Terms And Conditions

AmherstIT provides the content on this web site (the "Site") subject to the following terms and conditions (the "Terms"). We may periodically change the Terms, so please check back from time to time. By accessing and using this Site, you agree to these Terms. For an explanation of AmherstIT' practices and policies related to the collection, use, and storage of our users' information, please read our Privacy Policy.

• Copyrights

  All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof is the exclusive property of AmherstIT or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

• Trademarks

  The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of AmherstIT and its licensors. You agree that you will not refer to or attribute any information to AmherstIT or its licensors in any public medium (e.g., press release, web sites), for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of or imply any endorsement by or relationship with AmherstIT or its licensors.

• Use of Site Content.

  AmherstIT hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of any ad on the AmherstIT site or the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your personal use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or otherwise disclose the Site Content without AmherstIT' prior written consent.

• User Postings.

  You acknowledge and agree that AmherstIT shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against AmherstIT for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with AmherstIT’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that are threatening, libelous, defamatory, or obscene; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; infringe the intellectual property, privacy, or other rights of any third parties; contain a computer virus or other destructive element; contain advertising; or constitute or contain false or misleading statements. AmherstIT does not and cannot review all information posted to the Site by users and is not responsible for such information. However, AmherstIT reserves the right to refuse to post or to remove any information, in whole or in part, for any reason or for no reason.

• Notices of Infringement and Takedown by AmherstIT

  AmherstIT prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to AmherstIT at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. AmherstIT will remove any posted submission which infringes the copyright or other intellectual property right of any person under United States law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. §; 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. AmherstIT’s contact for submission of notices under this Section 5 is: TermsOfUse@AmherstIT.com.

• Disclaimers

  The content and functionality on the site is provided with the understanding that AmherstIT is not herein engaged in rendering professional advice and services to you. All content and functionality on the site is provided "as is," without warranty of any kind, either express or implied, including, without limitation, implied warranties of fitness for a particular purpose. AmherstIT and its third party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. AmherstIT shall have no liability or responsibility for any information published on linked web sites, contained in any user submissions published on the site, or provided by third parties. Neither AmherstIT nor its third party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

• Third Party Web Sites

  We may provide links to third-party web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third party web sites or incorporation through framesets of content supplied by third-party servers. AmherstIT has no responsibility for these third party web sites, which are governed by the Terms of Use and privacy policy, if any, of the applicable third-party content provider.

• Governing Law

  Jurisdiction. These Terms are governed by the laws of the State of Florida without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the Broward County.

CODE OF CONDUCT

While using this Site or Site-related services, you agree to adhere to the terms of our site. Do not do any of the following without our prior written authorization:

• Post any inaccurate, untimely, stale, incomplete or misleading information.
• Post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office.
• Post any employment opportunities that are not technology-related, or are outside a technology-related field or organization.
• Keyword stuffing (by overuse of a skill set, term or definition within a job posting, profile, resume or otherwise in an effort to gain priority placement of a posting), copy other job postings as your own, post the same position multiple times on the Site or post multiple positions within one posting.
• Place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to the AmherstIT service.
• Post any employment opportunity that does not contain a valid Application Method, such as company URL, e-mail address or "apply online" that is connected to the AmherstIT "Apply Now" button in the job posting.
• Place any content within the job details of a job posting that directs AmherstIT job seekers to apply directly via an email address or any other method that circumvents the AmherstIT "Apply Now" link.
• Resell or make available to any person not expressly licensed by AmherstIT, whether via phone, fax, e-mail, mail or any other medium, any of the AmherstIT services or any information obtained therefrom, including without limitation resumes or candidate information.
• Use any search engine, software, tool, electronic storage or retrieval device, agent or other device or mechanism, including without limitation browsers, spiders, robots, avatars or intelligent agents (collectively "Devices") that is not approved by AmherstIT to navigate, search or store information from the Site. Approved Devices include those made available by AmherstIT on the Site, or other generally available third party web browsers, e.g., Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, or generally available search engines, e.g., Google or Bing.
• Allow job postings or employment requirements to remain posted on the Site for more than 24 hours after they are no longer viable or valid. To the extent that a position is placed on "hold" or is otherwise not available for immediate placement, the posting must be removed from the Site until such time as the position is a viable opening.
• Engage in spamming, flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to AmherstIT job seekers or subscribers.
• Express or imply that any statements you make are endorsed by us.
• Impersonate any person or entity, including, without limitation, a AmherstIT employee or agent, a user of AmherstIT's services, including a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
• Respond to a job listing on behalf of anyone other than yourself.
• Delete or revise any material posted by any other person or entity.
• Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of "hacking" or defacing any portion of the Site.
• Post or transmit (a) any incomplete, false or inaccurate biographical information or information that is not your own accurate resume (i.e., the resume of a living individual seeking employment on a full-time or part-time basis on his or her own behalf); (b) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights; (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication; (d) any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; (e) any trade secret of any third party; or (f) any material, nonpublic information about companies without the authorization to do so.
• Post or transmit any job advertisement or posting that does not comply with applicable law, including, but not limited to, United States federal, state and local laws relating to equal employment opportunity and employment eligibility verification; including post or transmit any job advertisement or posting that require a visa as a condition of employment; or that require United States citizenship or lawful permanent residence in the United States as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.
• Use the Site for any unlawful commercial, research or information gathering purposes.
• Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
• Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
• "Frame" or "mirror" any part of the Site.
• Link to any page of or material on the Site other than the URL located at http://www.AmherstIT.com.
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
• Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.

AmherstIT assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes.

Your company agrees to and will hold the Company harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the AmherstIT system.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.

The Company has no obligation to monitor the Site or Site-related services, including any forum, or any materials that you or other third parties transmit or post on to the Site. However, you acknowledge and agree that the Company has the right (but not the obligation) to monitor the Site and Site-related services, including any forum, and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement. The Company also reserves the right to prohibit any user who, in the Company's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.

TRANSACTIONS

If you wish to make purchases of products or services described on the Site, you may be asked by us or the applicable merchant or service provider to supply certain information, including but not limited to credit card or other information. If you submit such information to us, you understand that any such information will be treated by Company in the manner described in our Privacy Policy. You agree that all information that you provide to us or any such merchant or service provider will be accurate, complete and current. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement, if any, that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service.

SUBMITTED CONTENT

Because our designees and we host job boards and other forums found on the Site and elsewhere and, therefore, redistribute materials you give us, we require certain rights in those materials. Therefore, by sending or transmitting to us resources, information, ideas, notes, concepts, trademarks, service marks or other materials (including, but not limited to, job postings) (collectively, "Content"), or by posting such Content to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant the Company permission to display your logo, trademarks and company name on the Site and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.

None of the Content is endorsed by the Company, and the Company cannot and does not make any representations with respect to the truth or reliability of the Content. The Company reserves the right to remove any Content, in whole or in part, from the Site.

Communications between the Company and the users of the Site are not confidential.

Expectations

• Service Eligibility

  Here are some promises you make to AmherstIT in this Agreement: You are eligible to enter into this Agreement and you are at least our “Minimum Age.” To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one AmherstIT account, which must be in your real name; and (3) you are not already restricted by AmherstIT from using the Services. “Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if the law requires that you must be older in order for AmherstIT to lawfully provide the Services to you (including the collection, storage and use of your information), then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.

• Your Membership

  You will keep your password a secret.
  You will not share an account with anyone else and will follow our rules and the law.
  As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.

• Notices and Service Messages

  You are agreeable with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us. If the contact information you provide isn't up to date, you may miss out on these notices.
  You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date. Please review your AmherstIT.com settings to control and limit what kind of messages you receive from us.

• Messages and Sharing

  When you share information, others can see, copy and use that information.
  Our Services allow messaging and sharing of information in many ways, such as your profile, job postings, and blogs. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information. Note that other activities, such as applying for a job or sending an email, are by default private, only visible to the addressee(s).
  We reserve the right to remove any content in our sole discretion, with or without notice.

• Payment Obligations

  You will honor your payment obligations and you are agreeable with AmherstIT storing your payment information. In addition, there may be fees and taxes that are added to our prices. We do not guarantee refunds. If you purchase any of our paid Services, you agree to pay AmherstIT the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription.

  • A. Your purchase may be subject to foreign exchange fees or differences in prices based on location, (e.g. exchange rates) if your purchase is made from outside the United States.
  • B. Payments are recurring and you will automatically be billed each month, unless you choose an annual plan, in which case you will be billed annually.
  • C. You must pay us for applicable fees and taxes unless you cancel the Subscription, in which case you agree to still pay these fees through the end of the applicable subscription      period.
  • D. Taxes (if applicable) are calculated based on the billing information that you provide us at the time of purchase.
  • E. All prices quoted are in US Dollars (USD).