This Agreement applies to two types of users. The term "Job Seeker" means a user who is a candidate, applicant, employee, job seeker, etc. The term "Employer" means a user who is a representative of an employer, company, job provider, etc. Different data will be collected from the two types of users. The term "User" or "you" means either a Job Seeker or an Employer.
Only individuals seeking employment or career information and employers seeking employees may use the resume upload, job posting, resume database ("Resume Database") and other features of the Site. In addition, if you have any other contracts with RKA and there is a conflict between the terms of those contracts and this Agreement, the terms of the other contracts will prevail.
You may not use this Site if you are younger than 13 years of age. If you are at least 13 years of age but not yet 18 years of age (or whatever the age of majority is as defined in your jurisdiction), you may only use the Site under the supervision of your parent or guardian.
A "post" to this Site is any information you submit, publish, or display on the Site.
We will not treat information that you post to areas of this Site that are viewable by others (for example, to the forum, public resumes or job postings) as proprietary, private, or confidential. We have no obligation to monitor posts to this Site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, it not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation, information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export laws.
The following uses are expressly prohibited:
This list of prohibitions is not an exhaustive list. At any time, with or without notice and with or without cause, for any reason or no reason, if RKA determines, in its sole discretion, that any of your actions are inappropriate or disruptive, RKA reserves the right to terminate access to your account, to terminate your ability to post to the Site, and to refuse, delete, or remove any User Content. RKA also reserves the right to remove any User Content for any reason at its own discretion.
RKA shall investigate actions, which may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of users who are involved in such violations. These violations may result in civil and/or criminal liability.
You shall be solely responsible for the use of your RKA account. You shall protect the confidentiality of your username and password. You shall not share these logon credentials with anyone else (even temporarily) and, if you have reason to believe that someone has gained unauthorized access through your credentials, you shall contact RKA immediately.
Since RKA offers non-tangible irrevocable services, we do not issue refunds once the order is accomplished and a job is posted to the website. As a customer you are responsible for understanding this upon purchasing our services. However, we realize that exceptional circumstance can take place. Technology being what it is, however, there may be instances where, at no fault of either of us, a job does not properly post. In this case we recommend contacting us for assistance to investigate the cause and get the job listing posted as quickly as possible; if we are unable to do so, we may, in our sole discretion, issue a refund. Please note that we do not bear any responsibility and therefore we do not satisfy any refund requests based on unavailability of applicants for any job posted. We do not guarantee placement of employee candidates for any job listing.
This Site is not a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. § 230, and, as such, our liability for defamation and other claims arising out of any postings to this Site by third parties is limited as described therein. We are not responsible for content or any other information posted to this Site by third parties. We neither warrant the accuracy of such postings nor exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
You may acquire products, services, and/or content from this Site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright and other intellectual property in the content of this Site is owned by us and/or third-parties with whom we have licensing agreements. Except for the limited rights granted herein, all other rights are reserved.
RKA is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Site. RKA also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content (collectively "Content") that may be found on the Site. This intellectual property of RKA and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in this Agreement are reserved by RKA.
You may access the Site to download and print a single copy of the Content for your own non-commercial, personal use. However, you must preserve all copyright, trademark, service mark, and other proprietary notices contained in any Content of which you make a copy. You shall not copy or adapt any code that RKA creates for the generation or display of the Site; this code is protected under copyright law.
You shall not reproduce, display, publicly perform, distribute or other use the Content for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of RKA’s or its licensors’ property, or that otherwise infringes RKA’s or its licensors’ intellectual property rights. You shall not sell or modify the Content or use the Content in any other application, web site, or in a networked computer environment for any purpose. Furthermore, you shall in no other way the Content (permitted uses are described in this Agreement).
This Site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). As required by the DMCA, this Site maintains specific contact information provided below, including an e-mail address, for notification of claimed infringement regarding materials posted to this Site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
You may contact our agent for notice of claimed infringement, specified above, with complaints regarding allegedly infringing posted material and we will investigate these complaints. It the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of the claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owners, or its agents, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Except as may be provided in any separate written agreements signed by the parties, the services, content, and/or products on this site are provided "as-is," and neither we nor any of our licensors make any representation or warranty with respect to such products, services, and/or content. Except as may be provided in any separate written agreement signed by the parties or separate agreement originating from this site, including but not limited to, implied warranties of merchantibility, completeness, timeliness, correctness, non-infringement, or fitness for any particular purpose. This site and its licensors do not represent or warrant that this site, its products, services, and/or content: (1) will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (2) will meet your requirements or expectations, or (3) will be free of viruses or other harmful components. These disclaimers constitute an essential part of this agreement. No purchase or use of the items offered by this site is authorized hereunder except under these disclaimers. If implied warranties may not be disclaimed under applicable law, then any implied warranties are limited in duration to the period required by applicable law. Some states or jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.
RKA does not guarantee the truthfulness, completeness, accuracy, or reliability of any content posted by or communicated in any way by either Employers or Job Seekers. Your use of or reliance on any such information is at your own risk.
RKA may provide training materials including but not limited to interview tapes and career advice. RKA does not guarantee the completeness or accuracy of such training materials. Your use of or reliance on any such training materials is at your own risk.
In no event will this site and/or its licensors be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use of other economic advantage) arising out of, or in any way connected with this site, its products, services, and/or content, any interruption, inaccuracy, error or omission, regardless of cause, even if this site or our licensors have been previously advised of the possibility of such damages.
If your jurisdiction does not allow for the exclusion of limitation of liability for consequential or incidental damages, the maximum liability arising out of or in connection with this site will be limited to u.s. $200 in the aggregate.
RKA shall not be held responsible for content posted by Users nor for the activities, omissions, and conduct of Users. RKA has no duty to screen information in advance and is not responsible for screening or monitoring User Content. If RKA is notified of possible violations to this Agreement, RKA may investigate the allegation and, in its sole discretion, determine whether the to remove or request the removal of the offending content. RKA may take any action it deems necessary or appropriate in response to a violation of this Agreement.
You shall assume all risks associated with dealing with strangers, underage persons, or people acting under false pretenses. It is possible that the content posted by other users may be offensive, harmful, or inaccurate. You are responsible for using caution and good judgment when using the Site.
If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with debtor."
RKA merely provides a network to make connections between employers and job seekers. RKA is not responsible for any disputes of any nature that may occur between Employers and Job Seekers. Employers and Job Seekers shall be solely responsible for handling any disputes that may occur between them.
RKA shall take all reasonable, industry-standard measures to ensure your data is protected from loss, corruption, or destruction. However, in the unlikely event that your data is lost, corrupted, or destroyed, RKA shall have no responsibility or liability for such loss, corruption, or destruction. It is the User's responsibility to make backup copies of User data to ensure against such loss, corruption, or destruction.
Because both employers and job seekers may gather information from each other, an employer may retain a cached copy of job seeker information and, likewise, a job seeker may retain a cached copy of employer information even after such information has been deleted from the Website. RKA has no control over how such information is used after it has been removed from the Website.
In addition, third parties may download User Information and may, therefore, have cached copies of the User Information over which RKA has no control. RKA may offer third party services and products to User based on User's preferences as gleaned from the registration process or thereafter.
You shall indemnify and hold RKA harmless from all claims or cause of actions, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) occurring from or related to the use or misuse of the Site, violation of this Agreement, or violations of any rights of a third party, or allegations thereof. This indemnification extends to all of RKA's agents, affiliated companies, employees, contractors, directors, and officers, as well as anyone involved in creating or providing services to RKA. RKA may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you shall cooperate in asserting any available defenses.
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this Site. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, is solely between you and each such advertiser.
If this Site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this Site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code § 1789.3. All correspondence should be addressed to our agent for notice at the following address:
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Orlando, Florida, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to $1000.00.
The courts of Seminole County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
This Agreement will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
This Site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents is illegal is not authorized.
Any personal information which we may collect on this Site will be stored and processed on our servers located only in the United States. If you reside outside the United States, you consent to the transfer of your personal information outside your country of residence to the United States.
If any provision of these terms is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms, and these terms will continue in full force and effect, and be construed and enforced, as if such provisions had not been included, or had been modified as above provided, as the case may be.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
RKA expressly reserves the right to change the pricing of its Services at any time and for any reason, without prior notice to you.
RKA welcomes your feedback with regard to the Site and our Services. However, RKA shall not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested ("Submissions"). If you submit these Submissions regardless of this stated policy, the Submissions will automatically become the property of RKA. None of the Submissions will be subject to any obligation of confidentiality and we shall not be liable for its disclosure or use. RKA will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Job Seekers are solely responsible for their postings on the Site. Employer's use of the Site is at Employer's own risk. RKA shall not be responsible for any employment decisions, for whatever reason, made by Employer with regard to any Job Seeker who posts profiles and resumes on the Site. RKA does not make any representations regarding the accuracy or validity of any job seeker-supplied information or for any works RKA derives from the job seeker profiles.
If you cancel your employer account or your employer account is terminated, RKA shall mark all your account information (including saved resumes, network contacts, and e-mail mailing lists) as deleted and RKA may delete them permanently from RKA's databases.
All job postings must comply with applicable local, national, and international laws regarding labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property, as well as any other applicable laws.
RKA reserves the right to remove any job posting or content from the Site that RKA, in its sole discretion, believes does not comply with this Agreement or any content RKA believes is inappropriate.
Employers are solely responsible for their postings on the Site. Job Seeker's use of the Site is at Job Seeker's own risk. RKA shall not be responsible for any employment decisions, for whatever reason, made by Job Seeker with regard to any employer who posts job openings on the Site. RKA does not make any representations regarding the accuracy or validity of any employer-supplied information.
To create an account with RKA, Job Seeker will need to create an account and Job Seeker shall provide RKA with personal information ("User Information"). This User Information will include, but will not be limited to, Job Seeker's name and e-mail address. Job Seeker will also create a username and password. Job Seeker understands and agrees that Job Seeker has no ownership rights in Job Seeker’s account.
Job Seeker has no ownership rights in Job Seeker's account and, upon cancellation of Job Seeker's RKA account or RKA's termination of Job Seeker's account, RKA will mark all Job Seeker's account information, including resumes, cover letters, profiles, saved jobs, and questionnaires, as deleted. RKA may then permanently delete this account information by removing it from RKA's databases and from the public areas of the Site. Information may continue to be available for a short period of time after termination of Job Seeker's account due to delays in propagating the deletion through RKA's web servers. In addition, third parties may still retain saved copies of Job Seeker's information.
RKA reserves the right to delete Job Seeker's account and all of Job Seeker's information if there is a significant period of inactivity.
1. User Content and Submissions Job Seeker acknowledges and understands that Job Seeker is responsible for all the content Job Seeker posts through the Site ("User Content"). This User Content includes all data, text, software, music, sounds, photographs, graphics, video, advertisements, messages, and all other materials submitted, posted, or displayed by Job Seeker. RKA has no ownership in or control over User Content. Job Seeker or a third party retains all intellectual property rights in this User Content and Job Seeker is responsible for protecting those rights. By posting this User Content, Job Seeker grants RKA a worldwide, non-exclusive, royalty-free, transferrable, sub-licensable license to use, reproduce, adapt, distribute, and publish this User Content through the Site. In addition, Job Seeker also grants RKA a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute, and publish the User Content for the purpose of promoting RKA and its services. When User Content has been removed, RKA shall discontinue using the User Content within a commercially reasonable time. In addition, RKA, in its sole discretion, may refuse to accept, post, display, or transmit any User Content that it feels is in appropriate. Job Seeker's reliance on content posted by other users will be at Job Seeker's own risk. RKA does not represent the accurateness, truthfulness, completeness, or reliability of any User Content. In addition, RKA does not endorse any opinions posted by its users.