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Terms and Conditions
Updated 6/25/2007
Please take a moment to review these Terms and Conditions of Services ("Terms"). These Terms are an agreement between you and SummerClerk.com ("SC"), a division of Niche Recruiting Technologies, LLC ("NRT").
  1. SC Services. As part of SC's dedication to our online community of employers, job seekers and others, we provide an array of services (the "Services"). At this time, all Services are free.
  2. Privacy Protection Policy. SC respects your privacy. Please read our Privacy Protection Policy.
  3. Intellectual Property Rights. All content on SC is the sole property of NRT and is protected by U.S. copyright laws and international treaties. You may not reproduce, modify, display, sell, or distribute any content, or use it in any other way for public or commercial purpose, without NRT's consent. This includes copying or adapting the HTML code used to generate SC pages.

    "SummerClerk.com," "Summer Clerk Network" and the SummerClerk.com design logo and certain other names or logos are service marks or trademarks of NRT, and all related product and service names, design marks and slogans are the service marks or trademarks of NRT. In addition, NRT's trademarks, service marks and copyrights protect the "look and feel" of SC (including color combinations, button shapes, layout, design and all other graphical elements). All other product and service marks contained on SC are the trademarks of their respective owners.

  4. Licensed Trademarks. All trademarks and registered trademarks are the property of their respective owners. Employers and their representatives who submit content to SummerClerk.com or any of its affiliated sites, agree to grant SummerClerk.com and its affiliates a royalty-free, perpetual, irrevocable, sub-licenseable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. Employers and their representatives also grant to SummerClerk.com and its affiliates the royalty-free, perpetual, irrevocable, sub-licenseable, non-exclusive right (including any moral rights) and license to use, reproduce, communicate to the public and display the name and trademark of their organization and status as a contributor of content to the SummerClerk.com. Employers and their representatives warrant and represent that they have the authority to enter into this license agreement and that they are the holder of any rights, including moral rights in such content and trademarks, and that they have completely and effectively waived all such rights and validly and irrevocably granted to SummerClerk.com the license stated above. Subject to the foregoing, the owner of such content and trademarks submitted to SummerClerk.com retains any and all rights that may exist in such content and trademarks.
  5. Acceptable Use of the Site. SC and its services are intended for individuals seeking employment and for employers seeking candidates for employment. SC may be used only for lawful purposes within this stated context of SC's intended and acceptable use. NRT is the sole interpreter of its intended and acceptable use.

    As one of the conditions of your use of SC, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) SC for any purpose or in any manner that is prohibited by these Terms or by applicable law. It is your responsibility to ensure that your use of SC complies with these Terms. In particular, acceptance of these Terms indicates agreement with and submission to the following rules for posting, conduct and security on SC.

    Posting Rules:
    • You may not post:
      • Copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material)
      • Trade secrets (unless you own them or have the owner's permission to post them)
      • Material that infringes on any other intellectual property rights, or on the privacy or publicity rights of others
      • Anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful
      • False, inaccurate or misleading information
      • Advertisements or solicitations of business such as Multi-Level Marketing positions, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the user)
      • Chain letters or pyramid schemes
    • 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.
    • SC is under no obligation to monitor the material posted on SC, but it may do so. Material found to violate these Posting Rules may be removed at SC's discretion. Users who violate these Posting Rules may be denied access to SC. SC is the sole interpreter of the Posting Rules.
    Conduct Rules:
    • You may not respond to postings by other users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors are prohibited.
    • You may not send unsolicited commercial email to SC users.
    • Protect your password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on SC, you risk losing your access. You agree to notify SC immediately of any unauthorized use of your registration and password.
    • You may not impersonate another person, living or dead.
    • Please report inappropriate postings or conduct.
    • You may not delete or revise any material posted by any other person or entity.
    • SC is under no obligation to monitor the conduct of its users, but it may investigate and respond when violations are reported. Users who violate these Conduct Rules may be denied access to SC. SC is the sole interpreter of these Conduct Rules.
    Security Rules:
    • Users are prohibited from violating or attempting to violate the security of SC, including, without limitation:
      • Accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
      • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
      • Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to SC, overloading, "flooding", "mailbombing" or "crashing";
      • Sending unsolicited email, including promotions and/or advertising of products or services;
      • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
    • Violations of system or network security may result in civil or criminal liability.
    • Violation of these Security Rules may result in civil or criminal liability.
    • SC will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
  6. Distribution of Material You Provide. Subject to these Terms and SC's Privacy Protection Policy, you license to SC any material and information you provide through or to SC. SC may modify, display, distribute and create new material using such material you provide for the promotion and marketing of our services. By submitting information and other material, you warrant that you have authority and permission to do so, and that the owner of such materials has expressly agreed that, without any particular time limit, and without the payment of any fees, SC and anyone SC permits may reproduce, display, distribute and create new works of authorship based on and including the information and material. In addition, you warrant that all so-called "moral rights" in the material have been waived.
  7. Your Use; Limited License. SC is for your personal and noncommercial use. Except as otherwise expressly provided in a written agreement with us, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained on SC. You are granted a non-exclusive, non-assignable and non-transferable license to use SC and the Services only under these Terms. This license is not a sale of any of the owner's rights. Except as otherwise expressly provided in a written agreement with us, SC may be used only by you, and you may not rent, lease, lend, sub-license or transfer any data residing on it or any of your rights under these Terms to anyone else. Except as otherwise expressly provided in a written agreement with us, you may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of SC. You may not transfer to or store any data residing or exchanged over SC in any electronic network for use by more than one user unless you obtain prior written permission from SC.
  8. Account Access. In order to ensure that SC is able to provide high quality Services that are responsive to users' needs, you agree that SC employees may have access to your account and records as reasonably needed to improve services and/or investigate complaints.
  9. Links to Other Sites. SC contains links to third party web sites. SC provides these links solely as a convenience to you and not as an endorsement. SC 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.
  10. Disclaimers and Limitations on SC's Liability.
    • SC assumes no responsibility for material posted by users of SC. By accepting these Terms, you assume sole responsibility for the material you post on SC and for your conduct on SC.
    • SC assumes no responsibility for the activities or conduct of users. Nothing on SC shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its web site, products, services, hiring, employment or recruiting practices, or otherwise.
    • SC makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any material posted by users, or of any other form of communication engaged in by users. Material may contain inaccuracies or typographical errors. You acknowledge that any reliance on material posted by users of SC, or on any other form of communication with users of SC, will be at your own risk.
    • SC makes no representations or guarantees regarding the content of SC, including, without limitation, broken links, inaccuracies or typographical errors.
    • SC DOES NOT WARRANT THAT SC WILL OPERATE ERROR-FREE OR THAT SC AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF SC OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SC IS NOT RESPONSIBLE FOR THOSE COSTS.
    • YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF SC AND THE INTERNET GENERALLY. SC AND ITS SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
    • SC is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the SC in meeting the employment objectives of users. SC does not guarantee that material posted by users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, which are made by any user.
    • IN NO EVENT SHALL SC OR ADVERTISERS BE LIABLE FOR ANY 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 THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SC, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • 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 THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN SC'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00.
  11. Indemnification. You agree to indemnify and hold harmless NRT and its affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of SC, your violation of the Terms or your infringement, or infringement by any other user of your account, of any intellectual property rights or other rights of anyone.
  12. Service Changes and Discontinuation. SC reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that SC will not be liable for any modification or discontinuance of the Services. We may terminate your use of SC and the Services if you violate the Terms.
  13. Modifications. SC may revise the Terms at any time by updating this page. Changes to the Agreement will also be binding on you. We will consider any use by you of SC or the Services to be acceptance by you of the then current Terms. If at any time you find the Terms unacceptable, you should no longer use SC.
  14. General. NRT is based in Jefferson County, Alabama. NRT makes no claims that the SC content is appropriate or may be downloaded outside of the United States. Access to SC may not be legal by certain persons or in certain countries. If you access SC from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of Alabama, 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 Jefferson County, Alabama. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly modified in writing, these Terms constitute the entire Agreement between you and SC with respect to SC and the Services. You understand and agree that, due to the nature of these Terms in addition to money damages, SC will be entitled to equitable relief upon a breach of these Terms by you.
  15. Cancellation. All subscriptions will automatically renew to preserve continuity. 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 annual subscription at the same term you initially selected at our current offering price. Please click here to cancel. Please include account name, email address and a phone number where we may contact you to verify your information.
  16. Refunds.
    • For job seekers. Except in cases where the subscription began with a free trial period, SummerClerk.com will refund your membership fee in full if you cancel within 3 days of payment and you have not taken the personality profile. If you have taken the personality profile by Hogan Assessments, you have received benefit and no refund is available. If your membership began with a free account or trial period, that free account or trial period takes the place of the 3 day cancellation period, and once the paid subscription begins, no refund will be provided. Subscriptions are for an annual basis. All subscriptions not cancelled within this 3 day period, may be de-activated by you at any time but no refund will be made for unused subscription periods.
    • For Employers. Except in cases where the subscription began with a free trial period, SummerClerk.com will refund your membership fee in full if you cancel within 3 days of payment and you have not received any applications online after your subscription date. If you received applications online after your subscription date, you have received benefit and no refund is available. If your membership began with a free account or trial period, that free account or trial period takes the place of the 3 day cancellation period, and once the paid subscription begins, no refund will be provided. Subscriptions are for an annual basis. All subscriptions not cancelled within this 3 day period, may be de-activated by you at any time but no refund will be made for unused subscription periods.
  17. Pricing.
    • Students
      1. FREE - Presents only one dimension of an employment preview. It is limited in terms of describing who you are and your ability to perform. TechnicalView (resume and school info) and picture. Free search. You can apply to one (1) employer.
      2. BASIC - Full access to all features: a) TechnicalView (resume and school), b) IntroView (introduction video, picture) and c) PersonaView (Hogan Personality Inventory). Unlimited application to all employers. Gives all three dimensions enabling you to have a good introduction, present your strengths as well as your technical qualifications. Price: $197/yr, Annual Renewal: $75.
      3. PREMIUM - A candidate is matched to particular employers whose cultural profile and other requirements fits the job seekers. Additional assessment required: MVPI (Motives, Values, Preferences Inventory). This feature not only looks at how you work (PersonaView) but also in what type of environment will you best perform. We then match you with employers who have similar requirements. This feature is not available until 2008.
    • Employers
      1. FREE 30 day trial - Search for and browse student profiles. Accept four (4) student applications.
      2. BASIC - See the whole candidate. Get a 3 dimensional preview of the students: a) technical qualifications – TechnicalView (resume, school, GPA) b) Introduction –see their preparation, diction, body language – IntroView (short introductory video) and c) Strengths, weakness and how they approach work in the legal field – PersonaView (Hogan Personality Inventory). Unlimited search and unlimited applications.

        Subscription fees are based upon employer size, either the branch or total number of attorneys. If you first sign up as a branch and then want to upgrade to your firm, the difference will be applied at the time of upgrade.

        Firm Employees Annual Subscription
        1-9 $295
        10-19 $1,575
        20-29 $4,450
        30-49 $6,700
        50-100 $9,300
        101-150 $11,800
        151-200 $15,250
        201-250 $18,900
        251-300 $23,500
        301-400 $28,700
        401-500 $34,500
        501-750 $39,000
        751-1000 $44,000
        1001-1500 $49,000
        1501-2000 $55,500
      3. PREMIUM - Premium service enables a firm not to match not only a person’s personality to the required job but also their cultural profile which will determine how well the person functions within your firm’s environment. The employer will complete an assessment which determines the employer’s cultural profile. Job seekers are then matched and ranked according to how closely they fit your firm’s job and cultural requirements. This service will be available in 2008.
  18. Renewals. All subscriptions will renew automatically, unless we terminate it or you let us know you want to cancel. To stop auto-renewing, just cancel at any time. If you are an employer and have changed your account status in terms of subscription conditions (i.e. size of firm, etc.), please notify us as to change your renewal fee and/or you may be notified by SummerClerk.com as to a change in your renewal fee.
  19. Valid Email Address. You must supply and maintain a valid email address in order to use this service. Invalid email addresses will be deleted from our system and denied access.
  20. Additional Terms. Certain sections or pages on this Web site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
  21. Governing Law. Use of this Web site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Alabama.
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