Job Magician Web Site
Terms of Service

Agreement Between User And Job Magician

Welcome to Job Magician.com.

Job Magician.com (the "Website") is owned and operated by Alan Darling Consulting. Job Magician is dedicated to providing visitors to Job Magician.com with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service to govern your use of Job Magician.com, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of Job Magician.com tells us you have read and agreed to these Terms of Service. Please read them carefully. This Terms of Service is a binding contract between you and Job Magician, regarding your use of Job Magician.com. If you do not agree with any of these terms, please exit the Website.

Copyright Notices

All contents of this Website are: Copyright © 2008-2011 by Alan Darling Consulting or third-party content providers and are protected by international copyright law. All rights reserved. Job Magician is a registered tradename, and the banner, motif and mascot are registered trademarks.

Free Access to the content made available to you on the Website is possible due to the paid advertising that appears on the Website. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website.

All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to this website, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website (collectively, the "Content"), are protected under applicable copyrights and other proprietary (included but not limited to intellectual property) rights and are the intellectual property of Job Magician, and its affiliated companies, licensors and suppliers. Job Magician actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of Job Magician.

Requests to use the Content for any purpose other than as permitted in this paragraph should be directed to webmaster@jobmagician.com. In certain cases, you may be able to obtain a license to use individual stories that appear on Job Magician.com through an online vendor we have specifically designated as authorized to license Content on our behalf. If we have authorized a third party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.

Third Party Copyright Notice

Job Magician.com contains text, photo, graphic, audio and/or video material licensed from several third party content providers ("Third Party Content"). Third Party Content shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither Third Party Content, nor any portion thereof, may be stored in a computer except for personal or non-commercial use. Neither Job Magician nor any third party content provider will be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

Copyright Complaints

Job Magician respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on Job Magician.com, please contact us at the address listed below under the heading "Contact Us."

Trademarks

The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by Job Magician.com LLC, and Marks owned by other information providers and third parties. For example, Job Magician is a trademark of Job Magician/Alan Darling Consulting. No Marks may be used in any manner unless approved in advance, in writing by Job Magician.

Links To, Alteration Of, And Frames Of, Job Magician.com

If you operate a web site and wish to link to Job Magician.com, you may link to any active contect page on this doman. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of Job Magician.com without our express written consent. You may not alter or modify in any way, Job Magician.com including but not limited to using any software to suppress or alter the display of advertising on the pages of Job Magician.com. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Job Magician.com, not to insert any code or product or manipulate the content of Job Magician.com in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of Job Magician.com.

Membership and Registration

Certain areas of Job Magician.com may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of Job Magician.com. You may also provide information to Job Magician.com in other contexts, including, for example, in order to enter into a sweepstakes or promotion. When you register or become a member of Job Magician.com or provide information to Job Magician.com in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited (except in those specific areas of Job Magician.com that specifically ask for unique, fictitious names, e.g., message boards and chat rooms). You agree that Job Magician.com may use the information you provide to us according to the Privacy Policy of our Website.

If you become a member of Job Magician.com, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access Job Magician.com using your name in whole or in part. Job Magician.com reserves the right to terminate membership and deny access to the Website to any person who violates this Terms of Service.

User-Created Content

By placing material on, or communicating with, Job Magician.com, including for example communication during registration, communication on any Job Magician.com bulletin board or message or chat area, entering any sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant Job Magician, its affiliates and related entities, including Job Magician.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of Job Magician.com, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Job Magician to include the information you provide in a searchable format that may be accessed by users of Job Magician.com and other Job Magician web sites. You also grant Job Magician and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Job Magician the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Job Magician.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Job Magician.com.

Other Specifics About Interactive Areas (Message Boards, Chat Areas, etc.)

Job Magician.com bulletin boards and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of Job Magician.com and the volume of messages and postings, Job Magician.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. Job Magician.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

Posting Rules

Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of Job Magician.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by Job Magician.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our Website. When using Job Magician.com, please do not post material that:

•  contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
•  is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
•  violates any right of Job Magician or any third party.
•  discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
•  violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
•  unfairly interferes with any third party's uninterrupted use and enjoyment of Job Magician.com.
•  advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
•  uploads copyrighted or other proprietary material of any kind on Job Magician.com without the express permission of the owner of that material.
•  uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of Service.
•  includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
•  uploads or transmits viruses or other harmful, disruptive or destructive files.
•  disrupts, interferes with, or otherwise harms or violates the security of Job Magician.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Job Magician.com or affiliated or linked sites.
•  "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

A violation of certain of these Posting Rules may be referred to law enforcement authorities. Job Magician reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.

Third-Party Content

Job Magician is a distributor with regard to content supplied by third-party suppliers and Users, therefore, Job Magician has no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and Users are those of the respective author(s) or distributor(s) and not of Job Magician.

Communications With Third Parties Through Job Magician.com

Your dealings or communications through Job Magician.com with any party other than Job Magician.com are solely between you and that third party. For example, certain areas of Job Magician.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Job Magician.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Software Available On This Web Site

Any software that is made available to download from this Website ("Software") is the copyrighted work of Job Magician' suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to Users in territories where its distribution is prohibited by law.

International Users

Job Magician.com is controlled, operated and administered by Job Magician from its offices within the United States. Job Magician.com makes no representation that materials or Content available through Job Magician.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Job Magician.com or export the Content in violation of U.S. export laws and regulations. If you access Job Magician.com from a location outside the United States, you are responsible for compliance with all local laws.

E-Mail

Job Magician respects the privacy of its readers. However, Job Magician has not in the past made rental lists of its registrants, but reserves the right to do so if those registrants have expressly provided us with their permission to receive third party information and offers as part of their user profile.

Modification

Job Magician shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of this site shall constitute your acceptance of any changes. Job Magician shall have the right at any time to change or discontinue any aspect of Job Magician.com, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.

Disclaimer

ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. JOB MAGICIAN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. JOB MAGICIAN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. JOB MAGICIAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.

Use Of This Website Is At Your Own Risk.

This Website may contain advice, opinions, and statements of various information providers and content providers. Job Magician does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this site or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither Job Magician nor its affiliates, nor any of their respective agents, employees, information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting therefrom.

Prior to the execution of a purchase or sale or any security or investment, you are advised to consult with your broker or other financial advisor or other professionals as appropriate to verify pricing and other information. Neither Job Magician, its affiliates, information providers or content providers shall have any liability for investment decisions based upon, or the results obtained from, the information provided. Neither Job Magician, its affiliates, information providers or content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness of any such information. Nothing contained in this Website is intended to be, nor shall it be construed as, investment advice.

Indemnity/Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Job Magician, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that Job Magician is not liable for any conduct of any User.

AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, JOB MAGICIAN.COM AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF JOB MAGICIAN.COM; (B) JOB MAGICIAN.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU.

If you are dissatisfied with any Job Magician material, or with any of Job Magician' terms and conditions, your sole and exclusive remedy is to discontinue using the Job Magician Website.

General

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement has been made in and shall be construed and enforced in accordance with Vermont law. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of Vermont. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of Job Magician.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Job Magician.com, and all other provisions for which survival is equitable or appropriate.

Service Contact

Contact Job Magician with questions or problems with this Website.

Any rights not expressly granted herein are reserved.