unable to do so, and has not heard from you
by the end of this 30-day period, your Subscription
will be terminated and your account may be turned over
to a collection agency for further collection.
The Company will add a collection fee of $10 to your
account to cover the costs of this collection activity.
If your dispute or deny a valid charge with your credit
card company without first attempting to resolve the
issue with Avjobs, you will be sent an invoice for the
disputed amount plus a $35.00 non-compliance processing
fee by regular postal mail. Copies will also be sent
to your bank and Credit Card Company. The invoice will
include, a copy of this Subscriber Agreement, your original
enrollment form, a detailed summary of account information
including access logs detailing when you accessed the
site in question and what ISP you used to do so.
(iv) Credit card expiration date - As a service to
Subscribers, the Company will automatically send you
e-mail notification informing you that your credit card
is due to expire within the next 30 days. In order to
continue your Subscription, without interruption, you
must supply the Company's Customer Service Department
with updated credit card information, or a brand new
credit card and expiration date prior to the expiration
of your credit card. If the Company has not heard from
you during this period, your Subscription will be terminated.
(4) Registration/Subscription Confirmation
The following notices will be sent confirming your
registration and Subscription information:
(i) Welcome/Subscription Services pages - If you
authorize credit card payment for your Subscription,
once you accept the Subscriber Agreement, and your credit
card payment is authorized, you will be taken to a "Confirmation"
page, which will confirm your successful registration.
If you elect to pay for your Subscription by check,
once you accept the Subscriber Agreement, you will be
taken to a "Subscription Services" page that provides
you with information needed to complete the subscription
process by mail.
(ii) E-mail confirmation - In addition to the above,
if you elect to pay for your Subscription by credit
card, a confirmation notice will be sent to the e-mail
address you provided on your registration form. This
notice will be sent to those authorizing credit card
payment immediately upon authorization of the credit
card and will confirm your Subscription start date,
User Name and Password, the number of authorized Additional
Users (if a Multiple User Plan Subscription), and the
Subscription rate applicable to you. The e-mail notice
will serve as your receipt; save it for future reference.
If you elect to pay for your Subscription by check,
a Subscription invoice will be sent to the e-mail address
you provided on your registration form, which will include
your User Name and Password, and Subscriber ID number,
along with instructions for completing the Subscription
process by mail. Once your check, accompanied by a printout
of your Subscription invoice is received, a subsequent
e-mail will be sent to you confirming your successful
registration, the activation of your account, and your
Subscription start date.
Note: If you have not received e-mail confirmations
during the Subscription process, please notify our Customer
Service Department by sending an e-mail to support@avjobs.com
or calling 303-683-2322.
(5) Access to the Service
Upon the successful completion of your registration
process and payment, you may immediately use the Database(s)
included in your Subscription through a direct link
that will be provided either on the Confirmation e-mail
account activation notice (for those who subscribe by
credit card) or on the e-mail account activation notice
(for those who elect to pay by check). As an active
Subscriber, you can access your Subscription at any
time by clicking on either of the links below (you may
wish to bookmark these pages to save time in the future):
(i) Application URL - http://members.avjobs.com and
http://employers.avjobs.com/
(ii) Web Site home page – http://www.avjobs.com
(6) User Name and Password
(i) Confidentiality - Upon successful completion
of your registration and payment process, you may enter
the Service Web Sites through its home page, using the
User Name and Password issued during the registration
process. You will need to enter your User Name and Password
at this location each time you use the Database(s).
Your User Name and Password are reserved exclusively
for your use and the use of authorized Additional Users
under Multiple User Plans. Please keep these confidential
in accordance with the terms of this Subscriber Agreement.
(ii) Forgotten Passwords - Should you forget your
Password, please contact the Company's Customer Service
Department. You will be asked to supply your mother's
maiden name or other security word chosen during the
registration process. Additional Users may obtain forgotten
Passwords only from the Subscriber who initially authorized
them.
(iii) Account Inquiries - You will be asked to supply
your User Name and Password to the Company's Customer
Service Department when you inquire about your billing
or account information. Each Subscriber under a Multiple
User Plan understands that the Additional Users authorized
by such Subscriber will be able to access billing or
account information of such Subscriber, and hereby agrees
that under no circumstances shall The Company be liable
to such Subscriber for any harm, damage, embarrassment
or other circumstances arising about of or as a result
of such access by an Additional User.
(7) Terminating Your Subscription
Self Cancellation Service Commitment - There are
no cancellation fees when cancellation occurs using
the online self cancellation form provided in the applicant
portal under "My Account > Membership".
(i) Notifying Avjobs, Inc. - If you wish to terminate
your Subscription, you must do so by contacting the
Company's Customer Service Department, in writing, via
the provided online self cancellation form, or by sending
a written letter to: Avjobs, Inc., Customer Service
Department, PO Box 630830, Littleton, CO 80163. IF YOU
FAIL TO MEET THE SELF CANCELLATION SERVICE COMMITMENT
BY NOT USING THE ONLINE SELF CANCELLATION FORM FOR CANCELLING
YOUR SUBSCRIPTION TO THE AVJOBS SERVICE (OR IF AVJOBS
TERMINATES YOUR SUBSCRIPTION TO THE AVJOBS SERVICE DUE
TO A BREACH OF THIS AGREEMENT), YOU AGREE THAT AVJOBS
MAY CHARGE YOU THE CANCELLATION FEE OF $10.00 AGREED
TO BY YOU AT THE TIME YOU SUBSCRIBED TO THE AVJOBS SERVICE,
AND YOU AGREE TO PAY ANY SUCH CANCELLATION FEE.
Due to the large volumes of SPAM, BULK and JUNK e-mail,
cancellation via e-mail or FAX is no longer a valid
form of cancellation as we can not guarantee the receipt
of your request. All cancellation requests are
confirmed in writing by Avjobs for your records.
Telephone calls to the Company or calling your credit
card company to stop payment will not constitute acceptance
of any cancellation.
(ii) Termination and your billing cycle - As noted
in paragraph 15(d)(2) above, your account is billed
and payable in advance, each month or year (depending
on the type of Subscription you have), on the anniversary
of your Subscription start date. It is important to
note that Subscriptions are not prorated. Once you notify
the Company's Customer Service Department in writing
that you wish to terminate your Subscription, your account
will be terminated; effective immediately on that date
and the Company will stop billing your account starting
with the next monthly or annual billing cycle. Example:
if you are on an annual Subscription and your start
date is December 15th and you notify the Company on
July 15th of the next year to terminate your Subscription,
your account would have already been billed through
the end of your annual billing cycle (December 14th)
or if you are on a monthly billing cycle (January 14th).
We are sorry that we cannot offer any refunds once you
have been charged for your subscription. PLEASE NOTE
THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.
(iii) Confirmation of account termination - Once
you have notified the Company's Customer Service Department
in writing that you wish to terminate your Subscription,
the Company will automatically send a confirmation notice
to your e-mail address. This notice will include your
Subscription end date; you can save this for future
reference.
(iv) Involuntary termination/non-compliance - The
Company reserves the right to terminate your Subscription
based on our inability to successfully bill your credit
card according to the terms outlined in paragraph 15(d)(3)
above. In addition, the Company reserves the right to
terminate your Subscription at any time, based on non-compliance
with any terms and conditions set forth in this Subscriber
Agreement.
(v) Re-subscribing - If you voluntarily terminated
your Subscription, you may re-subscribe at any time
to any subscription service provided through the Service,
as long as your account was in good standing at the
time of termination. To do so, visit the Avjobs.com
Web Site at www.avjobs.com, click on the link to The
Avjobs Portal Subscription Service, and follow the instructions
for subscribing to the subscription service you desire.
(vi) This paragraph 15(d)(7) shall not apply to Additional
Users.
(8) Changing Your Account Information
In addition to changes to your account referenced
above, such as credit card and User Name/Password information,
you should report any change in your contact information
immediately (address, telephone, e-mail address) to
the Company's Customer Service Department. For fastest
service, you may use the Subscriber Services area, accessible
to Subscribers to the Service after logging in, to update
your contact information automatically online. You may
also use the e-mail address or telephone numbers provided
below. This paragraph 15(d)(8) shall not apply to Additional
Users.
(9) Changing or Upgrading Subscriptions
Current Subscribers of the Service may change or
upgrade their subscriptions automatically, online, through
the Subscriber Services area, accessible to Subscribers
after logging in with your User Name and Password. Instructions
are provided for changing subscription cycles (e.g.,
from a monthly to an annual subscription), changing
subscription plans (e.g., from a Single User Plan to
a Multiple User Plan), or for upgrading to another service
(e.g., from The Avjobs Email Account to The Avjobs Resume
or Ultimate Account).
(10) Contact Information - Billing and Subscription
Inquiries
The Company's Customer Service Department is available
to respond to your billing and account questions Monday
through Friday, between 9:00 a.m. and 5:00 p.m., Mountain
Standard Time.
(i) E-mail - send e-mails to support@avjobs.com
(ii) Telephone - You may also call, 1-303-683-2322.
(iii) Fax - Send all faxes toll-free, to 1-888-624-8691.
Outside the United States, 1-303-683-5239.
(iv) Mail - Send all written correspondence to: Avjobs,
Inc., Customer Service Department, PO Box 630830, Littleton,
CO 80163.
(11) Contact Information - Technical/Product Support
Subscribers seeking technical assistance or other
assistance using the Service may send inquiries via
e-mail to: support@avjobs.com. or call our Product Support
Line at 1-303-683-2322.
REFUND POLICY:
Avjobs offers a 10-day money back evaluation period
on Subscription services. After the 10-day period has
past, no other refunds are permitted. Ten (10) days,
is a sufficient period of time to review, and evaluate
products and services provided by or received from Avjobs.
Customers paying discounted prices through promotional
offers are not eligible for the 10-day refund. Refund
requests that meet the 10-day refund policy, will be
authorized without question. PLEASE NOTE THAT
ACTIVATION FEES ARE NON-REFUNDABLE.
After the ten 10-day evaluation period has expired,
Avjobs Subscription services are billed for services
provided, not services used. It is the sole responsibility
of the Subscriber to make use of services provided.
These services include, but are not limited to, e-mail
services, resume and/or bio hosting, online job application
hosting, job availability services, online application
services, and interview preparation services. “Non-Use”
of services, does not constitute cancellation and does
not entitle any Subscriber to a refund. You may cancel
your Subscription at any time to avoid future billing
by simply completing the cancellation form located in
the applicant portal under “my account” > “membership”.
It is strongly suggested that you complete the cancellation
form three (3) days prior to your next bill date to
accommodate holidays and weekends (non-business days).
We are sorry that we cannot offer any refunds once you
have been charged for your subscription. Due to the
large volumes of SPAM, BULK and JUNK e-mail, cancellation
via e-mail or FAX is no longer a valid form of cancellation
as we can not guarantee the receipt of your request.
IF YOU FAIL TO MEET THE SELF CANCELLATION SERVICE COMMITMENT
BY NOT USING THE ONLINE SELF CANCELLATION FORM FOR CANCELLING
YOUR SUBSCRIPTION TO THE AVJOBS SERVICE (OR IF AVJOBS
TERMINATES YOUR SUBSCRIPTION TO THE AVJOBS SERVICE DUE
TO A BREACH OF THIS AGREEMENT), YOU AGREE THAT AVJOBS
MAY CHARGE YOU THE CANCELLATION FEE OF $10.00 AGREED
TO BY YOU AT THE TIME YOU SUBSCRIBED TO THE AVJOBS SERVICE,
AND YOU AGREE TO PAY ANY SUCH CANCELLATION FEE.
All cancellation requests are confirmed in writing by
Avjobs for your records.
Due to the intangible and electronic nature of Avjobs
products and services, Avjobs web site subscription
content, information, and services provided cannot be
returned and are therefore non-refundable after 10 days
of your initial log in.
Avjobs Subscriber Services are 100% self serve. Once
you have accepted the Avjobs Subscriber Agreement and
logged in to the service area, you are obligated to
pay for the services made available and rendered by
Avjobs until written cancellation is received using
the online self cancellation form provided in the applicant
portal under "My Account > Membership" and confirmed
by Avjobs. No refunds will be given for “no shows” or
“non-use” of services after 10 days of your initial
login.
- SUBSCRIPTIONS ARE NOT PRORATED.
- SUBSCRIPTIONS ARE NON-REFUNDABLE AFTER 10 DAYS.
- ACTIVATION FEES ARE NON-REFUNDABLE
- REFUNDS ARE NOT AVAILABLE FOR CUSTOMERS PAYING
DISCOUNTED PRICES OR ON ANY PROMOTIONAL OFFERS.
- SUBSCRIBERS ARE RESPONSIBLE FOR ALL FEES, CHARGES,
OR ASSESSMENTS RESULTING FROM SUBSCRIPTION TO THE
SERVICE, E-MAIL SERVICES, RESUME AND/OR BIO HOSTING,
ONLINE JOB APPLICATION HOSTING, JOB AVAILABILITY
SERVICES, ONLINE APPLICATION SERVICES, AND INTERVIEW
PREPARATION SERVICES.
- DUE TO THE ELECTRONIC NATURE OF AVJOBS PRODUCTS
AND HOSTING SERVICES, THESE PRODUCTS CANNOT BE RETURNED
AND ARE THEREFORE NON-REFUNDABLE.
- NO REFUNDS WILL BE GIVEN FOR “NO SHOWS” OR “NON-USE”
OF SERVICES.
- IF A SUBSCRIBER TERMINATES THEIR ACCOUNT DURING
A MONTHLY BILLING PERIOD, THE REMAINING PORTION
OF THE UNUSED MONTH IS NON-REFUNDABLE.
- YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME
TO AVOID FUTURE BILLING BY SIMPLY COMPLETING THE
CANCELLATION FORM LOCATED IN THE APPLICANT PORTAL
UNDER “MY ACCOUNT” > “MEMBERSHIP”. IF YOU
FAIL TO MEET THE SELF CANCELLATION SERVICE COMMITMENT
BY NOT USING THE ONLINE SELF CANCELLATION FORM FOR
CANCELLING YOUR SUBSCRIPTION TO THE AVJOBS SERVICE
(OR IF AVJOBS TERMINATES YOUR SUBSCRIPTION TO THE
AVJOBS SERVICE DUE TO A BREACH OF THIS AGREEMENT),
YOU AGREE THAT AVJOBS MAY CHARGE YOU THE CANCELLATION
FEE OF $10.00 AGREED TO BY YOU AT THE TIME YOU SUBSCRIBED
TO THE AVJOBS SERVICE, AND YOU AGREE TO PAY ANY
SUCH CANCELLATION FEE. DUE TO THE LARGE VOLUMES
OF SPAM, BULK AND JUNK E-MAIL, CANCELLATION VIA
E-MAIL OR FAX IS NO LONGER A VALID FORM OF CANCELLATION
AS WE CAN NOT GUARANTEE THE RECEIPT OF YOUR REQUEST.
ALL CANCELLATION REQUESTS ARE CONFIRMED IN WRITING
BY AVJOBS FOR YOUR RECORDS.
Copyright © 2008
Avjobs, Inc.
To enter the fee based areas of the site you must
indicate that you have read understand, agree and accept
to the above stated policy.
