USAsTopJobs.com Customer Agreement/Terms & Conditions.

This USAsTopJobs.com Customer Agreement ("Agreement") is by and between USAsTopJobs.com and or any of its affiliated network of web site(s) ("USAsTopJobs.com") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic or handwritten signed execution and or when services are initiated or rendered at your verbal request. This Agreement sets forth the terms and conditions of Your use of USAsTopJobs.com services and represents the entire agreement between You and USAsTopJobs.com. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, which USAsTopJobs.com may establish from time to time. 

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with USAsTopJobs.com, whether or not the transactions were in Your behalf. 

You agree that USAsTopJobs.com may modify this agreement in order to comply with applicable law and any the terms and conditions or any rules or policies that may be published from time to time by USAsTopJobs.com.


1. fees

In consideration for the services and products ("service") purchased by You and provided to You by USAsTopJobs.com, You agree to pay USAsTopJobs.com prior to service rendering upfront in full, unless other payment arrangements have been made and agreed upon. Payment is to be made by You by providing one of the following: a valid credit card or an online check payment via PayPal (processing fees may apply for this service), or personal or business check or money order (collectively, the "Payment Method"). Personal checks and money orders must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service/s, and any check that bounces will result in a $50 bounced check fee. If You purchase an automatically renewing service or product by check or money order, it is Your responsibility to make payment arrangements for timely delivery of each renewal payment. All payments and services are non-refundable. If for any reason USAsTopJobs.com is unable to charge Your Payment Method for the full amount owed USAsTopJobs.com for the service provided, or if USAsTopJobs.com is charged a penalty for any fee it previously charged to Your Payment Method, You agree that USAsTopJobs.com may pursue all available remedies in order to obtain payment. You agree that among the remedies USAsTopJobs.com may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You and or immediate collection agency remedy. USAsTopJobs.com reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services.  In addition, for any late payment 30 days past due from date of any invoice, for any reason, a 10% late fee on amount due shall apply, unless otherwise noted. Finally, for any payments past due 30 days any or all accounts will be placed in backup withholding until account is paid in full and made current. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by mailing your request to support@usastopjobs.com.

Services Renewals

When You become a customer, automatic renewal is standard. USAsTopJobs.com will automatically renew, for a period equivalent to the length of Your original contract, agreement or request of service any service that is up for renewal and will take payment from the Payment Method You have on file with USAsTopJobs.com, at USAsTopJobs.com then current rates or agreed upon terms. Thus, if you have chosen to use a specific service  for one month, USAsTopJobs.com will automatically renew it for one month. If You have chosen to use a specific service for two years, USAsTopJobs.com will automatically renew it for two years, and so on. All services will be non refundable. If for any reason USAsTopJobs.com is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your account could be turned over to collections and cancelled. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. You agree that USAsTopJobs.com will not be responsible for cancelled accounts that You fail to renew, either automatically or manually. In any case, if You fail to renew Your account in a timely fashion, additional charges may apply, specifically for re-activations. You will incur the applicable additional renewal fee/s unless You cancel 30 days in advance and prior to service rendering.


2. term of agreement; modifications

The term of this agreement shall continue in full force and effect as long as You have an account through USAsTopJobs.com. You further agree that USAsTopJobs.com may charge You any fee or fees if You breach Your contract or agreement during any service period, such as legal fees, but not limited to. USAsTopJobs.com will not charge You a fee if USAsTopJobs.com cancels Your account during this period because of fraud.

You agree that USAsTopJobs.com may modify this agreement from time to time. USAsTopJobs.com may also discontinue services it provides under this agreement for any reason whatsoever. You agree to be bound by any changes USAsTopJobs.com may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with USAsTopJobs.com You will not receive a refund for any fees You may have paid to USAsTopJobs.com and be bound by any contract, agreement or service period for the full term.

You agree that USAsTopJobs.com shall not be bound by any representations made by third parties who You may use to purchase services from USAsTopJobs.com, and that any statements of a general nature, which may be posted on USAsTopJobs.com affiliated web site (s) or be contained in USAsTopJobs.com or its affiliates promotional materials, will not bind USAsTopJobs.com.


3. up to date information; use of information and expiration

You agree to notify USAsTopJobs.com within five (5) business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide USAsTopJobs.com with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by USAsTopJobs.com to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement. You agree to retain a copy for Your record of the receipt for purchase of Your services.

You agree that for establishing an account by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, an administrative contact and a billing contact.


4. suspension of services; breach of agreement

You agree that, in addition to other events set forth in this agreement,

Your ability to use any of the services provided by USAsTopJobs.com or its affiliates is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by USAsTopJobs.com.

You agree that Your failure to comply completely with the terms and conditions of this agreement and any USAsTopJobs.com rule or policy may be considered by USAsTopJobs.com to be a material breach of this agreement and that USAsTopJobs.com may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide USAsTopJobs.com with material evidence that You have not breached Your obligations to USAsTopJobs.com within ten (10) business days, USAsTopJobs.com may terminate its relationship with You and take any remedial action available to USAsTopJobs.com under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the any of Your accounts and discontinuing any services provided by USAsTopJobs.com to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach.

USAsTopJobs.com failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.


5. restriction of services; right of refusal
You agree that USAsTopJobs.com reserves the right to deactivate Your account from its system if USAsTopJobs.com deems it is the recipient of activities caused by Your account that threaten the stability of its network or business.

You agree that USAsTopJobs.com and its affiliates, in its sole discretion and without liability to You, may refuse to accept the registration of any account or may cancel your account or contract at any time for any reason. USAsTopJobs.com also may in its sole discretion and without liability to You delete the registration of any account during the first thirty (30) days after registration has taken place. USAsTopJobs.com may also cancel the registration of an account, after thirty (30) days, if that account is being used, as determined by USAsTopJobs.com in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or use unethically minors in any way. In the event USAsTopJobs.com refuses an account or deletes an existing account during the first thirty (30) days after registration, You will receive a refund of any fees paid to USAsTopJobs.com in connection with the registration either being canceled or refused. In the event USAsTopJobs.com deletes the registration of an account being used in association with spam or morally objectionable activities, no refund will be issued.


6. limitation of liability

You agree that USAsTopJobs.com and its affiliates entire liability to You under this agreement, and Your only remedy, in connection with any service provided by USAsTopJobs.com, to You under this agreement, and for any breach of this agreement by USAsTopJobs.com, shall be limited to the fees You paid to USAsTopJobs.com for the particular service in contention. USAsTopJobs.com and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of USAsTopJobs.com services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, USAsTopJobs.com liability shall be limited to the smallest amount permitted by law. USAsTopJobs.com disclaims any loss or liability resulting from:

  1. access delays or interruptions to our web site (s);
  2. data non-delivery or mis-delivery between You and USAsTopJobs.com;
  3. events beyond our control (i.e. acts of God);
  4. the loss of a service or the use of a service;
  5. the failure for whatever reason to renew a service;
  6. the unauthorized use of Your account with USAsTopJobs.com or any of services provided to You by USAsTopJobs.com ;
  7. errors, omissions or misstatements;
  8. deletion of, failure to store, or failure to process or act upon email messages;
  9. processing of updated information to Your registration record;
  10. development or interruption of Your services;
  11. errors taking place with regard to the processing of Your application; and
  12. any act or omission caused by You or Your agent (whether authorized by You or not)

7. indemnity
You agree to release, defend, indemnify and hold harmless USAsTopJobs.com and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with USAsTopJobs.com whether or not on Your behalf, and whether or not with Your permission) use of the services provided by USAsTopJobs.com. Should USAsTopJobs.com be notified of a pending law suit, or receive notice of the filing of a law suit, USAsTopJobs.com may seek a written confirmation from You concerning Your obligation to indemnity USAsTopJobs.com. Your failure to provide such a confirmation may be considered a breach of this agreement.

8. representation and warranties

You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party. You also warrant that the account being registered will not be used in connection with any illegal activity.

You agree that USAsTopJobs.com makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any account You register or open with USAsTopJobs.com.

USAsTopJobs.com expressly reserves the right to deny, cancel or transfer any account that it deems necessary, in its discretion, to protect the integrity and stability, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of USAsTopJobs.com, as well as its affiliates, subsidiaries, officers, directors and employees. USAsTopJobs.com also reserves the right to freeze an account during resolution of a dispute.


9. disclaimer of warranties
USAsTopJobs.com and or its affiliates expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. USAsTopJobs.com makes no warranty that its service(s) will meet Your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free, or that defects will be corrected. USAsTopJobs.com does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

10. severability; entirety

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to constitute the complete and only agreement between You and USAsTopJobs.com regarding the services contemplated herein.


11. venue; waiver of trial by jury

This agreement shall be deemed entered into in the state of Pennsylvania. The laws and judicial decisions of Dauphin county, Pennsylvania, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a service with USAsTopJobs.com, You shall submit, without prejudice to the jurisdiction of the court where USAsTopJobs.com is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Dauphin county, Pennsylvania.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this agreement.


12. notices
You agree that all notices (except for notices concerning breach of this agreement) from USAsTopJobs.com to You may be posted on our web site or affiliated web site(s) and will be deemed delivered within five (5) days after posting. Notices concerning breach will be sent either to the email address You have on file with USAsTopJobs.com or mailed first class postage to the postal address You have on file with USAsTopJobs.com or its affiliates. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to USAsTopJobs.com shall be made by email, sent to the address we provide on our web site or affiliated web site(s), or support@usastopjobs.com

Delivery shall be deemed to have been made by You to USAsTopJobs.com five (5) days after the date sent.


Last Updated: 6/23/2010
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