FOODWORKER.COM TERMS OF USE

Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of Foodworker.com (the “Foodworker™ Web Site ” or “Site”). If you do not accept these Terms and Conditions or you do not meet or comply with these provisions, you may not use the Site. These Terms and Conditions are effective as of June 7, 2007.

Binding Agreement. These Terms and Conditions, as they may be amended from time to time by PAX Ventures LLC, the owner of the Foodworker™ Web Site, (the “Owner”) form a binding agreement (the “Agreement”) between you and the Owner. Your access to or use of the Foodworker Web site indicates your acceptance of these Terms and Conditions.  You are agreeing to use the Site at your own risk.

Certain Definitions. The following definitions apply to this Agreement:

“Content” includes all Text, Graphics, Design and Programming used on the Site.
“Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
“Graphics” includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
“Design” includes the color combinations and the page layout of the Site.
“Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Foodworker Web Site.
“Document” refers to any submission to the Foodworker Web Site, including without limitation, any personal information, resume, curriculum vitae or transcript.
“Services” means any services provided on the Foodworker Web site.
“User” refers to any individual who uses any aspect of the Foodworker Web site.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

General Use Rules. The Foodworker Web Site is intended for individuals seeking employment with any store within the Foodworker Network of Companies, as defined in the Foodworker.com Privacy Policy. You may use the Foodworker Web Site only for lawful purposes within the stated context of the Site’s intended and acceptable use of the Site.  The Owner is the sole interpreter of the Site’s intended and acceptable use

License to Use by Users who are Job Seekers. The Owner hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. The Owner reserves the right to suspend or terminate the license for any reason at any time, in its sole discretion.
Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.

Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of the Owner, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms of Use, the Owner reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. “Foodworker” is a trademark and service mark of the Owner and all related product and service names, design marks and slogans are the trademarks or service marks of the Owner. In addition, the "look" and "feel" of the Site (including the Text, Graphics, Design and all other graphical elements) are also protected by the Owner’s trademarks, service marks and copyrights. All other product or company names, trademarks and service marks contained on the Site are the trademarks of their respective owners.

Disclaimers and Limitations on Liability.  The Owner assumes no responsibility for Documents posted and no responsibility for the activities, omissions or other conduct of Users.  Neither the Owner nor the Foodwoker Network of Companies shall have any liability or responsibility to Users. The Owner may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

No Guaranty of Employment. The Owner is NOT an employment agency or a recruiting firm, and it makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. The Owner does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled.

WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE OWNER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE OWNER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE. (B) WITHOUT LIMITATION ON THE FOREGOING: (I) THE OWNER DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE OWNER IS NOT RESPONSIBLE FOR THOSE COSTS. (II) THE OWNER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. DOCUMENTS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK. (III) THE OWNER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE SITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.

DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL THE OWNER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE OWNER'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL THE OWNER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.
(E) DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT THE OWNER WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.

Links to Other Sites.  The Foodworker Web Site may contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Owner of the contents on such third-party web sites. The Owner is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Amendments to this Agreement and Changes to Site. The Owner may revise this Agreement at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by the Owner unless the Owner agrees to them in a signed writing specifically including those new or different terms. The Owner may change the Site at any time.

Indemnity. You agree to defend, indemnify, and hold harmless the Owner (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. The Owner shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through the Foodworker Web Site. Please note, as set forth in the Privacy Policy, that the Owner may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, the Owner reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.

Questions and Notices. Questions concerning the use of the Site should be directed to careers@foodworker.com. Notices shall be sent to the address listed on the Site, and, for you, to the address submitted by you or such other address as the Owner reasonably determines is an appropriate address for you.

General. Contact information for the Foodworker Web Site is listed on the Site. The Owner makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access the Foodworker Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is to be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in the State of New York. The sole relationship between You and the Owner is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between you and the Owner.

Posting Rules:
(a) Your Document may not contain: (i) URLs or links to Web sites (to advertise your company or Web site); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords; (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business; (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
(c) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(d) Documents found to violate the above Posting Rules may not be considered.