A. Terms of Service for Job Seekers

 

 

1. Job Listings

DVNF, which is free to those individuals searching for employment openings (“Job Seekers”), may make available employment opportunities and other job-related content, including links to third-party websites “Job Listings”, through DVNF’s search results or otherwise through the Site. Searching for Job listings on DVNF is free for Job Seekers. Job listings are created and provided by third parties over whom DVNF exercises no control; you acknowledge and understand that DVNF has no control over the content of Job listings, links to or from Job listings, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although DVNF endeavors not to make such Job listings available on the Site. If you leave the DVNF Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Employer websites may have conversion trackers or other functionality provided by DVNF, which informs us that an application has been completed on an Employer site. An Employer who installs such functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that DVNF has no control over such an Employer or its website. You agree to DVNF’s use of, and receipt of information from, any such conversion tracker functionality. Some Job listings contained on, or linked from, the Site are indexed or posted in an automated manner. DVNF has no obligation to screen any Job listings, or to include any Job listings in its search results or other listings, and may exclude or remove any Job listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job listing or other information submitted by any Employer or other user, including the identity of such Employer or other user. DVNF assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job listing, Company Pages, screener questions and responses, and assessments. Additionally, DVNF may provide search options to narrow down Job listings search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by DVNF, and may not directly or accurately reflect the content of the Job listing. DVNF may reformat Job Listings so that you may read them more clearly on a mobile phone. DVNF may in some circumstances be compensated by employers who post Job listings, helping keep DVNF job search free for Job Seekers. DVNF displays Job listings based on a combination of employer information and relevance, such as search terms, and other information provided and activities conducted on DVNF. You are not permitted to use DVNF’s Site or its content other than for non-commercial purposes. For purposes of this Section A of the DVNF General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. DVNF may provide functionality to call a telephone number contained in a Job listing using the phone app on a mobile device. DVNF cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job listing you are viewing.

2. Applying to Jobs Through DVNF

DVNF does not have control over the Employer’s use or disclosure of the information that you provide to the employer, including resume, application, responses and assessments. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. (All references on the Site to “Apply for Job”, “Easily Apply”, “Apply Now”, “Simple Apply”, “Apply from your phone”, “Apply with DVNF”, “RSVP to hiring event” or any similar references mean “DVNF Apply”. DVNF may use your application materials to determine whether you may be interested in a Job Listing, and DVNF may reach out to you about such Job Listing. DVNF may store such information regardless of whether a Job Listing has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, DVNF in its sole discretion may impose limits on your ability to apply to Job Listings or to other DVNF services. In addition, when you indicate your interest in a Job Listing through DVNF Apply or by RSVPing to a hiring event you are sending your resume and application information to DVNF, and you are requesting and authorizing DVNF to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask DVNF to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via DVNF Apply or DVNF’s relay system, or store such application, you understand that this is without warranty, and that DVNF reserves the right to reformat such application or message.

You acknowledge and agree that Employers may request that DVNF assemble your application materials, resume, answers to screener questions, assessment responses and other information you provide to DVNF into one document, and you agree that in doing so, DVNF assembles these application materials on your behalf. When you apply for a job on DVNF you agree to DVNF’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through DVNF being processed and analyzed by DVNF according to this Agreement and DVNF’s Privacy Policy.

When you apply to a job using DVNF Apply, DVNF will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. DVNF also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. However, DVNF may alert you when any of the above events occur. Please note that Job listings may expire between the time you submit your application and from the time it is received. DVNF has no responsibility for expired Job listings or for delivering applications prior to a Job listing’s expiration. In addition we cannot vouch for the validity of the contact information provided to us by Employers. We also cannot vouch for the technical capabilities of any third party sites, including but not limited to Applicant Tracking Systems (ATSs). If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored on DVNF, do not use the DVNF Apply or DVNF relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through DVNF. By using the DVNF Apply system, you fully consent to the above.

If you require alternative methods of screening or application you must approach the Employer directly to request such as DVNF is not responsible for the Employer application process.

By using DVNF, you agree that DVNF is not responsible for the content of the Employer’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that DVNF does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that DVNF does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. DVNF cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. DVNF may inform Job Seekers that an Employer’s requirement from a job description does not appear to be present on a resume or application; this information is presented without warranty and DVNF does not guarantee that updating a resume or application will result in any job offer. DVNF does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. DVNF cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. DVNF recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or a similar institution. DVNF does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.

When you search for jobs on the DVNF Job Search site and proceed to apply for a job, including jobs on third party sites, it is your responsibility to review suggestions before accepting them and including them on your application. 

3. Communications and Other Actions on the Site

When you view, send, store or receive materials (including Job Listings, resumes, messages, applications, questions and responses in applications, and any other information) through or using the Site, DVNF may, for example, use such materials for data analysis, quality control, or to refine the Site or any other DVNF product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. 

DVNF may enable chatbots, which allows you to take certain actions on the Site, such as apply to a job, schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. DVNF is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) the Chatbot or from the information you submit via the Chatbot.

DVNF reserves the right to turn on or enable DVNF Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that DVNF Chat or other communication options are available for a particular job or Employer. For DVNF Chat, you may access or view your messages by visiting your DVNF Chat messages dashboard. DVNF may, in its sole discretion, turn off or disable DVNF Chat for any Employer or Job Seeker at any time without prior notice. Please note that if you are using DVNF Chat to communicate with an Employer, DVNF will deliver your messages as instructed by the Employer.

5. Virtual Communications

Employers may offer you the opportunity to participate in virtual and remote communications, including but not limited to, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that DVNF is not a telecommunications service provider and that DVNF is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. DVNF does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. DVNF is not liable for any claims arising out of your use of Virtual Interviews and you release DVNF from any such claims.

You understand that DVNF does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.

YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT DVNF IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. DVNF ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT DVNF DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

7. Salary, Career, Hiring and Other Information Provided by DVNF

DVNF may provide some information and content to users for informational purposes only. For example, DVNF may provide you with data regarding estimated salaries for a given Job Listing, or number of applies to a Job Listing. This information provided by DVNF is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. DVNF may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to DVNF, including from DVNF affiliates. These figures are given to DVNF users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.

Similarly, career-related or hiring-related information provided by DVNF is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that DVNF may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, DVNF is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, or assurance of being hired, and you take full responsibility for use of these services or guides. As a user of the Site, DVNF may, from time to time, send you emails from the career or hiring guides as part of its services to you. These emails may include but not be limited to, tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, and how to prepare for a new job after you have been hired.

DVNF may offer, as part of the Services, links to websites for you to engage with third parties, to help you create a resume and LinkedIn profile, Get Extra In-demand skills to stand out, tips to nail your interview. Regardless of how you interact with them, you acknowledge that these third parties are not employees of DVNF and that DVNF is not responsible for the content of any such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. DVNF does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, DVNF will have no liability arising from any discussion you have with such a third party.

8. Your Job Seeker Data

As a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and DVNF knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on DVNF, information you provide directly to DVNF including desired salary or past experience, or any of your other behavior on the Site. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an DVNF account or an DVNF Resume, you agree that DVNF may associate this data with your DVNF Profile and use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on DVNF. You also agree that DVNF may contact you based on this observed behavior on behalf of Employers or DVNF itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, DVNF may publicly display the fact that you have recently used the DVNF Site to correspond with a third party. In addition, if you set your Resume to public, this means that DVNF may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set your Resume to private.

10. Governing Law and Dispute Resolution

This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Lanham, MD, if you are located in the United States, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Lanham, MD,U.S.A.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

11. Class Action Waiver

By using the Site and in return for the services offered by DVNF, you acknowledge that DVNF can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue DVNF as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against DVNF regarding your use of the Site. Additionally, as a Job Seeker, your use of job search on the Site is at no charge and you acknowledge that while using this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 10 above.

 

B. Terms of Service for Employers

 

 

The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the DVNF General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.

1. Employer Accounts

When you create an DVNF account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings”) on the Site, whether as part of the DVNF National Job Board or otherwise, you agree that this Agreement, the terms associated with any DVNF service you are using, and all of DVNF’s policies, including the DVNF Privacy Policy and Cookie Policy, apply to you. 

As an Employer, your account is for business use and not for personal use. DVNF is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an DVNF account, you agree to receive mandatory email updates regarding anomalous activity to your DVNF account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

If you create an account through the “Employer Account Registration Process”, you represent to DVNF that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless DVNF from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that DVNF assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Employers Account, any users may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Employers Account, resume contacts, , and you consent to such access.

2. Employer Services Including DVNF Apply and Screener Questions

You also agree that, as a service to Job Seekers, DVNF may activate its DVNF Apply relay function for use in connection with your Job Listings, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through DVNF Apply, and that DVNF will send applications to the email address you provide us with. You also agree that DVNF may activate a chat bot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use DVNF candidate management tools, including but not limited to your Employer Dashboard, or by activating the DVNF Apply relay function for your Job Listings, you acknowledge and agree that DVNF may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that by using such candidate management tools, you are instructing DVNF to assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information you provide to DVNF into one document. You further agree that DVNF is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention requirements. By using these tools, you are providing information to DVNF and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to any information shared through DVNF being processed and analyzed by DVNF according to this Agreement and DVNF’s Privacy Policy. DVNF may store such information regardless of whether a job vacancy has been filled.

You are responsible for the contents of your emails, application form, screener questions or their format, any Job Listings that you post, and any messages that you send through DVNF Apply or otherwise, and agree that DVNF is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that DVNF may reject or remove any Job Listing, or any questions for Job Seekers for any or no reason. DVNF further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable. When using the DVNF Apply for Job button, DVNF will redirect you to the website of the source, DVNF has no ability to verify the contact information provided in the source or by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify DVNF for any damages resulting therefrom.

When you use the DVNF Apply for Job relay function for your Job Listings, you acknowledge and agree that DVNF may add functions into the corresponding DVNF Apply emails. In addition, DVNF may, on your behalf, send out reminder emails to Job Seekers you wish to interview. DVNF may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct DVNF to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your candidate dashboard. You further acknowledge that DVNF has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use DVNF’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected”. If you choose such option, you acknowledge that DVNF has no discretion in the transmission or storage of rejection notices.

You agree that DVNF may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. DVNF does not verify the identity of any Job Seekers who apply to your job listing, nor does DVNF know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that DVNF Apply and DVNF’s relay functions are presented to you without warranty and DVNF assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.

You shall indemnify, defend and hold harmless DVNF, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). DVNF may make Job Ad analytics data available on the Job Board or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at DVNF’s discretion. 

When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, DVNF may, for example, use such materials for data analysis, quality control, or to refine the Site or any other DVNF product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, DVNF may inform a Job Seeker that you have taken an action, for example, with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to DVNF taking such actions.

3. Salary, Applies or Other Information Provided by DVNF

DVNF may provide some information and content to users for informational purposes only. For example, DVNF may provide Job Seekers with data regarding estimated salaries for a given Job Listing, or provide you with estimated applies to your Job Listing. All such figures provided by DVNF are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. DVNF may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to DVNF, including from DVNF affiliates. These figures are given to DVNF users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Such figures are provided for informational purposes only, are subject to change at any time, and DVNF does not guarantee their accuracy. DVNF reserves the right to change the method of measuring such figures at any time.

4. Communication through DVNF

You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site DVNF Apply, DVNF Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a job seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through DVNF. DVNF may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. DVNF disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

Specifically, if you post a Job Listing directly on DVNF, applications are sent only to your DVNF dashboard; any other notifications you may receive are provided solely as a courtesy to you. 

5. Class Action Waiver

By using the Site and in return for the services offered by DVNF, you acknowledge that DVNF can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue DVNF as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against DVNF regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.

 

 

D. Terms of Service for All Users

 

 

The following terms and conditions apply to all Job Seekers, Employers, and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. For purposes of this Section D of the DVNF General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in any capacity.

1. Accessing External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that DVNF is not responsible or liable for any such third parties or for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

In addition, DVNF may provide you with links to third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not DVNF.

For example, DVNF may provide you with access to a link on DVNF to “Employer Guide to Hire Veterans” document offered and performed by a third party. If you choose to use this link and these services, you are contracting directly with the Third-Party Background Check Service, and DVNF is not a party to this contract. Please note (and you acknowledge) that DVNF cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate or store any information provided by any Third-Party Background Check Service to you or to any other DVNF user. Further, you agree to fully indemnify and defend DVNF for any claims arising out of your use of a Third-Party Background Check Service’s services or a background check provided to you by a Third-Party Background Check Service.

Pages on the Site may embed content and information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy. Information on Company Pages includes publicly available information and/or information provided by the respective company and/or may come from third parties. For example, data about companies located in Japan may come from Toyo Keizai Shinpo Inc.

Please note that while this Agreement describes DVNF’s services generally, services may differ by availability, and you should check the Site in your location to see which services are available to you. For example, while some parts of this Agreement describe matching services, DVNF does not offer any matching services in Japan.

2. Using our Site

Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. DVNF reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase DVNF services that utilize the Site, you must have a prior written agreement with DVNF to do so, or have accepted DVNF’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

3. User Content

Some parts of the Site, such as message boards and forums or job posting pages, may allow users to post content like Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to DVNF, including where it is stated that such materials may be posted on the Site or a third party website, are referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, to let users know of jobs, to provide information about potential job candidates, and facilitate other communication. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. DVNF does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of DVNF job search results pages may appear to be content produced by DVNF, but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that DVNF shall have no liability with respect to such content.

You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements (other than Job Advertisements permitted by this Agreement), solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. DVNF may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. DVNF reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.

Although DVNF has no obligation to do so, DVNF may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in DVNF’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message (other than Job Advertisements permitted by this Agreement), or that DVNF deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact DVNF immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that DVNF does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any DVNF policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on DVNF, will always remain within the sole discretion of DVNF. You agree that DVNF has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that DVNF is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content in its search results or other listings, and may exclude or remove any User Content from publication for any or no reason.

DVNF reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that DVNF may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. When you post on DVNF confidentially or otherwise (e.g. anonymous Company Reviews or a confidential Job Ad), your identity may be discoverable by legal request, including, but not limited to, requests from the government or law enforcement.

Without limiting the generality of the foregoing, DVNF reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.

Please note: Section 230 of the U.S. Communications Decency Act provides that:

(1) Treatment of publisher or speaker

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

(2) Civil liability

No provider or user of an interactive computer service shall be held liable on account of-

(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or

(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

4. License to User Content and Feedback

Only to the extent permitted by law, you grant DVNF a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the DVNF website or its publishers, maintaining the DVNF website and promoting DVNF and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with DVNF’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, DVNF’s exercise of these rights, you hereby waive any and all rights to such compensation.

Furthermore, you grant to DVNF, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any DVNF marketing materials containing or incorporating such User Content, or (iii) any actions by DVNF to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party internet search engines.

You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless DVNF and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow DVNF to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact DVNF for more details.

At your discretion, you may provide feedback and related materials to DVNF concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to DVNF a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that DVNF may disclose any or all Feedback to any third party in any manner, and you agree that DVNF may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place DVNF under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, DVNF does not waive any rights to use similar or related ideas previously known to DVNF, or developed by its employees, or obtained from sources other than you.

5. Rules for Using Our Site

You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by DVNF, unless you have been specifically allowed to do so in a separate, written agreement with DVNF. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with DVNF, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your DVNF account and ability to use the Site. You agree that you are solely responsible for (and that DVNF has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which DVNF may suffer) of any such breach.

You agree that you shall not transmit to DVNF or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:

  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
    • sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
    • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    • data mining the Site or any content, service, or property provided by DVNF “DVNF Property”;
    • sending messages to users who have asked not to be contacted;
    • selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
    • using DVNF Resume contacts in violation of DVNF policy, as determined by DVNF, including, for example, as indicated by low response rates from those persons contacted.
  • Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. DVNF may block the transmission of such content.
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
  • Conduct or forward pyramid schemes or similar programs.
  • Transmit content that may be harmful to minors.
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
  • Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from DVNF.
  • Violate the legal rights (such as rights of privacy and publicity) of others.
  • Promote or encourage illegal activity.
  • Interfere with other DVNF users’ enjoyment of the Site.
  • Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
  • Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any DVNF account.
  • Modify, adapt, translate, or reverse engineer any portion of the Site.
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
  • Reformat or frame any portion of the web pages that are part of the Site without DVNF’s explicit written permission.
  • Contact other DVNF users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics DVNF considers detrimental to its users.
  • Create multiple DVNF accounts without permission.
  • Create multiple DVNF accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
  • Bypass any limitations or suspensions of functionality.
  • Provide false information.
  • Scrape the DVNF Resume database
  • Scrape or otherwise replicate any DVNF content for competitive purposes
  • Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job listings.

DVNF reserves the right to use any User Content (including the content of messages or material sent through or to the Site or DVNF) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. DVNF reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to DVNF enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to DVNF’s message relay, or of your use of any other functions of the Site, with or without notice. DVNF shall not be responsible or liable for any such suspension or termination, including any consequences thereof.

We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that DVNF suspects to be malicious or spam, or for any or no reason. DVNF further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming DVNF or its users, or otherwise conducting fraudulent activity on DVNF by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to DVNF. DVNF reserves the right to turn over any information gathered via such investigations to the police or other third party if DVNF has a good faith belief that you are using the Site in violation of these terms.

You may not use the Site, or otherwise exchange services or money with DVNF, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, DVNF may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.

6. Registering with and Contacting DVNF

Some areas of the Site, including areas that may permit you to set up an DVNF account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your DVNF account may receive access to information regarding your DVNF account. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. DVNF encourages you to enable two-factor authentication on your account. If you do not enable two-factor authentication on your account, please be aware that you are proceeding at your own risk.

You agree that DVNF may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your DVNF account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to DVNF or that DVNF may otherwise obtain from third-party sources. By providing DVNF with a mobile phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly consent to receiving communication via such mobile number. When you give DVNF a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for. To revoke consent at any time, reply to the text with STOP or fill out the contact DVNF form. For clarity, you agree and understand that texting STOP in response to an DVNF SMS alert will unsubscribe you from DVNF SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed, such as Text2Apply and Hiring Events. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. You may also revoke your consent by terminating the Agreement through closing your DVNF account. By enabling two step verification, you verify that you are the owner of the phone number you provided.

7. Disclaimers of Warranties

DVNF disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the DVNF search results (including Jobs Listings) or otherwise made available on the Site by DVNF or third parties (including User Content), regardless of whether paid for or used for free. DVNF disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by DVNF for informational purposes only, including but not limited to, DVNF Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying DVNF for the aforementioned information. DVNF disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). DVNF further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall DVNF be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall DVNF be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from DVNF’s Site.

DVNF further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by DVNF as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will DVNF be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.

THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. DVNF AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DVNF AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. DVNF AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY DVNF.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

8. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL DVNF OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF DVNF OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF DVNF AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID DVNF TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall DVNF or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of DVNF.

9. Claims of Infringement

U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by DVNF infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow DVNF to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send DVNF a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to DVNF Copyright Notice, 4601 FORBES BLVD #130, LANHAM, MD 20706 or to our email communication@dvnf.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.

Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.

10. Governing Law and Dispute Resolution

If you are neither a Job Seeker nor an Employer as defined in this Agreement and are not using the Site as intended by DVNF, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of MD, U.S.A.

11. Severability and Reformation

Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

12. Filtering for Minors

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that DVNF does not endorse any of the products or services listed on such sites.

13. Use of Site by Minors

The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for DVNF to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age. In all jurisdictions outside the European Union, if you are under the age of 18 or the age of majority in your jurisdiction, you must use DVNF under the supervision of your parent, legal guardian or responsible adult. DVNF adopts a range of measures to try to ensure that we do not accept individuals who do not meet the minimum age and any other applicable age requirements. If you do not satisfy these age requirements, please email privacy-dept @ DVNF.com (remove spaces when sending email).

14. Using e-Signature

Some pages on the Site may offer an e-signature option, which is powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you’re signing, and your e-signature will have the same force and effect as a manual signature. DVNF disclaims all warranties associated with e-signatures, including any errors associated with the software or the validity of the signature. DVNF is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.

15. Beta Products

DVNF may offer beta test products or features on our Site. You will know that a product or feature is offered on a beta or test basis because the product name or feature will state that it is offered on a beta or test basis or the name will include the word “beta.” These beta test products or features may be offered in limited quantities, in limited locations, and for a limited time. DVNF may discontinue or cancel all or part of a beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING MATERIALS. If you have been invited to test a beta product or feature, you agree that, unless otherwise specifically provided herein or agreed by DVNF in writing, any beta product or feature and any documentation provided corresponding with a beta product or feature constitute confidential proprietary information of DVNF. You shall permit only authorized users, who possess rightfully obtained access to any beta product or functionality, access to the beta product or functionality or any corresponding documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of DVNF.

16. Questions or Complaints

If you have a question or complaint regarding the Site, please use our DVNF Contact Us form.

17. Miscellaneous

This Agreement (including any other section of this Agreement like the DVNF listings) constitutes the entire agreement between the parties with respect to the subject matter hereof, including any and all provisions applicable to the parties, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by DVNF. This Agreement, together with any amendments and any additional agreements you may enter into with DVNF in connection with the Site, shall constitute the entire agreement between you and DVNF concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an DVNF employee shall not constitute an amendment or alteration of this Agreement.

By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using DVNF. If (a), (b), or (c) applies to you, you may not use the Site or Services, and DVNF may terminate this Agreement and your access to the Site and Services without any further obligations to you whatsoever. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of DVNF’s proprietary rights in them.

You understand and acknowledge that DVNF or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. DVNF reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.

In the event of any irreconcilable conflict between these DVNF General Terms of Service and the DVNF listings Terms, DVNF Resume Program Terms, Seen by DVNF Terms, or other subset of terms as applicable to you will govern with respect to the DVNF listings Program or other subset of terms as applicable to you, respectively, and these DVNF General Terms of Service will otherwise govern.

Any waiver of any provision of this Agreement will be effective only if in writing and signed by DVNF. This Agreement, together with any amendments and any additional agreements you may enter into with DVNF in connection with the Site, shall constitute the entire agreement between you and DVNF concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an DVNF employee shall not constitute an amendment or alteration of this Agreement.

Any notices to DVNF must be sent to the applicable DVNF entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted.

You may not assign or delegate any of your rights or obligations hereunder without DVNF’s prior written consent and any such attempt is void. DVNF may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, DVNF may assign any agreement between you and DVNF to any related DVNF entity by informing you of such assignment. DVNF and you are not in a legal partnership, agency relationship, or employment relationship. When DVNF provides the Site or any related services to you, DVNF does so solely in its capacity as a service provider.

 

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