Terms Of Use | City of Rochester, NY

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Must not be a previously used password or a commonly used word or phrase.' }, SocialLinks: { twitterLink: '@GovernmentJobs' }, LACountyAgencies: 'lacounty;lacountytest' }; })(window); </script> <![if gte IE 9]> <div id="sizer"> <div id="main-container" class="homepage clearfix"> <header id="header" class="head-container career-pages-header"> <span id="page-title" class="hidden">Terms Of Use</span> <div class="floating-header"> <a href="/careers/cityofrochester" class="agency-logo-small "> <img src="/AgencyPages/cityofrochester/agencyImages/download/flowerWhite.png" alt="City of Rochester, NYlogo image" title="City of Rochester, NY"> </a> <nav class="user-navigation" aria-label="header"> <div class="menu-control-container"> <a id="header-menu-action" class="responsive-delayed-popover" href="javascript:void(0)" data-content="Menu" data-toggle="popover" data-container="body" data-placement="bottom"> <i class="parent-link desktop-button icon icon-xs icon-view-details"></i> <i class="parent-link mobile-button ss-standard ss-rows hidden"></i> <span class="symbol-label">Menu</span> <i class="menu-open-direction-arrow parent-link icon icon-chevron-right"></i> <i class="menu-open-direction-arrow-mobile parent-link icon icon-chevron-down"></i> </a> </div> <div class="job-search-header-title"> <h1 title="Terms Of Use">Terms Of Use</h1> </div> <div class="user-signin-form-container hidden" data-bind="with: loginViewModel"> <button id="header-signin-action" class="responsive-delayed-popover" data-bind="click: function(){setTimeout(function(){onSignInLinkClick()})}" data-content="Sign In" data-toggle="popover" data-container="body" data-placement="bottom" aria-label="Sign In"> <i class="parent-link ss-login"></i> <span class="symbol-label">Sign In</span> </button> <div id="header-sign-in-form"> <div id="sign-in-block" class="bottom sign-in-sign-up-container"> <div class="arrow"></div> <div class="sign-in-content">     <span class="separator-horizontal"></span> <div class="togglers"> <a href="#" data-role="create-account"> Don't have an account? <span>Create one</span>. </a> <a href="#" class="hide"> Already have an account? <span>Sign In</span>. </a> </div> </div> </div> <div class="sign-in-overlay hide hidden-phone"></div> </div> </div> <div class="control-container application-menu-link hide" role="application"> <span id="user-profile-dropdown-message" class="sr-only">User profile dropdown menu for</span> <span aria-live="polite" class="ui-helper-hidden-accessible"></span> <button class="user-name-container hidden" aria-pressed="false" aria-labelledby="user-profile-dropdown-message username"> <span id="username" aria-hidden="true" class="ss-user username">Username</span> <i class="user-popup-open-direction-arrow parent-link icon icon-chevron-down"></i> </button> <div class="header-user-menu-popup-container"> <div class="user-menu-popup hide"> <div class="arrow"></div> <div class="application-menu"> <ul class="application-menu-items" role="menu"> <li> <span class="user-name-container-mobile" data-toggle="popover" data-trigger="hover" data-container="body" data-placement="bottom"> <i class="icon icon-user"></i> <span class="username"></span> </span> </li> <li role="menuitem"> <a class="job-applications-link " href="/careers/cityofrochester/applications/submitted"> <i class="icon icon-files"></i> Applications </a> </li> <li role="menuitem"> <a class="job-applications-link" data-bind="attr: { 'aria-label': unreadMessagesLabelText }" href="/careers/cityofrochester/inbox"> <i class="icon icon-files"></i> Inbox <span class="unread-messages-count" data-bind="visible: showUnreadMessagesCount, text: displayedUnreadMessagesCount"></span> </a> </li> <li role="menuitem"> <a href="/careers/cityofrochester/profilesettings" class=""> <i class="icon icon-contact-card"></i> Profile </a> </li> <li role="menuitem" id="vettedLink" style=" line-height: 30px;"> <a href="/vetted/RedirectToVetted" target="_blank" aria-label="Go to Background Investigation (This link will open in new tab)"> <i ><img src="/Content/Images/Vetted/vettedAgencyPageLinkImage.svg" /></i> Go to Background <span style="padding-left: 30px; margin: 0px;">Investigation</span> </a> </li> <li role="menuitem"> <a href="/careers/cityofrochester/applications/accountsettings" class=""> <i class="icon icon-gear"></i> Account </a> </li> <li role="menuitem"> <a class="sign-out" href="javascript:void(0)"> <i class="ss-logout"></i> Sign Out <span class="hide-notification">After clicking on this link you will be logged out and the page will be reloaded.</span> </a> </li> </ul> </div> </div> <div class="user-menu-popup-overlay hide"></div> </div> <div class="notification popover bottom hide"> <div class="arrow right"></div> <div class="notification-content"> <p>Welcome!</p> <p>Thanks for creating an account.</p> </div> </div> </div> </nav> </div> <div id="title-bar" class="header-container"> <a href="/careers/cityofrochester"> <div class="fake-outline"></div> <div class="background-image-container" style="background-image: url('/AgencyPages/cityofrochester/agencyImages/download/21%20DHRM%201200%20200%2003-2022%20Final.PNG')"></div> <div id="logo"> <div class="county-logo"> <img src="/AgencyPages/cityofrochester/agencyImages/download/flowerWhite.png" alt="City of Rochester, NYlogo image" title="City of Rochester, NY"> </div> <h2 class="brand-name"> <span class="page-title" title="City of Rochester, NY">City of Rochester, NY</span> </h2> </div> </a> <div class="powered-by-label"> <span class="slogan">powered by</span> <span class="company-name">NEOGOV</span> <span class="trademark">®</span> </div> </div> </header> <div class="content-container" role="main"> <div class="container agency-information-container"> <div class="vertical-padding-container"> <div class="row"> <div class="shade-container nopadding"> <div class="row-fluid clearfix"> <div class="shade-container info-body content-container info-section no-tabbable-main-content"> <div class="terms-and-privacy-policy"> <div id="terms-of-use"> <div class="terms-of-use-header">Terms of Use</div> <p>Effective date: December 04, 2023</p> <p>Governmentjobs.com, Inc. D/B/A NEOGOV on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (referred to as “NEOGOV”, “Company,” “we”, “our”, or “us”) offers proprietary web-based software-as-a-service applications, including via mobile applications (collectively, the “SaaS Applications”), and maintains various websites under its control, including <a href="https://www.neogov.com">www.neogov.com</a>, <a href="https://www.neoed.com">www.neoed.com</a>, <a href="https://www.powerdms.com">www.powerdms.com</a>, <a href="https://www.governmentjobs.com">www.governmentjobs.com</a> and <a href="https://www.schooljobs.com">www.schooljobs.com</a> and the subdomains and subdirectories of each as well as any website applications, content or functionality offered on or through the foregoing (collectively, the “Websites” and together with the SaaS Applications, the “Services”).</p> <p>By using the Services, you accept and agree to be bound and abide by the following terms and conditions (the “Terms of Use”), together with our Privacy Policy, found at <a href="https://www.governmentjobs.com/careers/cityofrochester/privacypolicy">https://www.governmentjobs.com/careers/cityofrochester/privacypolicy</a>, incorporated herein by reference (the “Privacy Policy”), regardless of whether you registered as a user or you are a job seeker or employer (“you” or “your”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. Also, by agreeing to this Terms of Use you waive, to the extent permitted under applicable law, any rights or legal requirements that require an original (non-electronic) signature or the delivery or retention of non-electronic records in order for a contract to be legally binding.</p> <p>If you use the Services as part of a paid subscription, the Service features and functionalities available to you are determined by the specific terms agreed to between NEOGOV and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Contract”). The terms and conditions within such Customer Contract shall control to the extent of any direct conflict with these Terms of Use.</p> <p>If you are using a SaaS Application on behalf of a Customer, by accessing or using the SaaS Application, you acknowledge and agree to be bound by these Terms of Use and Privacy Policy and you shall be responsible for (and must have sufficient authority to take) all actions that are performed on or through your registered account, including any procurement or use of third party products or services (and associated disclosure of data) in connection with the SaaS Application. If you have been added or invited to the SaaS Application, the party that administers such SaaS Application (and not you) controls your use of that SaaS Application, including but not limited to adding or removing you from that SaaS Application, enabling or disabling third-party integrations, and managing permissions. Any content that you submit or upload to the SaaS Application may be retained, accessed, used, modified, shared, or removed by the party that administers such SaaS Application. You acknowledge that your account can become managed by the entity that owns or controls the email address domain with which your account was created or registered.</p> <p> Please read the Terms of Use carefully before you start to use the Services. </p> <p> We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. </p> <ol> <li> <p> Eligibility. These Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us. Otherwise, you must not access or use the Services. In addition, we are based in the state of California in the United States. The Services can be accessed from certain countries around the world. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Services from territories where the Services are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations. </p> </li> <li> <p>Accessing Services and Account Security. Subject to your compliance with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the applicable Services. Unless NEOGOV has entered into a Customer Contract permitting you to use the Services for transactions on the Customer’s behalf, you may only use the Services for transactions on your own behalf. If you use the Services on behalf of a Customer or other entity or natural person, you represent and warrant that you are authorized to do so. <br /> To access the Services or some of the resources offered through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by the Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Terms not defined herein shall retain their meaning as set forth in the Privacy Policy. </p> <p> If you choose, or are provided with, a user name, password, or any other piece of information, as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. </p> <p> As between you and others (including Customers), your account belongs to you. However, if the Services were purchased by a Customer for you to use, the Customer has the right to control access to and get reports on your use of such paid Service. </p> <p> You agree to (i) notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security of which you become aware, (ii) assist us using commercially reasonable efforts in maintaining confidentiality, and (iii) assist us as reasonably necessary to enforce our rights and to enable us to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. </p> </li> <li> <p>Term and Termination. If you use the Services as part of a paid subscription (e.g. you are an employer and purchase Services directly through this site), you understand and agree that the Services you purchase are offered on an annual basis and will automatically renew each year unless either party gives the other party notice (email is sufficient) of non-renewal at least thirty (30) days before the end of the relevant subscription term. If you are using the Services as a user or a job seeker, you may terminate your account at any time. If you violate any provision of these Terms of Use, your permission from NEOGOV to use the Services will terminate automatically. In addition, NEOGOV may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice.<br/> NEOGOV may alter, suspend or discontinue the Services or any portion of the Services without notice. NEOGOV will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. </p> <p>Our rights to use and disclose your feedback shall survive termination.</p> </li> <li> <p>Intellectual Property Rights. The Services and its entire contents, features, and functionality (including but not limited to all information, software, specifications, text, displays, images, video, and audio, code that NEOGOV creates or displays to generate or display content, and the design, design marks, trademarks, service names, slogans, selection, and arrangement thereof)(the “NEOGOV Content”) are owned by NEOGOV and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Services for your personal, non-commercial use only, and in the case of Customers, for internal business use only, subject to the license rights specified in these Terms of Use. Nothing in these Terms of Use shall be construed as granting to you a license to NEOGOV Content under any copyright, trademark, patent, or other intellectual property right except as follows:</p> <div id="term-circle"> <p> ● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.</p> <p> ● You may store files that are automatically cached by your Web browser for display enhancement purposes.</p> <p> ● If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. </p> </div> <p>No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.</p> </li> <li> Trademarks. “NEOGOV,” “NEOED”, “Governmentjobs.com,” “Schooljobs.com,” “PowerDMS,” and certain other names or logos are our trademarks, and all related product and service names, design marks, and slogans are our trademarks or service marks, excluding the marks of our partners. You must not use such marks without our prior written permission. We also retain the rights in the designated color schemes and column names provided within the Services. The “look” and “feel” of the Services (including color combinations, button shapes, layout, design, and all other graphical elements not uploaded or implemented by Customers) are also our trademarks or copyrights. </li> <li> <p>Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You must not: </p> <ol> <li>Submit or post anything to the Services that contains software viruses, worms, or any other harmful code.</li> <li> Create a false identity as a user of the Services, misrepresent your identity, create a profile for anyone other than yourself (a real person), post any incomplete, false, or inaccurate résumé information or information which is not your own accurate résumé, or use or attempt to use another’s account. </li> <li> Disclose information that you do not have the consent to disclose (such as confidential information of a Customer); </li> <li> Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, license, transfer, sell or transmit or make copies of any NEOGOV Content or materials from the Services or modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Services. </li> <li> Delete or alter any legal notices, copyright, trademark, or other proprietary rights notices from copies of materials from this site. </li> <li>Reverse engineer, decompile, disassemble, or otherwise attempt to discover or directly access the source code or any underlying ideas or algorithms of any portions of the Services or any underlying software or component thereof</li> <li>Access or use for any commercial purposes any part of the Services or any services or materials available through the Services (except on behalf of a Customer for internal business use).</li> <li> Reproduce, display, publicly perform, distribute, or otherwise use the Services or the NEOGOV Content in any manner that is likely to cause confusion among consumers, that disparages or discredits NEOGOV, or that interferes or attempts to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services. </li> <li> Violate the intellectual property rights of NEOGOV or of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, copying or distributing (except through the available sharing functionality) the posts or other content of others without their permission.</li> </ol> <p>Further, you agree not to use the Services:</p> <ol> <li>In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).</li> <li>For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.</li> <li>For the unlawful use of any personally identifiable information of other users of which you may be exposed to.</li> <li>To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.</li> <li> To send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted by you. </li> <li>To respond to any employment opportunity for any reason other than to apply for the job.</li> <li>To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm NEOGOV or users of the Services or expose them to liability.</li> <li>To use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar process, to access, acquire, copy or monitor any portion of the Services or any NEOGOV Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.</li> <li>To attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Services or to any NEOGOV server, or to any of the services offered on or through the Services, by hacking or any other illegitimate means.</li> <li>To scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services.</li> <li>To take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or NEOGOV’s systems or networks, or any systems or networks connected to the Services, or to NEOGOV or interferes with the proper working of the Services.</li> <li>To attack the Services via a denial-of-service attack or a distributed denial-of-service attack including via means of overloading, “flooding,” “mailbombing,” or “crashing,”.</li> <li>To access the Services in order to build, assist, or facilitate the assembly of a competitive product or service, to build a product using similar ideas, features, functions, or graphics of the System, or to copy any ideas, features, functions, or graphics of the Services</li> </ol> <p>If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance. You may not use the Services in a way that would subject NEOGOV to those industry-specific regulations without obtaining NEOGOV’s prior written agreement, such as using the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations).</p> <p>Your level of access should be limited to ensure your access is no more than necessary to perform your legitimate tasks or assigned duties. If you believe you are being granted access that you should not have, you must immediately notify NEOGOV.</p> </li> <li> <p> Monitoring and Enforcement; Termination. You agree that we may monitor the Services to (1) comply with any applicable laws, regulations, or other government requests, (2) operate the Services or to protect our interests and those of our users and members, and (3) for such other purposes as we may deem reasonably necessary or appropriate from time to time. More specifically, we have the right to:</p> <ol> <li>Remove or refuse to post any User Contributions (as defined below) for any or no reason in our sole discretion.</li> <li>Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards set forth below, if we believe that such information could create liability for us, damage our brand or public image, cause us to lose users (in whole or in part), or interfere with the services of our ISPs or other suppliers, or if we believe the User Contribution is abusive, disruptive, offensive, illegal, violates the rights of, or harms or threatens the safety of users or public, infringes any intellectual property right, or violates the law.</li> <li>Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.</li> <li>Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.</li> <li> Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS GOVERNMENTJOBS.COM, INC. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER GOVERNMENTJOBS.COM, INC. OR LAW ENFORCEMENT AUTHORITIES. </li> </ol> Notwithstanding the foregoing, we are not responsible for screening, policing, editing, or monitoring postings and encourage all users to use reasonable discretion and caution in evaluating or reviewing any post. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. </li> <li> <p> Content Standards. These Content Standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: </p> <ol> <li> Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. </li> <li>Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.</li> <li>Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.</li> <li>Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.</li> <li>Be likely to deceive any person.</li> <li>Promote any illegal activity or advocate, promote, or assist any unlawful act.</li> <li>Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.</li> <li> Impersonate any person or misrepresent your identity or affiliation with any person or organization.</li> <li>Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.</li> <li>Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.</li> </ol> <p>In addition, you shall be solely responsible for the legality, accuracy and completeness of all records, data, and information provided, submitted, or uploaded by you in connection with this Terms of Use or use of the Services.</p> </li> <li> <p>User Contributions. The Services may contain message boards, forums, bulletin boards, and job boards, (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) materials or content, including feedback (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. You represent that you have all necessary rights to make a post, and you also acknowledge that we have no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. By providing any User Contribution on the Services, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Services, we do not become a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a posting. Moreover, we assume no responsibility for the deletion of or failure to store any posting and recommends that you do not post, display, or transmit any confidential or sensitive information.</p> <p>We are under no obligation to edit or control User Contributions and will not be in any way responsible or liable for any User Contributions. You understand that when using the Services, you may be exposed to User Contributions of other users and acknowledge that User Contributions may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against NEOGOV with respect to User Contributions. NEOGOV expressly disclaims any and all liability in connection with User Contributions. If notified by a user or content owner that User Contributions allegedly do not conform with these Terms of Use, NEOGOV may investigate the allegation and determine in NEOGOV’s sole discretion whether to remove the User Contributions, which NEOGOV reserves the right to do at any time and without notice.</p> <p>You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NEOGOV, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.</p> </li> <li> <p>Text Message and Email Communications. We may offer you the opportunity to receive text message and email notifications regarding notices, reminders, status updates, support, administrative message and disclosures, or other related human resource related notices from us or our Customers. Communications through these methods may be routed through a third-party service.</p> <p>SMS messages will be sent to you strictly in accordance with your preferences, and only after you have explicitly opted in. If you change your mind at any time, and no longer wish to receive SMS messages, reply to a message with the word “OPTOUT” in all capital letters. Afterwards, should you choose to begin receiving messages again, reply with the word “OPTIN” in all capital letters.</p> <p> Job seekers may also control their receipt of SMS messages through their job seeker Account preferences, by contacting the Customer whom the text message pertains to, or by notifying NEOGOV Support at: <a href="mailto:customersupport@neogov.com">customersupport@neogov.com</a> </p> <p>Should you allow SMS messages sent to you by NEOGOV or NEOGOV Customers, you agree to accept such text messages on your mobile phone including messages sent by automated telephone dialing system. You certify that you are the owner of the mobile phone entered or are authorized to use this mobile phone to receive SMS.</p> <p> You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. The number of messages you receive will vary depending on the number of jobs you applied to, jobs you searched for, or the number Customers you allow to contact you. You may receive a text message confirming your subscription. NEOGOV reserves the right to suspend or terminate your SMS messages for any reason, with or without notifying you. </p> <p>Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. If your mobile number changes, you are responsible for informing the Customer of that change. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.</p> </li> <li> <p>Copyright Infringement. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.</p> <p>If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications through the Service. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.</p> <p>To file a DMCA notice, the copyright owner must send in a written letter by regular mail only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.</p> <p>A DMCA notice must:</p> <ol> <li>Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);</li> <li>Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Service. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;</li> <li>Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);</li> <li>If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);</li> <li>Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;</li> <li>nclude the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;</li> <li>Be signed; and</li> <li> Be sent to our DMCA designated agent at the following address: <p> NEOGOV<br> Attention: DMCA Designated Agent<br> 2120 Park Place, Suite 100<br> El Segundo, California 90245 </p> <p> Or by e-mail: </p> <p>If you are a job seeker, please contact: <a href="mailto:support@GovernmentJobs.com">support@GovernmentJobs.com</a></p> <p>If you are a Customer (an employer), please contact:<br> <a href="mailto:customersupport@GovernmentJobs.com">customersupport@GovernmentJobs.com</a></p> </li> </ol> </li> <li>Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.</li> <li>Changes to the Services. We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.</li> <li>Relay of Content. NEOGOV relays content including but not limited to resumes, cover letters, applications, messages, questionnaire answers, responses, offer letters and other materials. You acknowledge that you are asking NEOGOV to send this content on your behalf. We process, monitor, review, store and analyze such content, for data analysis, security, quality control, enforcement of the Terms of Use, content moderation, and to improve the Services. As a result, or due to technical malfunction, in certain circumstances such content may be delayed or may not be delivered to the intended recipient. NEOGOV may notify you in such an event. By using the Services, you acknowledge that this activity is necessary for maintaining the quality and provisioning of the Services.</li> <li>Linking to the Services and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We may disable all or any social media features and any links at any time without notice in our discretion.</li> <li> <p> Additional Terms for Third-Party Services. The Services may help users to access and connect to third parties offering their services outside of the NEOGOV Services (PowerLine, PowerEngage, etc.) or third parties offering their services integrated with NEOGOV Services (i.e. background check providers and skills assessors). NEOGOV does not perform nor employ individuals to perform these services. You acknowledge that NEOGOV does not supervise, direct, control or monitor such third parties in the performance of these services </p> <ol> <li> Links and Third-Party Content on the Services. If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not control these services and are not responsible for their availability, content, or any malware accessed through them. Your correspondence or any other dealings with third parties found on the Services are solely between you and such third party. Accordingly, we expressly disclaim responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Services, and you agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Services. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You are advised to read all terms and conditions of any third-party service. </li> <li> <p>Specific Third-Party Providers.</p> <p>Background Checks. Some of the Services allow users to use our third-party background check partner’s services to submit an application and background check to a Customer. If you are a job seeker or personnel using the background check services, you authorize NEOGOV to obtain your background check report, including criminal and eviction history, and to share that information with Customers you submit an application to, and agree to the background check companies terms of use or related end user agreement available at the background check companies’ website. If you are personnel or other Customer agent using the background check services on behalf of a Customer, you agree to use the background check reports in compliance with law and agree to the background check companies terms of use or related end user agreement available at the background check companies’ website.</p> </li> </ol> </li> <li> NEGOV is not an employer. You acknowledge that NEOGOV exercises no control over employer human resource practices implemented using the Service or decisions as to employment, promotion, termination, or compensation of any job seeker or personnel. Employers are solely responsible for their postings on the Services. NEOGOV is not to be considered to be an employer with respect to your use of any NEOGOV Service and NEOGOV shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any NEOGOV Service. In addition, employers are responsible for the privacy, collection, use, retention and processing of employer owned data, and providing any and all notices regarding the foregoing, in compliance with all applicable laws. </li> <li> <p>NEOGOV is not a healthcare provider. Through certain the Services, NEOGOV may make certain healthcare services available to you. NEOGOV is not a healthcare provider. NEOGOV’s role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine, expert medical services, and/or emergency medical services. NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers’ acts, omissions or for any content or communications made by them. NEOGOV does not engage in the practice of medicine.</p> <p>The Services do not provide medical advice and do not create a healthcare provider/patient relationship between you and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or Your doctor or other qualified healthcare provider for all medical emergencies. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR INFORMATION THAT YOU MAY OBTAIN THROUGH THE SERVICES.</p> </li> <li> <p> NEOGOV’s Disclaimers. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data </p> <p>NEOGOV SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR OTHER CONSEQUENCES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF DELAY IN OR INABILITY TO DELIVER ANY SERVICES DUE TO CIRCUMSTANCES OR EVENTS BEYOND NEOGOV’s REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: (A) ACTS OF GOD; (B) CHANGES IN OR IN THE INTERPRETATION OF ANY LAW, RULE, REGULATION, OR ORDINANCE; (C) STRIKES, LOCKOUTS, OR OTHER LABOR PROBLEMS; (D) TRANSPORTATION DELAYS; (E) UNAVAILABILITY OF SUPPLIES OR MATERIALS; (F) FIRE OR EXPLOSION; (G) RIOT, MILITARY ACTION, OR USURPED POWER; OR (H) ACTIONS OR FAILURES TO ACT ON THE PART OF A GOVERNMENTAL AUTHORITY</p> <p>NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SERVICES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.</p> <p>YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEOGOV NOR ANY PERSON ASSOCIATED WITH NEOGOV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER NEOGOV NOR ANYONE ASSOCIATED WITH NEOGOV REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.</p> <p>TO THE FULLEST EXTENT PROVIDED BY LAW, NEOGOV HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p> </li> <li> <p> Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOGOV, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE SERVICES, UNDER ANY CIRCUMSTANCE, CAUSE OF ACTION OR THEORY OF LIABILITY, OR DUE TO ANY EVENT WHATSOEVER, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, LOSS OF DATA, EVEN IF FORESEEABLE OR NEOGOV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.</p> <p>WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF NEOGOV’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF NEOGOV, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS.</p> <p>THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p> </li> <li>Indemnification. To the extent permitted by law, You agree to defend, indemnify, and hold harmless NEOGOV, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.</li> <li>General. Unless otherwise stipulated, the Terms of Use, Privacy Policy, and documents incorporated herein constitute the sole and entire agreement between you and NEOGOV regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. You may not assign any part of this Terms of Use without NEOGOV’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.</li> <li>Waiver and Severability. No waiver by NEOGOV of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NEOGOV to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.</li> <li> <p>E-Signatures.</p> <ol type="a"> <li>E-Signature Provisioning & Consent. NEOGOV E-Forms and other electronically signed services (“E-Signatures”) are provided by NEOGOV for two counterparties (generally a government employer (the “sending party”) subscribing to NEOGOV Services and personnel or job seekers) to electronically sign documents. If you use E-Signatures offered by NEOGOV, you agree to the statements set forth in this Section. Whenever you sign a document using E-Signatures you affirmatively consent to using electronic signatures via the E-Signatures and consent to conducting electronic business transactions. You also confirm that you are able to access the E-Signatures and the document you are signing electronically. When using E-Signatures for a document, your consent applies only to the matter(s) covered by that particular document.</li> <li>Right to Opt-Out of E-Signatures. You are not required to use E-Signatures or accept electronic documents provided thereby. If you are a job seeker or personnel and you choose to not use E-Signatures, you may still sign the document manually by notifying the sending party that you are choosing to do so and by obtaining a non-electronic copy of the document. NEOGOV assumes no responsibility for providing you with a non-electronic version of the document. In the event you are choosing to sign the document manually, do not use E-Signatures to sign the document or to return the document to the sending party.</li> <li>Electronic Download. If you have signed a document electronically using E-Signatures and transmitted it back to the sending party, NEOGOV provides the opportunity to download and print a paper copy of the document at no charge. If you later withdraw your consent to using E-Signatures, please notify the sending party and stop using E-Signatures. Note that the decision to stop using E-Signatures after you have already used it does not change the legality of the documents you have previously signed using an electronic signature.</li> <li>E-Signature Validity. PLEASE NOTE THAT NEOGOV’S STATEMENTS CONTAINED HEREIN OR ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE SIGNATURE LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED ARE FOR INFORMATIONAL PURPOSES ONLY; THEY SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. UNDER FEDERAL AND STATE LAWS GOVERNING ELECTRONIC SIGNATURES, ELECTRONIC SIGNATURES ON CERTAIN TYPES OF AGREEMENTS ARE NOT ENFORCEABLE. NEOGOV HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT DOCUMENTS ELECTRONICALLY SIGNED THROUGH E-SIGNATURES ARE VALID OR ENFORCEABLE UNDER THE LAWS OF THE UNITED STATES OF AMERICA, ANY PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU SHOULD CONSULT WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF ANY DOCUMENT YOU MAY SIGN ELECTRONICALLY USING NEOGOV’S E-SIGNATURES.</li> </ol> </li> <li> <p>Your Comments and Concerns.</p> <p>This website is operated by Governmentjobs.com, Inc. with offices at 2120 Park Place, Suite 100, El Segundo, CA 90245.</p> <p>For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please contact using the following:</p> <p>If you are a Job Seeker, please contact: <a href="mailto:support@GovernmentJobs.com">support@GovernmentJobs.com</a></p> <p>If you are a Customer (an employer), please contact: <a href="mailto:customersupport@GovernmentJobs.com">customersupport@GovernmentJobs.com</a></p> </li> </ol> </div></div> </div> </div> </div> </div> </div> </div> <link href="/bundles/styles/agencyPages/agencyInformation?v=GZwAZiuwNjZOC2qKE3MVmjGE3m0FNXjMbZxnI8f1K-81" rel="stylesheet"/> </div> <div class="uses-gjobs-styles"> <div id="email-verification-banner-wrapper" style="display: none"> <div id="email-verification-banner" class="email-verification-banner"> <div class="email-verification-content"> <div class="email-verification-text-content"> Please verify your email address <a class="account-settings-link" href="">Verify Email</a> </div> <div class="email-verification-button-controlls-container"> <button class="close ss-delete close-email-verification-banner" aria-label="Close" tabindex="0"></button> </div> </div> </div> </div> </div> <script type="text/javascript"> var doNotSellMyPersonalInformationPopupNotification = 'The do not sell my personal information popup has been ', doNotSellMyPersonalInformationPopupId = 'do-not-sell-my-personal-information-popup', doNotSellPrivateInfoLinkSelector = '#do-not-sell-private-info', skipToContentButtonSelector = '#skip-to-content-button'; 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'Auto-generated or drawn signature of candidate' : 'Signature of Candidate canvas' }" role="img" class="pad" width="100%" height="100%"></canvas> </div> </div> </div> </div> </div> <div id="terms-and-privacy-policy-update-confirmation" class="tab-pane confirm-dialog accept-terms-and-privacy-policy-changes"> <div role="dialog" aria-label="We've updated our Privacy Policy and Terms of Use. Please, read and accept changes." tabindex="-1" data-bind="modalRestrictFocus: visible" class="content row-fluid terms-of-use-modal"> <p>We've updated our Privacy Policy and Terms of Use. Please, read and accept changes.</p> <div class="terms-and-privacy-policy terms-and-privacy-policy-update-dialog"> <div id="privacy-policy" class="page-content"> <p>Effective date: December 04, 2023</p> <p class="privacy-policy-header">NEOGOV PRIVACY POLICY</p> <h2>Contents</h2> <ol> <li><span>1.</span>Introduction; Scope of this Policy.</li> <li><span>2.</span>Where We Are a Service Provider.</li> <li><span>3.</span>Personal Data We Collect About You and Why.</li> <li><span>4.</span>Cookies and Similar Tracking Technologies.</li> <li><span>5.</span>Online Analytics and Advertising.</li> <li><span>6.</span>Information We Disclose.</li> <li><span>7.</span>International Users.</li> <li><span>8.</span>Your Data Rights and Choices.</li> <li><span>9.</span>Notice to California Residents.</li> <li><span>10.</span>Your Rights and Control under EU GDPR.</li> <li><span>11.</span>Data Security and Integrity.</li> <li><span>12.</span>Retention and Removal.</li> <li><span>13.</span>Right to Revise.</li> <li><span>14.</span>Contact Details.</li> <li><span>15.</span>Privacy Contacts.</li> </ol> <div class="nobreak"> <h2>Introduction; Scope of this Policy.</h2> <p>The purpose of this Privacy Policy (the “Policy”) is to describe how we collect, use, store, protect, and disclose personal data online and offline either via our websites or related applications. This Policy applies to personal data we collect or use, and applications owned or controlled by Govermentjobs.com, Inc. (DBA “NEOGOV”), including our related brands NEOGOV.com, NEOED.com, PowerDMS.com, Governmentjobs.com, Schooljobs.com, and our mobile app(s) (collectively referred to as the “Services”), or affiliated companies (collectively referred to herein as “Governmentjobs”, "Schooljobs", “NEOGOV”, “NEOED”, “PowerDMS”, “we”, “us”, or “our”).</p> <p>By using any part of the Services you agree that you have read this Policy, your personal data will be processed as described herein, and you agree to be bound by this Policy. This Policy is incorporated into our <a href="/careers/cityofrochester/termsofuse">Terms of Use</a>. Definitions not explicitly defined herein shall retain the meaning as prescribed in the <a href="/careers/cityofrochester/termsofuse">Terms of Use</a>. Any dispute related to privacy is subject to the <a href="/careers/cityofrochester/termsofuse">Terms of Use</a> and this Policy, including limitations on liability.</p> <p>This Policy does not apply to (1) personal data controlled by our Customers (employers that utilize our Services, described further below), which is governed by our separate agreements and related data processing agreements with such Customers; (2) personal data collected by unaffiliated sites that link to or are accessible from our Services; (3) personal data our partners may collect directly from you and control; (4) personal data collected and processed by us about our employees or job applicants responding to our job offers; and, (5) non-personal data derived from personal data, including any data that is aggregated, de-identified, or anonymized, statistical data, insights, or other predictive data that is sufficiently different from your personal data that it cannot be reversed engineered through reasonable means, or otherwise identified from analysis or further processing of the derived data (collectively referred to as the “De-Identified Platform Data”). We use De-Identified Platform Data to provide Customers with useful and relevant insights, build features and data services, and improve our Services. Because De-Identified Platform Data does not identify you personally, we can use and disclose it in our discretion.</p> <p>We are the controller for the personal data discussed in this Policy, except as noted in the “Where We Are a Service Provider” section below.</p> </div> <div class="nobreak"> <h2>Where We Are a Service Provider</h2> <p>Our Customers are organizations such as federal, state, local, tribal, or other municipal government agencies (including administrative agencies, departments, and offices thereof), private businesses, and educational institutions (including without limitation K-12 schools, colleges, universities, and vocational schools), who use our Services to evaluate job applicants and/or manage their relationship with their personnel. When we provide our Services to our Customers, the Customer generally controls and manages the personal data (which may include sensitive personal data such as biometric information for timeclock tracking, your precise geolocation information, health information, and demographic information like race and ethnicity related to the employment relationship), and we process personal data as a "data processor" or "service provider" (as these terms are defined in applicable data protection laws). Our legal obligations as a processor and service provider are set out in our Customer contracts and policies. Our Customers, and not us, decide what types of personal data to collect to manage their relationships with you.</p> <p>For instance, if you apply to a job or your employer utilizes our Services to manage their relationship with you, the personal data collected about you is generally controlled by the employer (our Customer). This Policy does not describe the processing of your personal data by our Customers, and we encourage you to visit the Customer’s privacy policy for information about their privacy practices. For example, if you applied to a job at a local state agency, you should contact that agency with any questions you may have relating to the personal data processing by that state agency within our Services.</p> <p>Where we serve as a data processor or service provider, our Customer contracts and policies require us to either instruct you to contact our Customer, or redirect your inquiry to our Customer.</p> </div> <h2>Personal Data We Collect About You and Why.</h2> <p>In this Section we set out general categories of personal data we may collect and the purpose for using your personal data, including the personal data collected and processed over the past year. We collect and process personal data to provide you the Services, fulfill our contractual responsibility to deliver the Services to our Customers, fulfill your requests, and pursue our legitimate interests and our business and commercial purposes. We also automatically collect data during your usage of the Services and collect other personal data about you from other sources. Your personal data will only be collected and used for purposes stated herein, where you provide additional consent, or as required by law or regulation - including national security or law enforcement requirements.</p> <p class="sub-header"><strong>Information Provided by You.</strong></p> <p>We collect personal data from you directly when you visit our Services from either your computer, mobile phone, or other device, attend one our events, or communicate with our personnel. The categories of personal data we collect from you, involve the following:</p> <table class="privacy-policy-table"> <tr> <th>Types of Personal Data</th> <th>Why the Personal Data is collected</th> </tr> <tr> <td style="vertical-align: middle;"> <strong>Identification, account, and contact data,</strong> including your name, username and password, professional or personal email address, professional or personal telephone phone number, and account preferences. </td> <td> <ul> <li> Create your account, perform and manage our relationship with you and our Customers, and facilitate the relationship between you and our Customers for their hiring and employment purposes. </li> <li> Communicate with you and send you information as part of the Services regarding your questions, comments, requests for information, contests you entered into, upcoming events, newsletters and surveys, technical notices, security alerts, statements and invoices, support and administrative messages, significant updates to the Services or policies, as well as relevant notifications regarding your account. </li> <li> Notify you about our Services and events that we believe will interest you, for our legitimate interests in conducting direct marketing, or to the extent you’ve provided your consent. If you purchased or sent us an inquiry regarding our Services, we may send you information about similar Service you may be interested in. To learn how to manage these communications, see the “Your Data Rights and Choices” section of this Policy. </li> <li> Provide support services, answer your requests, comments, and questions, troubleshoot, and diagnose problems with our Services. </li> <li> Verify your identity, respond to legal requests, enforce our legal agreements where applicable, prevent fraud or potentially illegal activities, maintain security, and screen for and prevent undesirable or abusive activity. </li> </ul> </td> </tr> <tr> <td style="vertical-align: middle;"> <p><strong>Profile and employment data</strong> including your name, professional or personal postal address, professional or personal e-mail or telephone number, employer name and general location, job title or area of expertise, work experience and performance data, search history, job interest cards, education history, skills, certificates, and licenses.</p> </td> <td> <ul> <li> Perform and manage our relationship with you and our Customers, and facilitate the relationship between you and our Customers for their hiring and employment purposes. </li> <li> Provide you personalized recommendations of content, features, and Services, including to enable you to search and apply for jobs, match you with employers and job listings, help our Customers find and contact you, and display targeted notices and messages from our Customers. </li> <li> Make improvements, enhancements, or modifications to the Services through data analysis and research of usage trends, and feedback sessions. </li> <li> Conduct research on social, economic, and sectoral employment and hiring trends. </li> <li> Provide support services, answer your requests, comments, and questions, troubleshoot, and diagnose problems with our Services. </li> <li> Verify your identity, respond to legal requests, enforce our legal agreements where applicable, prevent fraud or potentially illegal activities, maintain security, and screen for and prevent undesirable or abusive activity. </li> </ul> </td> </tr> <tr> <td style="vertical-align: middle;"> <strong>Communications and publication data</strong> including communication content within emails, phone and other voice recordings, online forms, chats, forums including our Customer Community, date and time of the communication, and the communication method. </td> <td> <ul> <li> Make improvements, enhancements, or modifications to the Services based on your feedback collected through feedback sessions or content you post within our Services or the Customer Community about your experience using our Services. </li> <li> Determine Services, events, newsletters, or contests that we believe will interest you and notify you. </li> <li> Provide support services, answer your requests, comments, and questions, troubleshoot, and diagnose problems with our Services. </li> <li> Verify your identity, respond to legal requests, enforce our legal agreements where applicable, prevent fraud or potentially illegal activities, maintain security, and screen for and prevent undesirable or abusive activity. </li> </ul> </td> </tr> <tr> <td style="vertical-align: middle;"><strong>Contact preferences data</strong> including marketing content preferences, and the status of whether you opted-out of our marketing notices.</td> <td> <ul> <li> Manage and track your preferences for communications you receive from us, identify trends in the interactions with our Services, and measure the performance of our communications. </li> <li> Make your profile viewable to employers, depending on your settings. </li> </ul> </td> </tr> <tr> <td style="vertical-align: middle;"> <strong>Transaction and billing data</strong> including the Service purchased, billing details, financial data corresponding to your selected method of payment (e.g. a credit card or a bank account number), which is collected by third-party payment processors on our or our customer's behalf. </td> <td> <ul> <li> To facilitate your payment and billing for Services, facilitate payroll and tax Services for our Customers, and detect and prevent fraud. </li> </ul> </td> </tr> </table> <p>You may voluntarily submit other personal data to us through our Services that we do not request and are not required for the relevant data processing activity.</p> <p class="sub-header"><strong>Information Collected Automatically.</strong></p> <p>With the help of our Service Providers, we may also automatically collect personal data about you and your device and how you interact with our Services. Categories of personal data collected automatically include the following:</p> <table class="privacy-policy-table"> <tr> <th>Types of Personal Data</th> <th>Why the Personal Data is collected</th> </tr> <tr> <td> <p> <strong>Usage data</strong> including Services you purchase, IP address, webpages visited, what you click on, features you use, how often and when you use the Services (including the date and time of your access or use), general location of usage, jobs performed, Service configurations, browser type and version, browser language, internet service provider, domain name, error logs, e-mails you view, and the subject of the ads you click or scroll over; and, </p> <p> <strong>Device data</strong> including device address or other unique device identifying numbers, type of device, software and hardware attributes, your operating system, system and performance data, and mobile application permissions including cellular data, general geolocation, access to photos, camera, calendars, and reminders. </p> </td> <td> <ul> <li> Perform and manage our relationship with you and our Customers, and facilitate the relationship between you and our Customers for their hiring and employment purposes. </li> <li> Track your preferences and provide you personalized recommendations of content, features, and Services. </li> <li> Make improvements, enhancements, or modifications to the Services. </li> <li> Produce De-Identified Platform Data and conduct research on social, economic, and sectoral employment and hiring trends. </li> <li> If our Customer utilizes our mobile application or our time and attendance services where you clock in and out of your job, we may collect data based off your fingerprint or facial ID. For more information regarding our use of Biometric data, please see our <a href="https://www.neogov.com/hubfs/BIOMETRIC%20DATA%20NOTICE.pdf" target="_blank">Biometric Data Notice</a>. </li> <li> Verify your identity, respond to legal requests, enforce our legal agreements where applicable, prevent fraud or potentially illegal activities, maintain security, and screen for and prevent undesirable or abusive activity. </li> </ul> </td> </tr> <tr> <td> <strong>General Location data</strong> including your device’s location through data that indicates a country, state, city or postal code, and in certain instances, by tracking the latitude and longitude of your IP address, Wi-Fi address, or device. </td> <td> <ul> <li> Where one of our Customers utilizes our time clock features and you use it to punch in and out of your work shifts. </li> <li> Verify your identity, respond to legal requests, enforce our legal agreements where applicable, prevent fraud or potentially illegal activities, maintain security, and screen for and prevent undesirable or abusive activity. </li> </ul> </td> </tr> <tr> <td> <strong>Log and other automatic data</strong> collection including data about the nature of each access, IP address, ISP, files viewed, content changes in certain cases, operating systems, device type and timestamps, pages you view, links you click, touch stream data, movement, scroll, keystroke activity, browser type, access times, and third-party sites and services you were using before and after interacting with our Services. </td> <td> <ul> <li> Track your preferences and provide you personalized recommendations of content, features, and Services. </li> <li> Make improvements, enhancements, or modifications to the Services. </li> <li> Ensure you can use our Services in conjunction with other services and facilitate your use of integrations. </li> <li> Produce De-Identified Platform Data and conduct research on social, economic, and sectoral employment and hiring trends. </li> <li> Verify your identity, respond to legal requests, enforce our legal agreements where applicable, prevent fraud or potentially illegal activities, maintain security, and screen for and prevent undesirable or abusive activity. </li> </ul> </td> </tr> <tr> <td> <strong>Cookies, pixel tags (“web beacons”), HTML Storage Objects, web tags, and embedded scripts</strong> within our communications and on our Services to collect data related to usage, location, device and logs. </td> <td> <ul> <li> Among other reasons, we use various cookies and other tracking technologies to provide our Services, authenticate users when visiting our Services, for security purposes (e.g., to prevent fraudulent use of the Services and protect our Services generally), track your preferences, provide personalized recommendations of content, features, and Services, deliver more relevant ads to you as you browse the web, including ads on websites and applications other than on our Services, and help us understand how our websites and communications are being used. For more information on Cookies see the “Cookies and similar Tracking Technologies; “Do Not Track” section immediately below. </li> </ul> </td> </tr> </table> <p class="sub-header"><strong>Cookies and Similar Tracking Technologies</strong></p> <p>We and our service providers may use a variety of technologies to collect information about your device and use of our Services as discussed immediately above. Most web browsers can be programmed to accept or reject the use of some or all of these technologies, although you must take additional steps to disable or control other technologies. Among these technologies include:</p> <ul class="list-items-nobreak"> <li>A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser and device you use to access our Services. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.</li> <li>A web beacon (also called a web bug or clear GIF) is a graphic on a webpage or in an email message that is designed to monitor who is reading the page or message. Web beacons are often invisible because they are typically only 1-by-1 pixel in size. Web beacons are often used alongside cookies to track activity. Web beacons may be used to add data to a profile about a site visited, provide an independent accounting of how many people have visited a website, gather statistics about usage, among other things.</li> <li>HTML Storage Objects are program code that collects data about your activity on our Services. The HTML is temporarily downloaded onto your device while you are connected to our Services.</li> </ul> <p>Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., <a href="https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09">Microsoft Edge</a>, <a href="https://support.google.com/chrome/answer/95647?hl=en">Google Chrome</a>, <a href="http://kb.mozillazine.org/Cookies#Firefox">Mozilla Firefox</a>, or <a href="http://support.apple.com/kb/PH5042">Apple Safari</a>). By blocking any or all cookies, you may not have access to certain features or offerings of the Services.</p> <p class="sub-header"><strong>Online Analytics and Advertising</strong></p> <p class="sub-header"><strong>Online Analytics</strong></p> <p>We may use third-party web analytics services on our Services, such as those of Google Analytics, Hubspot, LinkedIn, Hotjar, and others. These service providers use the sort of technology previously described in the “Personal Data We Collect About You and Why” section to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking <a href="https://tools.google.com/dlpage/gaoptout">here.</a></p> <p class="sub-header"><strong>Tailored Online Advertising</strong></p> <p>We may personalize the content and advertising that you see when using the Services through the use of third-party advertising technologies that allow for the delivery of relevant content and advertising on the Services, as well as other websites you visit and other applications you use. These third-party advertising technologies may include Google Ads, DoubleClick, Twitter, AddThis, ShareThis, and others. The ads may be based on various factors such as the content of the page you are visiting, information you provide such as your age and gender, your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and may be tailored to your interests.</p> <p>We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Services by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the <a href="https://optout.networkadvertising.org/?c=1" aria-label="Navigate to Network Advertising Initiative’s Consumer Opt-Out link">Network Advertising Initiative’s Consumer Opt-Out link</a> or the <a href="https://optout.aboutads.info/?c=2&lang=EN" aria-label="Navigate to Digital Advertising Alliance’s Consumer Opt-Out link">Digital Advertising Alliance’s Consumer Opt-Out link</a> to opt-out of receiving tailored advertising from companies that participate in those programs. You can also use the options below in the "Rights Regarding Your Information" section below.</p> <p>Please note that you may still receive advertisements even if you opt out of tailored advertising. In that case, the ads will just not be tailored. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.</p> <p class="sub-header"><strong>Information from Other Sources</strong></p> <p>We also receive your personal data described in this Policy from third party sources, including from your employer (our Customer), third party companies from which we purchase personal data, partners (including but not limited to partners listed on our <a href="https://www.neogov.com/marketplace" aria-label="Navigate to Neogov Marketplace">Marketplace</a>), accreditation agencies, and co-organizers and sponsors for our events and webinars.</p> <p><strong>Partners.</strong> We collect and use personal data originally collected by partners for joint product and marketing opportunities. For example, we receive profile data about the status of background checks and assessments you participate in, updates from payment processors regarding your purchases, receipts and analytics for text communications and emails you send and receive, or other profile data from integrated systems employers choose to connect with our Services. If you sign into our Services with Facebook or other single sign on services, we import the requested data from your account.</p> <p><strong>Data brokers.</strong> We purchase additional contact data to supplement and correct the contact and employment data we collect, including your name, professional or personal email address, professional or personal telephone phone number, employer name and location, job title or area of expertise.</p> <p><strong>Public sources.</strong> We collect personal data from publicly accessible websites and government sources, including your name, email address, and other profile data such as job title, employer name, and professional expertise.</p> <p>We combine personal data about you from your use of the Services with other personal data we obtain about you from third parties and use such information in accordance with this Policy.</p> <p>If you believe that your personal data was improperly collected or provided to use by one of the sources described above, please contact us at <a href="mailto:privacy@neogov.com">privacy@neogov.com</a>.</p> <p class="sub-header"><strong>Information Collected When Using the PowerLine Application</strong></p> <p>The PowerLine Application (“App”) is an app designed to help maximize your mental wellbeing by providing information and connecting you with others that have had similar life experiences. If your employer has sponsored your access to our App, we will collect the minimum personal information necessary to set up your access to the App (name, email address). Your interactions on the App will be anonymous with respect to other users, as other users will only know you by an anonymous identifier. Be careful what you share with others through the App, especially regarding your personal data.<br /> As you use the App, we collect information only insofar as is necessary or appropriate to fulfill the purpose of your interaction with the App. We may collect the following types of usage data when you use the App:</p> <ul class="list-items-nobreak"> <li>Measurement data produced by the Apps. We may collect the Apps version, device hardware model, device operating system (OS) version, language and region settings, or timestamp.</li> <li>Apps crash reports. When the App crashes, we may collect information relating to the crash including device state, device hardware model, device OS version, and software processes that triggered the crash.</li> <li>Apps usage and interactions. We may collect statistics about the behavior of users of the App to understand how they interact with the App and for error reporting.</li> </ul> <h2>Information We Disclose.</h2> <p>We disclose personal data with other parties for the purposes stated herein or as required by law. The following lists the categories of entities we’ve disclosed personal data with, including over the past year.</p> <p class="sub-header"><strong>To Customers.</strong></p> <p>We disclose personal data to our Customers (your current or potential employer) that utilize our services. For instance, if you are a job applicant and you respond to a job posting, we will disclose your personal data to the employer in order to facilitate the job search and hiring process. If your current or former employer uses one of our Services, personal data you input into those Services is accessible by that employer’s end users - subject to the security and access controls set up by the employer. In addition, if you sign up for an Access membership, we may disclose your personal data with Customers and their designated agents for recruitment purposes. You may cancel your Access membership at any time.</p> <p class="sub-header"><strong>To Service Providers.</strong></p> <p>We disclose personal data to services providers to provide services on our behalf. For instance, we use service providers to facilitate our support services, data security, email, web hosting, research and analytics, data enrichment services, deliver and help us track our marketing and advertising content, process credit card payments, deliver payroll processing and disbursements, coordinate our customer conferences, and manage our sales and customer relations.</p> <p class="sub-header"><strong>Research and Event Partners/Sponsors</strong></p> <p>We work with other entities to perform research, under controls that are designed to protect your privacy. We publish or allow others to publish insights, presented as either aggregated, anonymized, de-identified, or non-personal data.</p> <p>If you download or access content on our Services or attend an event or webinar we host or co-host, we may disclose your personal data to sponsors of the event or webinar. The sponsor may also be a controller of your personal data in this instance, and processing of your personal data will be subject to the sponsors’ privacy statements as well.</p> <p class="sub-header"><strong>To Advertising Partners</strong></p> <p>As explained in detail above in the "Online Analytics and Advertising" section, we may disclose your information to third parties that assist in tailoring and serving advertisements that are relevant to you. We may also allow third-party advertising technologies (e.g., ad networks and ad servers) to use cookies and similar technologies on the Services to deliver relevant and targeted content and advertising to you on the Services and other websites you visit and applications you use.</p> <p class="sub-header"><strong>To other parties when you give your consent.</strong></p> <p>We may also disclose personal data where you provide your consent or post your personal data publicly. Where required by law, additional consent is obtained before personal data is transferred to us or forwarded to other parties. For example, we disclose personal data with background check providers if a job applicant consents and we are instructed to do so by our Customers.</p> <p>During your use of the Services, you may have the opportunity to visit or link to other websites, including websites by third parties unaffiliated with us. We have no relationship or control over unaffiliated websites. These websites might collect personal data about you, and you should review the privacy policies of such other websites to see how they treat your personal data.</p> <p class="sub-header"><strong>To other third parties where required by law.</strong></p> <p>We also disclose personal data or data in order to meet any applicable law, regulation, legal process or enforceable governmental request, investigate violations and enforce policies (including our Terms of Service, this Policy and other contracts with you), detect, prevent, or otherwise address fraud, protect against harm to the rights, property or safety of our users or the public, protect your vital interests or the vital interests of another natural person; and where disclosure is necessary for establishment, exercise or defense of legal claims or where there is reasonable belief that disclosure is required by law or regulations</p> <p class="sub-header"><strong>Mergers, Acquisitions, Dissolutions, Affiliates.</strong></p> <p>We may transfer or disclose personal data to another entity who acquires or may acquire any or all of our business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets, or bankruptcy. We disclose personal data to our affiliates with our Customers’ consent in order to facilitate any Service transition or implementation services.</p> <h2>International Users</h2> <p>Please be aware that we are based in the United States and the information we collect will be transferred to, processed, and stored on our servers in the United States in accordance with this Privacy Policy and applicable laws. The data protection laws and regulations applicable to your information transferred to the United States may be different from the laws in your country of residence. We take appropriate steps to protect, process, and transfer your information only in accordance with this Privacy Policy and applicable law, which may include using standard contractual clauses or other transfer mechanisms.</p> <h2>Your Data Rights and Choices</h2> <p class="sub-header"><strong>Marketing Communications</strong></p> <p>In accordance with applicable law, we may send you marketing and promotional emails. If you would like to opt out of email marketing, notify us at <a href="mailto:privacy@neogov.com">privacy@neogov.com</a> or follow the unsubscribe instructions in the email. Please note that even though you may opt-out of receiving marketing-related communications from us, we may still send you important administrative and transactional messages (e.g., notifications regarding updates to our legal terms).</p> <p class="sub-header"><strong>Rights Regarding Your Information</strong></p> <P>Depending on your jurisdiction, you may have the right, in accordance with applicable data protection laws, to make requests related to your “personal information” or “personal data” (as such terms are defined under applicable law, and collectively referred to herein as “personal information”). Specifically, you may have the right to ask us to:</P> <ul> <li>Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.</li> <li>Provide you access to and/or a copy of certain personal information we hold about you.</li> <li>Correct or update personal information we hold about you.</li> <li>Delete certain personal information we have about you.</li> <li>Provide you with information about the financial incentives that we offer to you, if any.</li> <li>Restrict or object to certain uses of your information.</li> <li>Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.</li> </ul> <p>Please note that certain information may be exempt from such requests under applicable law. For example, we need certain information in order to provide the Services to you.</p> <p>You may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising” as described below. If you are a California resident, please see the “Notice to California Residents” section below for more information about our privacy practices and your rights.</p> <p>As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. If we are unable to verify your identity, we may be unable to respond to your requests.</p> <p>To exercise any of these rights, you can contact us at <a href="mailto:privacy@neogov.com">privacy@neogov.com</a> with your name and type of request you are making, you can also send your request by clicking <a href="https://info.neogov.com/privacy-policy-request">here</a>:</p> <p>You may be able to designate an authorized agent to make requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request as permitted by applicable law.</p> <p>Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. We will provide information about how to exercise that right in our response denying the request. You also have the right to lodge a complaint with a supervisory authority.</p> <h2>Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes</h2> <p>If you are a resident of certain U.S. states, you may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising.”</p> <p>As explained in the “When We Disclose Your Information” and "Online Analytics and Advertising" sections above, we sometimes disclose information to third-party advertising providers for targeted advertising purposes or use advertising analytics partners to assist us in analyzing use of our services and our user/customer base. Under applicable law, the disclosure of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information or the processing/sharing of personal information for targeted advertising purposes.</p> <p>If you would like to opt out of the disclosure of your personal information for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing” or processing for purposes of targeted advertising, please visit "Your Privacy Choices" which is available in the footer of our Services. Note that you will need to opt out on each device you use to access the Services.</p> <p>Please note that we do not knowingly sell the personal information of minors under 16 years of age.</p> <h2>Notice to California Residents</h2> <p>If you are a California resident, the California Consumer Privacy Act, as amended (“CCPA”), requires us to provide you with the following additional information about: (1) the purpose for which we use each category of “personal information” (as defined in the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) “share” personal information for “cross-context behavioral advertising,” and/or (c) “sell” such personal information.</p> <p>Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. Our use of third-party analytics services and online advertising services as discussed in detail in our Privacy Policy may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” under the CCPA. The following chart details our practices in this regard.</p> <div class="accommodate-table-mobile"> <table class="privacy-policy-table"> <tr> <th> Category of Personal Information </th> <th> Purposes of Use </th> <th style="border: 1px solid;padding: 10px 5px;"> Categories of Third Parties to Which It was Disclosed </th> <th style="border: 1px solid;padding: 10px 5px;"> Categories of Third Parties to Which NeoGov “Shares” and “Sells” this Personal Information for Advertising/Analytics Purposes </th> </tr> <tr> <td> Identifiers (e.g., name, User ID, mailing address, email address, phone number, IP address, device information) </td> <td> Provide and maintain our Services; Provide goods and services; Communicate with you; Analytics and improvements; Marketing and advertising; Legal purposes; With your consent. </td> <td> Affiliates; service providers; online advertising and analytics partners; entities for legal purposes; entities for organizational transfers; with your consent. </td> <td> Online advertising and analytics partners. </td> </tr> <tr> <td> Profile data (including employment and education history) </td> <td> Provide and maintain our Services; Provide goods and services; Communicate with you; Analytics and improvements; Marketing and advertising; Legal purposes; With your consent. </td> <td> Affiliates; service providers; online advertising and analytics partners; entities for legal purposes; entities for organizational transfers; with your consent. </td> <td> Online advertising and analytics partners. </td> </tr> <tr> <td> Sensitive personal information (e.g., bank account numbers, insurance policy numbers, credit card numbers, race/ethnicity, payment information, account log-in credentials) </td> <td> Provide and maintain our Services; Provide goods and services; Communicate with you; Analytics and improvements; Legal purposes; With your consent. </td> <td> Affiliates; service providers; entities for legal purposes; entities for organizational transfers; with your consent. </td> <td> We do not share/sell. </td> </tr> <tr> <td> Audio, electronic, visual, thermal, olfactory, or similar information (e.g., recordings of calls or meetings) </td> <td> Provide and maintain our Services; Provide goods and services; Communicate with you; Analytics and improvements; Legal purposes; With your consent. </td> <td> Affiliates; service providers; entities for legal purposes; entities for organizational transfers; with your consent. </td> <td> We do not share/sell. </td> </tr> <tr> <td> Commercial information (e.g., records of transactions and purchases) </td> <td> Provide and maintain our Services; Provide goods and services; Communicate with you; Analytics and improvements; Marketing and advertising; Legal purposes; With your consent. </td> <td> Affiliates; service providers; online advertising and analytics partners; entities for legal purposes; entities for organizational transfers; with your consent. </td> <td> Online advertising and analytics partners. </td> </tr> <tr> <td> Internet or other electronic network activity (e.g., information about your interaction with the Services) </td> <td> Provide and maintain our Services; Provide goods and services; Communicate with you; Analytics and improvements; Marketing and advertising; Legal purposes; With your consent. </td> <td> Affiliates; service providers; online advertising and analytics partners; entities for legal purposes; entities for organizational transfers; with your consent. </td> <td> Online advertising and analytics partners. </td> </tr> <tr> <td> General Geolocation data (inferred from IP address) </td> <td> Provide and maintain our Services; Provide goods and services; Communicate with you; Analytics and improvements; Legal purposes; With your consent. </td> <td> Affiliates; service providers; entities for legal purposes; entities for organizational transfers; with your consent. </td> <td> We do not share/sell. </td> </tr> <tr> <td> User-generated content or feedback that you provide </td> <td> Provide and maintain our Services; Provide goods and services; Communicate with you; Analytics and improvements; Legal purposes; With your consent. </td> <td> Affiliates; service providers; entities for legal purposes; entities for organizational transfers; with your consent. </td> <td> We do not share/sell. </td> </tr> <tr> <td> Inferences drawn from any of the information identified herein </td> <td> Provide and maintain our Services; Provide goods and services; Communicate with you; Analytics and improvements; Marketing and advertising; Legal purposes; With your consent. </td> <td> Affiliates; service providers; online advertising and analytics partners; entities for legal purposes; entities for organizational transfers; with your consent. </td> <td> Online advertising and analytics partners. </td> </tr> </table> </div> <p>For more information about each category, purpose of use, and the third parties to which we disclose or share information, please see the “Personal Data We Collect About You and Why” and “Information We Disclose” sections above.</p> <p class="sub-header"><strong>Your Choices Regarding “Sharing” and “Selling”</strong></p> <p>You have the right to opt out of our sale/sharing of your personal information for purposes of certain online analytics and advertising by visiting "Your Privacy Choices” which is available in the footer of our Services. Note that you will need to opt out on each device you use to access the Services.</p> <p>If you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.</p> <p class="sub-header"><strong>Additional California Privacy Rights</strong></p> <p>In addition to the rights set forth in the section above on “Your Choices Regarding ‘Sharing’ and ‘Selling,’” California residents may make certain requests about their personal information under the CCPA as set forth in the section above in our Privacy Policy on “Rights Regarding Your Information.”</p> <p>The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note, in the limited circumstances that we process sensitive personal information (such as health information, ethnicity, and biometric information) as defined in the CCPA, we do not use or disclose it other than for disclosed and permitted business purposes for which there is not a right to limit under the CCPA.</p> <p class="sub-header"><strong>Shine the Light</strong></p> <p>California Law permits customers who are California residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable California law) to third parties for such third parties’ direct marketing purposes. To make such a request, please email us at <a href="mailto:privacy@neogov.com">privacy@neogov.com</a>.</p> <p class="sub-header"><strong>Do Not Track</strong></p> <p>Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Except as otherwise described herein with respect to legally required browser based opt outs, we do not recognize or respond to browser-initiated DNT signals, as there is no industry-wide framework for DNT signals. To learn more about Do Not Track, you can do so <a href="https://allaboutdnt.com/">here</a>.</p> <h2>Your Rights and Control under EU GDPR.</h2> <p class="sub-header"><strong>Data Controllers and Processors.</strong></p> <p>Our Customers use our Services to post job opportunities, evaluate job applicants, manage their human resource activities, and train their workforce. In conducting these activities, the Customer maintains control over what personal data is collected, how it is used, how long it is retained, and who it is disclosed to. For purposes of the EU GDPR, the Customer is considered a data controller in these respects and we are a data processor. In other instances, such as when we use cookies or contact you about our Services, we will determine the means and purpose of processing.</p> <p class="sub-header"><strong>Lawful Basis for Processing.</strong></p> <p>For personal data subject to the European Union General Data Protection Regulation and ePrivacy Directive, we rely on multiple legal bases for processing, including:</p> <p><strong>Consent.</strong> In certain cases, we ask you for your consent to process your personal data, for instance, for certain marketing purposes. You can withdraw your consent at any time; however, this will not affect the lawfulness of the processing before your consent was withdrawn. You can withdraw your consent by using the prompts within the messages you receive, the settings within your account, or by contacting our support using any of the privacy support emails listed at the end of this Policy.</p> <p><strong>Legitimate Interest.</strong> We process certain personal data for our legitimate interests. These legitimate interests include contacting you to provide support or sending you marketing information (subject to applicable law); detecting, preventing, and investigating illegal activities and potential security issues; and maintaining and improving our Services. We will balance our interests, the purpose and necessity of processing, and the rights and risks to you before we process for legitimate interests.</p> <p><strong>Performance of a Contract</strong> We process personal data to perform our obligations under an agreement with you or our Customers. For example, we use payment information you provide when you purchase a Service.</p> <p><strong>Other Legal Bases.</strong> In some cases, we may have a legal obligation to process your personal data, such as in response to a court or regulator order. We also may need to process your personal data to protect vital interests, or to exercise, establish, or defend legal claims.</p> <p class="sub-header"><strong>Automated Decision Making and Profiling.</strong></p> <p>We use an automated chat bot within some of our Services to screen your requests and questions. The purpose of the automated chat bot is to fulfill frequently asked questions provided by our users, tag the requests and questions to route to our most appropriate contact, and improve our responses and Services. The chat bot is not fully automated and will not have a legal or significant impact on you.</p> <h2>Data Security and Integrity.</h2> <p>We implement physical, technical, and administrative safeguards designed to maintain data accuracy, integrity, and security, prevent unauthorized access, and facilitate correct use of personal data. Our security measures take into account the risk of harm to you and Customers, as well as the availability of technology, industry common practices, effectiveness of mitigation controls, and the sustainability of those controls by us.</p> <p>Although we maintain the controls listed herein, transmission of data is not without risk and the complete security of your personal data cannot be guaranteed. Please note, you are responsible for keeping your login credentials secret at all times, including your username and password.</p> <h2>Retention and Removal.</h2> <p>For personal data we determine the purposes for and means by which it is processed, such personal data will not be kept for longer than necessary for the original purpose of collection, when no longer relevant, or upon permissible request. When the original purpose no longer exists, we will either delete or de-identify it (subject to applicable law) or, if this is not possible, we will securely store your personal data until deletion is possible. Your personal data will be appropriately disposed in a manner designed to ensure it cannot be reconstructed or read. If you are a job applicant, after your account has been closed, we may retain De-Identified Platform Data as permitted by law.</p> <p>Where our Customer is the controller of your personal data, our retention policies and procedures are designed to allow Customers to comply with their own record retention requirements. If you are a job applicant that deletes your profile with us, your personal data will be removed or de-identified with our job applicant database; however, your data may persist within the applications you previously submit to our Customers until Customer disposal. Job applicants should contact the Customer they sent the application to if they seek enforcement of eligible data rights in that application.</p> <h2>Right to Revise.</h2> <p>We reserve the right to revise our Policy to reflect changes in our online information practices or to comply with the law by publishing a new version on our website. In circumstances where we materially change this Policy, we will provide you with appropriate notice in accordance with legal requirements. By continuing to access and use the Services, you are confirming that you have read and understood the latest version of this Policy.</p> <h2>Contact Details.</h2> <p>This website is owned and operated by Governmentjobs.com, Inc. (DBA “NEOGOV”). Our principal place of business is at 2120 Park Place, Suite 100, El Segundo, CA 90245, United States. You can contact us by email, telephone, or regular mail using the contact information listed herein.</p> <h2>Privacy Contacts.</h2> <p> If at any time you have questions or concerns about this Policy, please feel free to call us at (877) 204-4442 or e-mail us at <a href="mailto:privacy@neogov.com">privacy@neogov.com</a>.<br /> You can also contact our data protection manager at <a href="mailto:dpo@neogov.com">dpo@neogov.com</a>. </p> <p>Users who have a visual disability may be able to use a screen reader or other text-to-speech tool to review the contents of this Policy. If you experience any difficulties assessing the information here or you wish to obtain a copy of this Policy, please contact us using the details above.</p> </div> <div id="terms-of-use"> <div class="terms-of-use-header">Terms of Use</div> <p>Effective date: December 04, 2023</p> <p>Governmentjobs.com, Inc. D/B/A NEOGOV on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (referred to as “NEOGOV”, “Company,” “we”, “our”, or “us”) offers proprietary web-based software-as-a-service applications, including via mobile applications (collectively, the “SaaS Applications”), and maintains various websites under its control, including <a href="https://www.neogov.com">www.neogov.com</a>, <a href="https://www.neoed.com">www.neoed.com</a>, <a href="https://www.powerdms.com">www.powerdms.com</a>, <a href="https://www.governmentjobs.com">www.governmentjobs.com</a> and <a href="https://www.schooljobs.com">www.schooljobs.com</a> and the subdomains and subdirectories of each as well as any website applications, content or functionality offered on or through the foregoing (collectively, the “Websites” and together with the SaaS Applications, the “Services”).</p> <p>By using the Services, you accept and agree to be bound and abide by the following terms and conditions (the “Terms of Use”), together with our Privacy Policy, found at <a href="https://www.governmentjobs.com/careers/cityofrochester/privacypolicy">https://www.governmentjobs.com/careers/cityofrochester/privacypolicy</a>, incorporated herein by reference (the “Privacy Policy”), regardless of whether you registered as a user or you are a job seeker or employer (“you” or “your”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. Also, by agreeing to this Terms of Use you waive, to the extent permitted under applicable law, any rights or legal requirements that require an original (non-electronic) signature or the delivery or retention of non-electronic records in order for a contract to be legally binding.</p> <p>If you use the Services as part of a paid subscription, the Service features and functionalities available to you are determined by the specific terms agreed to between NEOGOV and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Contract”). The terms and conditions within such Customer Contract shall control to the extent of any direct conflict with these Terms of Use.</p> <p>If you are using a SaaS Application on behalf of a Customer, by accessing or using the SaaS Application, you acknowledge and agree to be bound by these Terms of Use and Privacy Policy and you shall be responsible for (and must have sufficient authority to take) all actions that are performed on or through your registered account, including any procurement or use of third party products or services (and associated disclosure of data) in connection with the SaaS Application. If you have been added or invited to the SaaS Application, the party that administers such SaaS Application (and not you) controls your use of that SaaS Application, including but not limited to adding or removing you from that SaaS Application, enabling or disabling third-party integrations, and managing permissions. Any content that you submit or upload to the SaaS Application may be retained, accessed, used, modified, shared, or removed by the party that administers such SaaS Application. You acknowledge that your account can become managed by the entity that owns or controls the email address domain with which your account was created or registered.</p> <p> Please read the Terms of Use carefully before you start to use the Services. </p> <p> We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. </p> <ol> <li> <p> Eligibility. These Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us. Otherwise, you must not access or use the Services. In addition, we are based in the state of California in the United States. The Services can be accessed from certain countries around the world. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Services from territories where the Services are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations. </p> </li> <li> <p>Accessing Services and Account Security. Subject to your compliance with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the applicable Services. Unless NEOGOV has entered into a Customer Contract permitting you to use the Services for transactions on the Customer’s behalf, you may only use the Services for transactions on your own behalf. If you use the Services on behalf of a Customer or other entity or natural person, you represent and warrant that you are authorized to do so. <br /> To access the Services or some of the resources offered through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by the Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Terms not defined herein shall retain their meaning as set forth in the Privacy Policy. </p> <p> If you choose, or are provided with, a user name, password, or any other piece of information, as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. </p> <p> As between you and others (including Customers), your account belongs to you. However, if the Services were purchased by a Customer for you to use, the Customer has the right to control access to and get reports on your use of such paid Service. </p> <p> You agree to (i) notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security of which you become aware, (ii) assist us using commercially reasonable efforts in maintaining confidentiality, and (iii) assist us as reasonably necessary to enforce our rights and to enable us to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. </p> </li> <li> <p>Term and Termination. If you use the Services as part of a paid subscription (e.g. you are an employer and purchase Services directly through this site), you understand and agree that the Services you purchase are offered on an annual basis and will automatically renew each year unless either party gives the other party notice (email is sufficient) of non-renewal at least thirty (30) days before the end of the relevant subscription term. If you are using the Services as a user or a job seeker, you may terminate your account at any time. If you violate any provision of these Terms of Use, your permission from NEOGOV to use the Services will terminate automatically. In addition, NEOGOV may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice.<br/> NEOGOV may alter, suspend or discontinue the Services or any portion of the Services without notice. NEOGOV will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. </p> <p>Our rights to use and disclose your feedback shall survive termination.</p> </li> <li> <p>Intellectual Property Rights. The Services and its entire contents, features, and functionality (including but not limited to all information, software, specifications, text, displays, images, video, and audio, code that NEOGOV creates or displays to generate or display content, and the design, design marks, trademarks, service names, slogans, selection, and arrangement thereof)(the “NEOGOV Content”) are owned by NEOGOV and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Services for your personal, non-commercial use only, and in the case of Customers, for internal business use only, subject to the license rights specified in these Terms of Use. Nothing in these Terms of Use shall be construed as granting to you a license to NEOGOV Content under any copyright, trademark, patent, or other intellectual property right except as follows:</p> <div id="term-circle"> <p> ● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.</p> <p> ● You may store files that are automatically cached by your Web browser for display enhancement purposes.</p> <p> ● If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. </p> </div> <p>No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.</p> </li> <li> Trademarks. “NEOGOV,” “NEOED”, “Governmentjobs.com,” “Schooljobs.com,” “PowerDMS,” and certain other names or logos are our trademarks, and all related product and service names, design marks, and slogans are our trademarks or service marks, excluding the marks of our partners. You must not use such marks without our prior written permission. We also retain the rights in the designated color schemes and column names provided within the Services. The “look” and “feel” of the Services (including color combinations, button shapes, layout, design, and all other graphical elements not uploaded or implemented by Customers) are also our trademarks or copyrights. </li> <li> <p>Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You must not: </p> <ol> <li>Submit or post anything to the Services that contains software viruses, worms, or any other harmful code.</li> <li> Create a false identity as a user of the Services, misrepresent your identity, create a profile for anyone other than yourself (a real person), post any incomplete, false, or inaccurate résumé information or information which is not your own accurate résumé, or use or attempt to use another’s account. </li> <li> Disclose information that you do not have the consent to disclose (such as confidential information of a Customer); </li> <li> Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, license, transfer, sell or transmit or make copies of any NEOGOV Content or materials from the Services or modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Services. </li> <li> Delete or alter any legal notices, copyright, trademark, or other proprietary rights notices from copies of materials from this site. </li> <li>Reverse engineer, decompile, disassemble, or otherwise attempt to discover or directly access the source code or any underlying ideas or algorithms of any portions of the Services or any underlying software or component thereof</li> <li>Access or use for any commercial purposes any part of the Services or any services or materials available through the Services (except on behalf of a Customer for internal business use).</li> <li> Reproduce, display, publicly perform, distribute, or otherwise use the Services or the NEOGOV Content in any manner that is likely to cause confusion among consumers, that disparages or discredits NEOGOV, or that interferes or attempts to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services. </li> <li> Violate the intellectual property rights of NEOGOV or of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, copying or distributing (except through the available sharing functionality) the posts or other content of others without their permission.</li> </ol> <p>Further, you agree not to use the Services:</p> <ol> <li>In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).</li> <li>For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.</li> <li>For the unlawful use of any personally identifiable information of other users of which you may be exposed to.</li> <li>To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.</li> <li> To send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted by you. </li> <li>To respond to any employment opportunity for any reason other than to apply for the job.</li> <li>To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm NEOGOV or users of the Services or expose them to liability.</li> <li>To use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar process, to access, acquire, copy or monitor any portion of the Services or any NEOGOV Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.</li> <li>To attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Services or to any NEOGOV server, or to any of the services offered on or through the Services, by hacking or any other illegitimate means.</li> <li>To scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services.</li> <li>To take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or NEOGOV’s systems or networks, or any systems or networks connected to the Services, or to NEOGOV or interferes with the proper working of the Services.</li> <li>To attack the Services via a denial-of-service attack or a distributed denial-of-service attack including via means of overloading, “flooding,” “mailbombing,” or “crashing,”.</li> <li>To access the Services in order to build, assist, or facilitate the assembly of a competitive product or service, to build a product using similar ideas, features, functions, or graphics of the System, or to copy any ideas, features, functions, or graphics of the Services</li> </ol> <p>If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance. You may not use the Services in a way that would subject NEOGOV to those industry-specific regulations without obtaining NEOGOV’s prior written agreement, such as using the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations).</p> <p>Your level of access should be limited to ensure your access is no more than necessary to perform your legitimate tasks or assigned duties. If you believe you are being granted access that you should not have, you must immediately notify NEOGOV.</p> </li> <li> <p> Monitoring and Enforcement; Termination. You agree that we may monitor the Services to (1) comply with any applicable laws, regulations, or other government requests, (2) operate the Services or to protect our interests and those of our users and members, and (3) for such other purposes as we may deem reasonably necessary or appropriate from time to time. More specifically, we have the right to:</p> <ol> <li>Remove or refuse to post any User Contributions (as defined below) for any or no reason in our sole discretion.</li> <li>Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards set forth below, if we believe that such information could create liability for us, damage our brand or public image, cause us to lose users (in whole or in part), or interfere with the services of our ISPs or other suppliers, or if we believe the User Contribution is abusive, disruptive, offensive, illegal, violates the rights of, or harms or threatens the safety of users or public, infringes any intellectual property right, or violates the law.</li> <li>Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.</li> <li>Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.</li> <li> Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS GOVERNMENTJOBS.COM, INC. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER GOVERNMENTJOBS.COM, INC. OR LAW ENFORCEMENT AUTHORITIES. </li> </ol> Notwithstanding the foregoing, we are not responsible for screening, policing, editing, or monitoring postings and encourage all users to use reasonable discretion and caution in evaluating or reviewing any post. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. </li> <li> <p> Content Standards. These Content Standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: </p> <ol> <li> Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. </li> <li>Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.</li> <li>Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.</li> <li>Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.</li> <li>Be likely to deceive any person.</li> <li>Promote any illegal activity or advocate, promote, or assist any unlawful act.</li> <li>Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.</li> <li> Impersonate any person or misrepresent your identity or affiliation with any person or organization.</li> <li>Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.</li> <li>Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.</li> </ol> <p>In addition, you shall be solely responsible for the legality, accuracy and completeness of all records, data, and information provided, submitted, or uploaded by you in connection with this Terms of Use or use of the Services.</p> </li> <li> <p>User Contributions. The Services may contain message boards, forums, bulletin boards, and job boards, (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) materials or content, including feedback (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. You represent that you have all necessary rights to make a post, and you also acknowledge that we have no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. By providing any User Contribution on the Services, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Services, we do not become a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a posting. Moreover, we assume no responsibility for the deletion of or failure to store any posting and recommends that you do not post, display, or transmit any confidential or sensitive information.</p> <p>We are under no obligation to edit or control User Contributions and will not be in any way responsible or liable for any User Contributions. You understand that when using the Services, you may be exposed to User Contributions of other users and acknowledge that User Contributions may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against NEOGOV with respect to User Contributions. NEOGOV expressly disclaims any and all liability in connection with User Contributions. If notified by a user or content owner that User Contributions allegedly do not conform with these Terms of Use, NEOGOV may investigate the allegation and determine in NEOGOV’s sole discretion whether to remove the User Contributions, which NEOGOV reserves the right to do at any time and without notice.</p> <p>You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NEOGOV, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.</p> </li> <li> <p>Text Message and Email Communications. We may offer you the opportunity to receive text message and email notifications regarding notices, reminders, status updates, support, administrative message and disclosures, or other related human resource related notices from us or our Customers. Communications through these methods may be routed through a third-party service.</p> <p>SMS messages will be sent to you strictly in accordance with your preferences, and only after you have explicitly opted in. If you change your mind at any time, and no longer wish to receive SMS messages, reply to a message with the word “OPTOUT” in all capital letters. Afterwards, should you choose to begin receiving messages again, reply with the word “OPTIN” in all capital letters.</p> <p> Job seekers may also control their receipt of SMS messages through their job seeker Account preferences, by contacting the Customer whom the text message pertains to, or by notifying NEOGOV Support at: <a href="mailto:customersupport@neogov.com">customersupport@neogov.com</a> </p> <p>Should you allow SMS messages sent to you by NEOGOV or NEOGOV Customers, you agree to accept such text messages on your mobile phone including messages sent by automated telephone dialing system. You certify that you are the owner of the mobile phone entered or are authorized to use this mobile phone to receive SMS.</p> <p> You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. The number of messages you receive will vary depending on the number of jobs you applied to, jobs you searched for, or the number Customers you allow to contact you. You may receive a text message confirming your subscription. NEOGOV reserves the right to suspend or terminate your SMS messages for any reason, with or without notifying you. </p> <p>Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. If your mobile number changes, you are responsible for informing the Customer of that change. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.</p> </li> <li> <p>Copyright Infringement. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.</p> <p>If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications through the Service. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.</p> <p>To file a DMCA notice, the copyright owner must send in a written letter by regular mail only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.</p> <p>A DMCA notice must:</p> <ol> <li>Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);</li> <li>Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Service. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;</li> <li>Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);</li> <li>If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);</li> <li>Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;</li> <li>nclude the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;</li> <li>Be signed; and</li> <li> Be sent to our DMCA designated agent at the following address: <p> NEOGOV<br> Attention: DMCA Designated Agent<br> 2120 Park Place, Suite 100<br> El Segundo, California 90245 </p> <p> Or by e-mail: </p> <p>If you are a job seeker, please contact: <a href="mailto:support@GovernmentJobs.com">support@GovernmentJobs.com</a></p> <p>If you are a Customer (an employer), please contact:<br> <a href="mailto:customersupport@GovernmentJobs.com">customersupport@GovernmentJobs.com</a></p> </li> </ol> </li> <li>Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.</li> <li>Changes to the Services. We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.</li> <li>Relay of Content. NEOGOV relays content including but not limited to resumes, cover letters, applications, messages, questionnaire answers, responses, offer letters and other materials. You acknowledge that you are asking NEOGOV to send this content on your behalf. We process, monitor, review, store and analyze such content, for data analysis, security, quality control, enforcement of the Terms of Use, content moderation, and to improve the Services. As a result, or due to technical malfunction, in certain circumstances such content may be delayed or may not be delivered to the intended recipient. NEOGOV may notify you in such an event. By using the Services, you acknowledge that this activity is necessary for maintaining the quality and provisioning of the Services.</li> <li>Linking to the Services and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We may disable all or any social media features and any links at any time without notice in our discretion.</li> <li> <p> Additional Terms for Third-Party Services. The Services may help users to access and connect to third parties offering their services outside of the NEOGOV Services (PowerLine, PowerEngage, etc.) or third parties offering their services integrated with NEOGOV Services (i.e. background check providers and skills assessors). NEOGOV does not perform nor employ individuals to perform these services. You acknowledge that NEOGOV does not supervise, direct, control or monitor such third parties in the performance of these services </p> <ol> <li> Links and Third-Party Content on the Services. If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not control these services and are not responsible for their availability, content, or any malware accessed through them. Your correspondence or any other dealings with third parties found on the Services are solely between you and such third party. Accordingly, we expressly disclaim responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Services, and you agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Services. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You are advised to read all terms and conditions of any third-party service. </li> <li> <p>Specific Third-Party Providers.</p> <p>Background Checks. Some of the Services allow users to use our third-party background check partner’s services to submit an application and background check to a Customer. If you are a job seeker or personnel using the background check services, you authorize NEOGOV to obtain your background check report, including criminal and eviction history, and to share that information with Customers you submit an application to, and agree to the background check companies terms of use or related end user agreement available at the background check companies’ website. If you are personnel or other Customer agent using the background check services on behalf of a Customer, you agree to use the background check reports in compliance with law and agree to the background check companies terms of use or related end user agreement available at the background check companies’ website.</p> </li> </ol> </li> <li> NEGOV is not an employer. You acknowledge that NEOGOV exercises no control over employer human resource practices implemented using the Service or decisions as to employment, promotion, termination, or compensation of any job seeker or personnel. Employers are solely responsible for their postings on the Services. NEOGOV is not to be considered to be an employer with respect to your use of any NEOGOV Service and NEOGOV shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any NEOGOV Service. In addition, employers are responsible for the privacy, collection, use, retention and processing of employer owned data, and providing any and all notices regarding the foregoing, in compliance with all applicable laws. </li> <li> <p>NEOGOV is not a healthcare provider. Through certain the Services, NEOGOV may make certain healthcare services available to you. NEOGOV is not a healthcare provider. NEOGOV’s role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine, expert medical services, and/or emergency medical services. NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers’ acts, omissions or for any content or communications made by them. NEOGOV does not engage in the practice of medicine.</p> <p>The Services do not provide medical advice and do not create a healthcare provider/patient relationship between you and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or Your doctor or other qualified healthcare provider for all medical emergencies. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR INFORMATION THAT YOU MAY OBTAIN THROUGH THE SERVICES.</p> </li> <li> <p> NEOGOV’s Disclaimers. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data </p> <p>NEOGOV SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR OTHER CONSEQUENCES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF DELAY IN OR INABILITY TO DELIVER ANY SERVICES DUE TO CIRCUMSTANCES OR EVENTS BEYOND NEOGOV’s REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: (A) ACTS OF GOD; (B) CHANGES IN OR IN THE INTERPRETATION OF ANY LAW, RULE, REGULATION, OR ORDINANCE; (C) STRIKES, LOCKOUTS, OR OTHER LABOR PROBLEMS; (D) TRANSPORTATION DELAYS; (E) UNAVAILABILITY OF SUPPLIES OR MATERIALS; (F) FIRE OR EXPLOSION; (G) RIOT, MILITARY ACTION, OR USURPED POWER; OR (H) ACTIONS OR FAILURES TO ACT ON THE PART OF A GOVERNMENTAL AUTHORITY</p> <p>NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SERVICES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.</p> <p>YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEOGOV NOR ANY PERSON ASSOCIATED WITH NEOGOV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER NEOGOV NOR ANYONE ASSOCIATED WITH NEOGOV REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.</p> <p>TO THE FULLEST EXTENT PROVIDED BY LAW, NEOGOV HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p> </li> <li> <p> Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOGOV, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE SERVICES, UNDER ANY CIRCUMSTANCE, CAUSE OF ACTION OR THEORY OF LIABILITY, OR DUE TO ANY EVENT WHATSOEVER, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, LOSS OF DATA, EVEN IF FORESEEABLE OR NEOGOV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.</p> <p>WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF NEOGOV’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF NEOGOV, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS.</p> <p>THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.</p> </li> <li>Indemnification. To the extent permitted by law, You agree to defend, indemnify, and hold harmless NEOGOV, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.</li> <li>General. Unless otherwise stipulated, the Terms of Use, Privacy Policy, and documents incorporated herein constitute the sole and entire agreement between you and NEOGOV regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. You may not assign any part of this Terms of Use without NEOGOV’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.</li> <li>Waiver and Severability. No waiver by NEOGOV of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NEOGOV to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.</li> <li> <p>E-Signatures.</p> <ol type="a"> <li>E-Signature Provisioning & Consent. NEOGOV E-Forms and other electronically signed services (“E-Signatures”) are provided by NEOGOV for two counterparties (generally a government employer (the “sending party”) subscribing to NEOGOV Services and personnel or job seekers) to electronically sign documents. If you use E-Signatures offered by NEOGOV, you agree to the statements set forth in this Section. Whenever you sign a document using E-Signatures you affirmatively consent to using electronic signatures via the E-Signatures and consent to conducting electronic business transactions. You also confirm that you are able to access the E-Signatures and the document you are signing electronically. When using E-Signatures for a document, your consent applies only to the matter(s) covered by that particular document.</li> <li>Right to Opt-Out of E-Signatures. You are not required to use E-Signatures or accept electronic documents provided thereby. If you are a job seeker or personnel and you choose to not use E-Signatures, you may still sign the document manually by notifying the sending party that you are choosing to do so and by obtaining a non-electronic copy of the document. NEOGOV assumes no responsibility for providing you with a non-electronic version of the document. In the event you are choosing to sign the document manually, do not use E-Signatures to sign the document or to return the document to the sending party.</li> <li>Electronic Download. If you have signed a document electronically using E-Signatures and transmitted it back to the sending party, NEOGOV provides the opportunity to download and print a paper copy of the document at no charge. If you later withdraw your consent to using E-Signatures, please notify the sending party and stop using E-Signatures. Note that the decision to stop using E-Signatures after you have already used it does not change the legality of the documents you have previously signed using an electronic signature.</li> <li>E-Signature Validity. PLEASE NOTE THAT NEOGOV’S STATEMENTS CONTAINED HEREIN OR ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE SIGNATURE LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED ARE FOR INFORMATIONAL PURPOSES ONLY; THEY SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. UNDER FEDERAL AND STATE LAWS GOVERNING ELECTRONIC SIGNATURES, ELECTRONIC SIGNATURES ON CERTAIN TYPES OF AGREEMENTS ARE NOT ENFORCEABLE. NEOGOV HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING THAT DOCUMENTS ELECTRONICALLY SIGNED THROUGH E-SIGNATURES ARE VALID OR ENFORCEABLE UNDER THE LAWS OF THE UNITED STATES OF AMERICA, ANY PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU SHOULD CONSULT WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF ANY DOCUMENT YOU MAY SIGN ELECTRONICALLY USING NEOGOV’S E-SIGNATURES.</li> </ol> </li> <li> <p>Your Comments and Concerns.</p> <p>This website is operated by Governmentjobs.com, Inc. with offices at 2120 Park Place, Suite 100, El Segundo, CA 90245.</p> <p>For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please contact using the following:</p> <p>If you are a Job Seeker, please contact: <a href="mailto:support@GovernmentJobs.com">support@GovernmentJobs.com</a></p> <p>If you are a Customer (an employer), please contact: <a href="mailto:customersupport@GovernmentJobs.com">customersupport@GovernmentJobs.com</a></p> </li> </ol> </div> </div> <form data-bind="submit: acceptTermsAndPrivacyPolicy"> <div class="checkbox-set css3-checkbox row"> <span class="labelled-input" data-bind="css: { 'validation-error': hasAcceptedTerms.hasError }"> <input aria-labelledby="terms-accept" aria-required="true" id="accept-terms" type="checkbox" value="0" data-bind=" checked: hasAcceptedTerms, validationMessage: { field: hasAcceptedTerms, validationMessageId: 'accept-terms-field-error-message' }"> <label for="accept-terms" id="terms-accept"> I accept the Privacy Policy and Terms of Use. (<span class="required">required</span>) </label> </span>   </div> <div class="btn-container"> <button id="decline-button" data-bind="click: declineTermsAndPrivacyPolicy" class="btn btn-large btn-primary btn-app-secondary"> Decline </button> <button id="accept-button" type="submit" data-bind="busy: isBusy" class="btn btn-large btn-primary btn-app-primary"> Confirm </button> </div> </form> </div> </div> <script src="/bundles/onlineApplicationGuideScripts?v=x9lpBfqFG-LpaBW8DDbPfWVjdiK8dZcolXZzmdNqSyc1"></script> <script type="text/javascript"> if (namespace('AgencyPages').Ios8Detector.IsIos8()) { var ios8Styles = $("<link type='text/css' rel='stylesheet' media='all' href='/vendor/agencypatternlibrary/styles/styles/ios8.less'>"); $('head').append(ios8Styles); } </script> <![endif]> <script> if (namespace('gJobs').browserDetector.isIE()) { namespace('gJobs').externalFileLoader.load('/Scripts/Services/PageTabNavigationService.js'); } </script>  <style> body { visibility: visible !important; } </style> <script src="//jsv3.recruitics.com/partner/faefc615-d37d-11e7-b7f1-1d503d7533d2.js"></script> </body> </html>

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