Terms of Use

Binding Agreement
These Terms and Conditions, together with all exhibits to these Terms and Conditions (as they may be amended from time to time by Workforce Alliance) form a binding agreement (the "Agreement") between you and Workforce Alliance Inc.  Your access to or use of the Site indicates your acceptance of these Terms and Conditions.  You are agreeing to use the Site at your own risk.

The agreement governs your use of the workforcealliance.com website and the content information and services provided through the website.  It exempts Workforce Alliance Inc.  from liability or limits their liability and contains other important provision that you should read.  Each time you use the website, this agreement as it then reads will govern your use.  These Terms and Conditions are effective as of September 1, 2008.

Introduction

Please read this web page carefully.  It contains the Terms and Conditions governing your access to and use of the Workforce Alliance Website.  If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.  If you are an employer using the Site, you may have entered into a Service Agreement with Workforce Alliance, in which case these Terms and Conditions are part of and incorporated into that Service Agreement.  In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with Workforce Alliance (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the Website.  Workforce Alliance may, at its discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person.  You may not change, supplement or amend this Agreement in any manner.

Eligibility

You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use workforcealliance.com in any manner.  By visiting workforcealliance.com or accepting these Terms, you represent and warrant to Workforce Alliance that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms.  You also represent and warrant to Workforce Alliance that you will use workforcealliance.com in a manner consistent with any and all applicable laws and regulations.  Workforce Alliance may in its discretion refuse permission to access and use the Website.

Disclaimers and Limitations on Workforce Alliance's Liability

Warranty Disclaimers

THE SITE IS PROVIDED ON AN 'AS IS' 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OR ANY KIND, EXPRESSED OR IMPLIED.  WORKFORCE ALLIANCE, 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.  WORKFORCE ALLIANCE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

Without limitation on the foregoing:

WORKFORCE ALLIANCE 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, WORKFORCE ALLIANCE IS NOT RESPONSIBLE FOR THOSE COSTS.

Workforce Alliance 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.  Workforce Alliance makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

You agree to defend, indemnify, and hold harmless Workforce Alliance (and its officers, directors, and employees) 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.  Workforce Alliance 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.

Damage Limitations, Allocations of Liability and Equitable Relief

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.

IN NO EVENT SHALL WORKFORCE ALLIANCE (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, 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, ADVERTISING OR FACILITY COSTS 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, WHETHERE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WORKFORCE ALLIANCE 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 ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN WORKFORCE ALLIANCE'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.

IN NO EVENT SHALL WORKFORCE ALLIANCE (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR ADVERTISERS) BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH WORKFORCE ALLIANCE, THE AMOUNTS ACTUALLY PAID BY YOU TO WORKFORCE ALLIANCE UNDER THIS AGREEMENT IF GREATER THAN U.S. $200.00).

Due to the nature of this Agreement, in addition to money damages, you agree that Workforce Alliance will be entitles to equitable relief upon a breach of this agreement by you.

If you are a California resident, you waive California civil code Section 1542, which says: "A general release does not extend to claims with the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Intellectual Property Rights

The Site and all right, title and interest in and to the Site is the sole property of Workforce Alliance and is protected by U.S. copyright and international treaties.  Except for the limited licenses expressly granted to you in these Terms and Conditions, Workforce Alliance reserves for itself 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 code used to generate Web pages on the Site.  "Workforce Alliance," the Workforce Alliance design logo and certain other names or logos are service marks or trademarks of Workforce Alliance, and all related product and service names, design marks and slogans are the service marks or trademarks of Workforce Alliance.  In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design, and all other graphical elements) are also protected by Workforce Alliance's trademarks, service marks and copyrights.  All other product and service marks contained on the Site are the trademarks of their respected owners.

Acceptable Use of the Site

General Use Rules

The Site is intended for individuals seeking employment and those who desire to improve general employability skills, and for employers seeking candidates for employment.  You may use this Site only for lawful purposes within the state context of Workforce Alliance's intended and acceptable use of the Site.  Workforce Alliance is the sole interpreter of the Site's intended and acceptable use.

License to Use by Users who are Job Seekers

Workforce Alliance hereby grants you a limited, terminable, non-exclusive right to access and use the workforcealliance.com 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 (including Information Record or resume) solely for your personal, non-commercial use.  You agree that you are solely responsible for the content of any Document (including Information Record or resume) you post to the Site and any consequences arising from such posting.  When you register with workforcealliance.com, you will be asked to create a personal account and provide Workforce Alliance with certain information including, without limitation, a valid email address and telephone number.  Information you submit will be used in accordance with the workforcealliance.com Privacy Statement.  Workforce Alliance reserves the right to offer third party services and products to you and to notify you of opportunities that may be of interest.  You understand and acknowledge that you have no ownership rights in your workforcealliance.com account.  You agree that in submitting an application or other content that you will not impersonate any person, or submit any materials that are false, inaccurate, misleading, unlawful or are otherwise in violation of your obligations under these Terms.  by completing and application and providing User Content to the Workforce Alliance Site, you automatically grant to Workforce Alliance an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, communicate and distribute such content and to prepare derivative works of or incorporate into other works such User Content, and to grant and authorize sublicenses thereof.  You also represent and warrant that you have the right to grant or that the holder of any rights has completely and effectively waived all such right and validly and irrevocably granted to you the right to grant use of said material.  You are responsible for maintaining the confidentiality of your account, application and password.  You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your account and password whether or not authorized by you.  You agree to immediately notify Workforce Alliance of any unauthorized use of your account or password as the case may be.  Your use of the Site is a privilege.  Workforce Alliance reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

License to Use by Users who are Employers

Workforce Alliance hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment.  This authorizes you to view and download a single copy of the material on the Site solely for your direct use for the purpose of searching and recruiting job prospects.  You may not sell, transfer or assign any applications, resumes, products or services or your right to any applications, resumes, products or services (including access to the Applicant Database) provided by Workforce Alliance to any third party without the express written authorization of Workforce Alliance.  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.  You are responsible for maintaining the confidentially of your account, application and password.  You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your account and password whether or not authorized by you.  You agree to immediately notify Workforce Alliance of any unauthorized use of your account or password as the case may be.  Workforce Alliance does not represent or guarantee the truthfulness, accuracy, or reliability of any applicant content or any other communications posted by Users.  You acknowledge that any reliance on material posted or provided by applicants will be at your own risk.  Because User authentication on the Internet is difficult, Workforce Alliance cannot and does not confirm that each User is who they claim to be.  Because we do not and cannot be involved in User-to-User dealings or control the behavior of applicants, in the event that you have a dispute with one or more Users, you release Workforce Alliance from claims, demands and damages of every kind and nature known, and unknown, suspected and unsuspected, arising out of or in any way connected with such disputes.  You understand and acknowledge that you have no ownership rights in your workforcealliance.com account, and that if you cancel your account or it is closed for non-payment or violation, all your account information including applications, job postings, descriptions and applicant tracking statistics will be marked as deleted in the workforcealliance.com database and will be removed from any public are of the workforcealliance.com Site.

Employer agrees with respect to its uses of the workforcealliance.com Website to comply with all applicable local, national and international laws, including but not limited to laws relating to labor and unemployment (including without limitation the U.S., Equal Employment Opportunity Commission's Uniform Guidelines on Employee Selection Procedures), data privacy, data access and use, and intellectual property.  Without limiting the foregoing, Employer agrees to comply with all laws relating to equal employment opportunity and employment eligibility requirements and acknowledge that job postings may not require U.S. citizenship or lawful permanent residence in the U.S. as a condition of employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state or local government contract. 

Workforce Alliance reserves the right to suspend or terminate your access and use at any time if Workforce Alliance determines that you are in breach of any of these Terms and Conditions.

Specific Prohibited Uses

Workforce Alliance specifically prohibits the following, and all Users agree not to do any of the following:

a. Post any jobs on workforcealliance.com for any competitor of Workforce Alliance or post jobs or other content that contains links to any site competitive with Workforce Alliance

b. Send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes

c. Take any action that imposes an unreasonable or disproportionately large load on any Workforce Alliance infrastructure

d. Aggregate, copy or duplicate in any manner any of the Workforce Alliance content

Content that is implicitly or explicitly offensive of illegal is strictly prohibited.  Prohibited uses include but are not limited to 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.

Allocation of Responsibility

Workforce Alliance assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users.  Workforce Alliance acts as a venue for employers to post job opportunities and candidates to post Information Records and resumes.  Workforce Alliance is not obligated to screen or censor the listings.  Workforce Alliance has not control over user content, the quality, safety or legality of the jobs or applications posted, the truth or accuracy of the listings, the ability of the employers to offer job opportunities to applicants or the ability of applicants to fill job openings.  Workforce Alliance makes no representation about any jobs, applications or user content on workforcealliance.com.  Workforce Alliance has not obligation to screen communications or information in advance and is not responsible for screening and monitoring Documents posted by Users.  If notified by a User of a Document which allegedly does not confirm to this agreement, Workforce Alliance may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document.  Workforce Alliance has no liability or responsibility to Users for performance or nonperformance of such activities.  Workforce Alliance may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.   

No Endorsements by Workforce Alliance

Workforcealliance.com contains links to third party websites.  These links are provided solely as a convenience to you and not as an endorsement.  Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise.  If you decide to access linked third-party websites, you do so at your own risk.

No Guaranty of Results

Workforce Alliance does not guarantee that Documents 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, made by any User.

Amendments to this Agreement and Changes to the Site

Workforce Alliance 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 any notice of such changes).  Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). 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 Workforce Alliance unless Workforce Alliance agrees to them in a signed writing specifically including those new or different terms. Workforce Alliance may change the Site at any time.

Questions and Notices

Questions concerning the use of the Site should be directed to jobs@workforcealliance.com.  Notices shall be sent, for Workforce Alliance, to 110 James Drive West  Suite 115 St. Rose, LA 70087, and, for you, to the address submitted by you or such other address as Workforce Alliance reasonably determines is an appropriate address for you.

General

Workforce Alliance 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 Workforce Alliance from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  This Agreement and your Service Agreement, if you have one, shall be constructed in accordance with the domestic laws of the State of Louisiana U.S.A., without reference to the conflicts of laws principles thereof.  The sole relationship between you and Workforce Alliance 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.  Except as expressly provided by Workforce Alliance in a particular "Legal Notice," and your Service Agreement where applicable, constitute the entire agreement between you and Workforce Alliance.

Definitions

The following definitions apply to this Agreement:

Content, Text, Graphics, Design, Programming and Services as applicable in the context.

-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 and server-side code used on the Site

-Document - refers to any posting to the Site, whether information record, resume, application or job

-Services - means any services provided on the Site by Workforce Alliance or its agents

-User - refers to any individual or entity who uses any aspect of the Site

-Job Seeker - means a User who is accessing the Site to search for a job or in any other capacity except as an Employer

-Employer - means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment

-"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