Terms of Service

Terms of Service

The following terms and conditions govern all use of the BakkenJobsGuide.com website (the “Website”) and all content, services and products (“Services”) available at or through the Website. The Website is owned and operated by Bakken Jobs Guide. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Bakken Jobs Guide Privacy Policy) and procedures that may be published from time to time on this Site by Bakken Jobs Guide (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by Bakken Jobs Guide, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

Job Seekers User Account License. Bakken Jobs Guide hereby grants you a limited, terminable, non-exclusive right to access and use the Website only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Website solely for your personal, noncommercial use. You agree that you are fully responsible for any content you post to the Website and any consequences arising from such posting. Your use of the Website is a privilege. Bakken Jobs Guide reserves the right to terminate or suspend that privilege for any reason at any time, in its sole discretion. If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your account or resume in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Bakken Jobs Guide may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Bakken Jobs Guide liability. You must immediately notify Bakken Jobs Guide of any unauthorized uses of your account or any other breaches of security. Bakken Jobs Guide will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Employers User Account License. Bakken Jobs Guide hereby grants you a limited, terminable, non-exclusive right to access and use the Website only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Website solely for your personal use directly related to searching for and recruiting job candidates. Bakken Jobs Guide also grants you a limited, terminable, non-exclusive license to use the Bakken Jobs Guide Services for your internal use only. You may not assign, sell, or transfer any of the Services or your rights to any of the Services provided by Bakken Jobs Guide to any third-party without the written authorization of Bakken Jobs Guide. You agree that you are fully responsible for any content you post to the Website and any consequences arising from such posting. Bakken Jobs Guide reserves the right to terminate or suspend your access and use at any time if Bakken Jobs Guide determines that you are in breach of these Terms of Service. If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your account or job listing(s) in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Bakken Jobs Guide may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Bakken Jobs Guide liability. You must immediately notify Bakken Jobs Guide of any unauthorized uses of your account or any other breaches of security. Bakken Jobs Guide will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Users. If you operate an account, comment on the blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

your user account and/or profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

your user account and/or profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your user account and/or profile’s URL or name is not the name of a person other than yourself or company other than your own; and

you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Bakken Jobs Guide or otherwise.

By submitting Content to Bakken Jobs Guide for inclusion on the Website, you grant Bakken Jobs Guide a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Services. If you delete Content, Bakken Jobs Guide will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Bakken Jobs Guide has the right (though not the obligation) to, in Bakken Jobs Guide’s sole discretion (i) refuse or remove any content that, in Bakken Jobs Guide’s reasonable opinion, violates any Bakken Jobs Guide policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Bakken Jobs Guide’s sole discretion. Bakken Jobs Guide will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

General Terms. Optional paid services such as featured job listing(s), job packs, or resume database access are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Bakken Jobs Guide the monthly or annual subscription fees indicated for that service. Bakken Jobs Guide utilizes PayPal for the processing of all online transactions. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Automatic Renewal. Unless you notify PayPal or Bakken Jobs Guide before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time from your PayPal account or by requesting cancellation by contacting Bakken Jobs Guide.

Use of Resume Database. If you purchase Resume Database access, the following additional terms apply to you: Bakken Jobs Guide grants you a limited, personal, terminable, non-transferable, non-exclusive right to access and use the Bakken Jobs Guide Resume Database via the Website for the purpose of viewing available paper resumes (“Resumes”) solely for your use. The Resume Database is only to be used and accessed by you. Upon your successful registration for the Resume Database subscription, you will be provided with automatic access to the Resume Database. You may not provide your account password or otherwise permit access to the Resume Database to any third-party. You may not use the Resume Database in any way which, in Bakken Jobs Guide’s sole judgment, adversely affects any aspect of Bakken Jobs Guide’s business. You may only use your Resume Database subscription to for seeking candidates for employment. You are specifically prohibited from using any Resume Database information to sell or promote any products or services or to take any other action that is, in Bakken Jobs Guide’s sole judgment, inconsistent with these Terms of Service, deceptive or misleading, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. Bakken Jobs Guide may alter, update, supplement, terminate or suspend, at its sole discretion, all or any part of the Resume Database at any time. By allowing access to the Bakken Jobs Guide Resume Database, Bakken Jobs Guide does not convey any interest in or to the Resume Database or any other Bakken Jobs Guide property or Services. All interest, right, and title in and to the Resume Database is and shall remain solely in Bakken Jobs Guide.

Responsibility of Website Visitors. Bakken Jobs Guide has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Bakken Jobs Guide does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Bakken Jobs Guide disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Bakken Jobs Guide does not have any control over those third-party websites and webpages, and is not responsible for their contents or their use. By linking to a third-party website or webpage, Bakken Jobs Guide does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Bakken Jobs Guide disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.

Copyright Infringement and DMCA Policy. As Bakken Jobs Guide asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Bakken Jobs Guide in accordance with the Digital Millennium Copyright Act (“DMCA”). Bakken Jobs Guide will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Bakken Jobs Guide will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bakken Jobs Guide or others. In the case of such termination, Bakken Jobs Guide will have no obligation to provide a refund of any amounts previously paid to Bakken Jobs Guide.

Intellectual Property. This Agreement does not transfer from Bakken Jobs Guide to you any Bakken Jobs Guide or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bakken Jobs Guide. Bakken Jobs Guide, BakkenJobsGuide.com, the BakkenJobsGuide.com logo, and all other trademarks, service marks, graphics and logos used in connection with BakkenJobsGuide.com, or the Website are trademarks or registered trademarks of Bakken Jobs Guide or Bakken Jobs Guide’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Bakken Jobs Guide or third-party trademarks.

Changes. Bakken Jobs Guide reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Bakken Jobs Guide may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. Bakken Jobs Guide may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BakkenJobsGuide.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an employer account with paid Services, such account can only be terminated by Bakken Jobs Guide if you materially breach this Agreement; provided that, Bakken Jobs Guide can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. Bakken Jobs Guide and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bakken Jobs Guide nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will Bakken Jobs Guide, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bakken Jobs Guide under this agreement during the twelve (12) month period prior to the cause of action. Bakken Jobs Guide shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Bakken Jobs Guide Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Bakken Jobs Guide, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Bakken Jobs Guide and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Bakken Jobs Guide, or by the posting by Bakken Jobs Guide of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of North Dakota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Burleigh County, North Dakota. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bismarck, North Dakota, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Bakken Jobs Guide may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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