BY USING THIS PROGRAM, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE.
By using this system, you represent that you are 18 years of age or older.
Welcome to Nifty50s.com, the site that offers online job resources and content for individuals who are age 50 and older. Nifty50s.com is operated by 158 LLC, dba Nifty50s.com ("Nifty50s" or "we" or "us" or "our" or other similar pronouns.) Our goal is to match individuals age 50+ with employers that are specifically interested in hiring candidates from the 50+ demographic. We offer our applicants the opportunity to post their professional profiles and criteria in a database where it may be searched by employers interested in hiring candidates from our target demographic. Employers who post jobs are on our site are given the opportunity to search for applicants. Our applicants will also be able to search our database of posted jobs from where they can contact potential employers, forward their resumes, schedule interviews, etc.
The words "You," "User" or "Member," as used herein, refer to all individuals and/or entities accessing or using the Website for any reason. The term "Your Content" or "User Content," as used herein, shall mean information that You submit, publish or display on any website provided by Nifty50s.
1. MODIFICATION OF TERMS.
Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Nifty50s and/or its affiliates.
3. ACCESS TO THE WEBSITE.
Nifty50s reserves the right to modify or discontinue any services or content provided by Nifty50s with or without notice to the User. You acknowledge and accept that Nifty50s does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.
4. YOUR ACCOUNT.
You are responsible for making all arrangements necessary for You to have access to the Website and to the services provided therein.
5. Disclaimer of warranties.
The Nifty50s sites and all Nifty50s content, including text, graphics, information, links or other items, are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access. Nifty50s, to the fullest extent permitted by law, disclaims all warranties of any kind, express or implied, including the warranty of merchantability, fitness for a particular purpose and non-infringement and regarding the use or the results of this website or any of the services or information provided therein in terms of its availability, accuracy, adequacy, correctness, precision, timeliness, completeness, thoroughness, reliability or otherwise.
Nifty50s expressly disclaims liability for errors or omissions in the information and materials contained therein, and assumes no responsibility, and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the website. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
No warranty of any kind, whether implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, noninfringement, merchantability, fitness for a particular purpose and freedom from defect, computer virus or other error, is given in conjunction with any of the information, materials or services provided by Nifty50s. We make no warranty that the website or the services thereon will meet users' requirements.
If you are dissatisfied with the site, your sole and exclusive remedy is to discontinue using the site. Nifty50s is not responsible, and makes no representations or warranties for the delivery of any messages (such as in mails, posting of answers or transmission of any other user generated content) sent through Nifty50s to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology. Nifty50s does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Nifty50s declines all liability for identity theft or any other misuse of your identity or information. Nifty50s does not guarantee that the services which it provides will function without interruption or errors in functioning. In particular, their operation may be momentarily interrupted due to maintenance, updates, or technical improvements. Nifty50s disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Nifty50s disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Nifty50s site due to inappropriate equipment, disturbances linked to the internet service provider, to the saturation of the internet network, and for any other reason unrelated to Nifty50s.
6. LIMITATION OF LIABILITY.
The Website acts as a venue for employers/recruiters to post jobs and search for candidates, and for candidates to post resumes and search for jobs. Nifty50s is not involved in the actual transaction between employers/recruiters and candidates. As a result, Nifty50s has no control over User Content, quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. Nifty50s shall not be responsible for any employment decisions, for whatever reason, made by any entity in connection with jobs posted on or through the Website. You acknowledge and agree that You are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Website.
Except as expressly provided in these Terms, in no event shall Nifty50s, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Website, any information received from this Website, any e-mail distributed to any User or Member from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if Nifty50s, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall Nifty50s, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the Website.
Nifty50s’ maximum total, aggregate liability arising out of or in connection with the website and any information or services provided therein, regardless of the cause of action (whether in contract, tort, negligence, strict liability, breach of warranty or otherwise), will in no event exceed one hundred dollars ($100.00). Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Nifty50s liability in such jurisdictions shall be limited to the extent permitted by law. Nifty50s acts as a venue for employers/recruiters to post jobs and search for candidates, and for candidates to post resumes and search for jobs. Nifty50s is not involved in the actual transaction between employers/recruiters and candidates. As a result, Nifty50s has no control over User Content, quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. Nifty50s shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or seeking jobs on or through the Nifty50s. You acknowledge and agree that you are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Nifty50s.
8. ACCEPTABLE USE POLICY ("AUP")
(1) Valid E-mail Address. You must supply and maintain a valid and verified e-mail address in order to use the services provided by the Website. Invalid e-mail addresses and those that have not been verified through the verification e-mail sent upon sign-up will be deleted from Our system and You will be denied access to this Website.
(2) Unauthorized Use. Nifty50s authorizes Members to view and access a single copy of the content available on or from the Website solely for their personal use. Only one individual may access the Website using the same e-mail or password, unless Nifty50s agrees otherwise. Unauthorized use of the Website and Nifty50s’ systems including but not limited to unauthorized entry into any of Nifty50s systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited. Nifty50s reserves the right, in Our sole discretion, to immediately revoke Your account and/or seek all other legal remedies available for scraping jobs, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored," competitive, or third party site. The use of automated programming on the Website, including but not limited to the use of a script to apply to jobs or to communicate with recruiters (e.g. the sending of resumes through Nifty50s’ recruiter database), is contrary to the nature of Our services and not permitted.
(3) Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the "Website Content") are protected under both United States and foreign copyright, trademark and other laws. All such content is the property of Nifty50s or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of Nifty50s and is protected by United States and foreign copyright, trademark and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. Members must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any authorized copy they make of such content. Members may not sell or modify the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of Nifty50s, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Nifty50s or its licensors, that dilutes the strength of Nifty50s or its licensor’s property, or that otherwise infringes Nifty50s’ or its licensor’s intellectual property rights. Members may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Nifty50s creates to generate or display any Website Content or the pages making up the Website is also protected by Nifty50s’ copyright and Members may not copy or adapt such code.
(4) Website Restrictions. The job posting database ("Nifty50s Database") and other features of the Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, the Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
(5) Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
(a) accessing data not intended for You or logging into a server or account that You are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any User or Member, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Nifty50s will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users or Members who are involved in such violations.
Nifty50s also specifically prohibits the following:
Posting jobs or content on the Website that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading;
Using Nifty50s Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Nifty50s Database to sell or promote any products or services;
Posting or submitting to the Website any incomplete, false or inaccurate biographical information or information which is not owned or licensed by the poster;
Posting on the Website any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents;
Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to other Users or Members;
Deleting or revising any material posted by any other User, Member or other entity;
Taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Website and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website; or
Aggregating, copying or duplicating in any manner all or part of the Website Content or information available from the Website, without express written consent from Nifty50s.
(6) User Content and Submissions. You are solely responsible for Your account information, employer account information or job postings, Profile, Your Content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that You post on the Website or transmit to other Users or Members. You agree that in submitting Your Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of Your obligations under these Terms.
The following is a partial list, for illustration purposes, of User Content that is prohibited on the Website. You may not post content that:
Is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
Harasses, incites harassment or advocates harassment of any group or individual;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
Involves, promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Involves, promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacturer-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
Contains restricted or password only access pages, or hidden pages or images;
Displays or links to pornographic, indecent or sexually explicit material of any kind;
Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
Solicits passwords or personal identifying information from other Users or Members.
9. LINKS TO OTHER SITES.
10. INTELLECTUAL PROPERTY.
You acknowledge and agree that, as between You and Nifty50s, Nifty50s owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to Nifty50s.com and all Website Content provided by Nifty50s on the Website, including without limitation, site design, text, graphics, and interfaces ("Nifty50s Materials.") Any use of Nifty50s Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of Nifty50s is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device or manual process to monitor or copy Our website, Nifty50s Material or any third-party content available on Nifty50s’ websites.
By posting Your Content to any public area of Nifty50s’ websites, including without limitation, message boards, profiles, forums, contests and chat rooms, or by otherwise submitting or transmitting any such Content to us: (i) You acknowledge, represent and warrant that such Content is original to You and that no other party has any rights thereto, or that You have the necessary licenses, rights, consents and permissions to furnish and/or license such Content and submit it to the Website, and that any "moral rights" in having the Content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to You have been waived; and (ii) You automatically grant to Nifty50s and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of Nifty50s or for any other purpose, in Nifty50s’ discretion. We cannot be responsible for maintaining any Content that You provide to us, and We may delete or destroy any such Content at any time.
11. THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
Nifty50s respects the intellectual property of others, and We ask You to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. Nifty50s reserves the right to terminate Your account, and block access to the Website if You infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. Nifty50s reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.
13. NOTIFICATION OF COPYRIGHT INFRINGEMENT.
If You believe that Your copyrighted work has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to Our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and e-mail address;
A description of the copyrighted work that You claim has been infringed;
A description of where the alleged infringing material is located;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
P.O. Box 40592
Bay Village, Ohio 44140-0592
By telephone: (440.835.4525)
14. Auto-renewal policy.
All subscriptions will automatically renew to preserve continuity. Discounted memberships will be renewed automatically at the regular membership rate at end of the discounted membership term. Nifty50s reserves the right to modify its pricing at any time upon advance notice to you. If you have not cancelled your membership or turned off auto-renew within the specified time after receiving notice of a price change, membership subscriptions will be renewed at the new price. You may choose to shut off auto-renew by going to account settings, my membership and clicking on turn off auto-renew.
If You would like to cancel Your subscription and not be charged for renewal, You must cancel before Your renewal date, or Your subscription will be renewed for the same term and price that You initially selected. To cancel, click on the following link: to be assigned by web developer.
16. ORDERS FOR PRODUCTS AND SERVICES.
We may make certain products and services available to visitors and registrants of the Website. You may only order products or services if You are domiciled in the United States. You agree to pay in full the prices for any purchases You make either by credit/debit card concurrent with Your online order or by other payment means acceptable to Nifty50s. You agree to pay all applicable taxes. If payment is not received by us from Your credit or debit card issuer or its agents, You agree to pay all amounts due upon demand by us.
Refunds are provided on a pro-rata basis only.
18. ADDITIONAL TERMS.
20. NO RESALE OR UNAUTHORIZED COMMERCIAL USE.
21. AVAILABILITY OUTSIDE THE U.S.
22. GOVERNING LAW, FORUM and DISPUTE RESOLUTION.
If You believe that you have a dispute, disagreement, issue or claim against Nifty50s, please contact Nifty50s first. If you wish to file a claim or other dispute for resolution, You must first notify Nifty50s in writing via mail or parcel service with delivery confirmation to the following address:
Attention: Customer Service
P.O. Box 40592
Bay Village, Ohio 44140-0592
23. SEVERABILITY; WAIVER.