Registration and Subscriber Use Policy

Privacy Reminder -- Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.
This page states the Terms of Use ("Terms") under which you (as defined below) may use www.Earthwormjobs.com("Earthwormjobs.com"), an on-line service to post and search employment opportunities and User (as defined below) resumes. Earthwormjobs.com features Earthworm networking through message boards, an on-line community designed to facilitate valuable professional and personal networking among its Users based on common experiences and interests. Earthworm Jobs also allows Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public.
These Terms include the Earthworm Jobs Privacy Statement and the Earthworm Jobs Premium Fee Policy, each of which is incorporated into these Terms by reference. Please read these Terms carefully. If you do not accept the Terms stated here, do not use earthwormjobs.com and its services. By using Earhtwormjobs.com, you agree to be bound by these Terms, including the Earthworm Jobs Privacy Statement, and, if applicable, the Earthworm Jobs Premium Fee Policy.
Earthworm Inc. ("Earthwormjobs.com") may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on you. The terms "you" and "User" as used herein refer to all individuals and/or entities accessing Earthwormjobs.com for any reason. The term “post” as used herein shall mean information that you submit, publish or display on any Earthworm Jobs Site (as defined below).

1. 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 Earthwormjobs.com in any manner. By visiting Earthwormjobs.com or accepting these Terms, you represent and warrant to Earthworm Jobs 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 Earthworm Jobs that you will use Earthwormjobs.com in a manner consistent with any and all applicable laws and regulations.

4. Specific Prohibited Uses.
The job posting, resume database (“Earthworm Jobs Resume Database”) and other features of Earthwormjobs.com may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Earthworm Jobs Message Boards and Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.
Earthworm Jobs specifically prohibits any other use of Earthwormjobs.com, and all Users agree not to do any of the following: (a) post any jobs on any Earthworm Jobs Web Site for any competitor of Earthworm Jobs or post jobs or other content that contains links to any site competitive with Earthworm Jobs; (b) post jobs or content on any Earthworm Jobs Web Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) use any Earthworm Jobs Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Earthworm Jobs Resume Database to sell or promote any products or services; (d) use Earthwormjobs.com Message Board for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (e) post or submit to any Earthworm Jobs Web Site any incomplete, false or inaccurate biographical information or information which is not your own; (f) post on any Earthworm Jobs Web Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (g) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a Subscriber of any Earthworm Jobs Web Site; (h) delete or revise any material posted by any other person or entity; (i) take any action that imposes an unreasonable or disproportionately large load on any Earthworm Jobs Web Site's infrastructure; (j) notwithstanding anything to the contrary contained herein, use or attempt 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 any Earthworm Jobs Web Site other than the search engine and search agents available from Earthworm Jobs on such Earthworm Jobs Web Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (k) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Earthworm Jobs Web Site; (l) aggregate, copy or duplicate in any manner any of the Earthworm Jobs Content or information available from any Earthworm Jobs Web Site, without express written consent from Earthworm Jobs; or (l) frame or link to any Earthworm Jobs Content or information available from any Earthworm Jobs Web Site.

Earthworm Jobs does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.
If notified by a Subscriber of Subscriber Content or other materials which allegedly do not conform to these Terms, Earthworm Jobs may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the Subscriber Content. Earthworm Jobs and or any of its agents have no liability or responsibility to Subscriber for performance or nonperformance of such activities.

5. Registration Information.
When you register with any Earthworm Jobs Web Site, You will be asked to create a Personal Account or other account and provide Earthwormjobs.com with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with Earthworm Jobs Privacy Statement.
Earthworm Jobs reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Earthworm Jobs or by third parties. Please see Earthworm Jobs Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information.
Without limiting any of the other disclaimers of warranty set forth in these Terms, Earthworm Jobs does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through Earthwormjobs.com or any other Earthworm Jobs Web Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
You understand and acknowledge that you have no ownership rights in your Personal Account, and that if you cancel your Personal Account, all your account information from Earthworm Jobs, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in Earthworm Jobs databases and will be removed from any public area of the Earthworm Jobs Web Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Earthworm Jobs and associated software programs web servers. In addition, third parties may retain cached copies of your Information.

6. User Content and Submissions.
You are solely responsible for your Personal Account information, employer account information or job postings, Profile, 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 ("Subscriber Content") that you post on any Earthworm Jobs Web Site or transmit to other Users. You agree that in submitting Subscriber Content or otherwise using any Earthworm Jobs Web Site that you will not impersonate any person, or submit any materials to Earthwormjobs.com that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
By posting Subscriber Content to any public area of any Earthworm Jobs Web Site, including without limitation, message boards, Profiles, and or forums.  You automatically grant to Earthworm Jobs and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such Subscriber Content (in whole or in part) and to prepare derivative works of, or incorporate into 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) such Subscriber Content, and to grant and authorize sublicenses thereof (through multiple tiers).
You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any Earthworm Jobs Web Site, You also permit any Subscriber to access, display, view, store and reproduce such Subscriber Content for personal use. Subject to the foregoing, the owner of such Subscriber Content placed on any Earthworm Jobs Web Site retains any and all rights that may exist in such Subscriber Content.
Earthworm Jobs was designed to act as a passive conduit for the online distribution and publication of Subscriber Content and has no obligation to screen Subscriber Content, communications or information in advance and is not responsible for screening or monitoring Subscriber Content posted by Users. However, Earhtwormjobs.com may review and remove any Subscriber Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Subscriber of any Earthworm Jobs Web Site. Earthwormjobs.com reserves the right to expel Subscriber and prevent their further access to the Earthworm Jobs Web Sites and/or use of Earthwormjobs.com services for violating the Terms or applicable laws, rules or regulations. Earthworm Jobs may take any action with respect to Subscriber Content that it deems necessary or appropriate in its sole discretion if it believes that such Subscriber Content could create liability for Earthwormjobs.com, damage Earthwormjobs.com brand or public image, or cause Earthwormjob.com to lose (in whole or in part) the services of its ISPs or other suppliers.
Earthworm Jobs does not represent or guarantee the truthfulness, accuracy, or reliability of Subscriber Content or any other communications posted by Subscriber or indorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Subscriber will be at your own risk.
The following is a partial list of Subscriber Content that is prohibited on the Earthworm Jobs Web Sites. The list below is for illustration only and is not a complete list of all prohibited Subscriber Content.

Content that:
•  is implicitly or explicitly offensive, such as User 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";
•  promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
•  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 manufacture-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
•  provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
•  solicits passwords or personal identifying information from other Subscriber.
It is also a violation of the Terms, to include in any Subscriber Content submitted to Earthwormjobs.com Message board information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.
Any Profile you submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you. You may not include in your Profile any telephone numbers, street addresses, email addresses or other means of contacting you, other than your last name and URLs.
In order to protect our Earthworm Jobs Users from commercial advertising or solicitation, Earthworm Jobs reserves the right to restrict the number of e-mails which a Subscriber may send to other Subscriber to a number which Earthworm Job deems appropriate in its sole discretion.
If notified by a Subscriber of Subscriber Content or other materials which allegedly do not conform to these Terms, Earthworm Jobs may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the Subscriber Content. Earthworm Jobs has no liability or responsibility to Subscriber for performance or nonperformance of such activities.
We appreciate hearing from our Subscribers and welcome your comments regarding our services and the Earthworm Jobs Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Earthworm Jobs. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Earthworm Jobs shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

7. Registration and Password.
You are responsible for maintaining the confidentiality of your employer account, Personal Account, Profile and passwords, as applicable.  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 Earthwormjobs.com registrations and passwords, whether or not authorized by you. You agree to immediately notify Earthworm Jobs of any unauthorized use of your employer account, Personal Account, Profile, passwords, as the case may be.

8. Additional Terms Applicable to Earthworm Jobs Message Board.
(a) Message Board Subscribers. The following are the Earthworm Jobs Subscriber levels:
•  A "Browser" has not completed the Earthwormjobs.com registration process or created an account (a "Personal Account"), but may still search a limited number of Postings and view the Earthwormjobs.com free (public) message boards
A "Subscriber", after obtaining a Personal Account and creating a searchable Profile, may be contacted by and respond to other Subscribers, search an unlimited number of Profiles, view a limited number of Profiles, view the Earthworm Jobs message boards, and both view and post to the Earthwormjobs.com free (public) message boards.
(b) Termination of Earthwormjobs.com Account.   Earthworm Jobs may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Personal Account, or such other email address as you may later provide to Earthworm Jobs.

9. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to any Earthworm Jobs Web Site and is accessible on such Earthworm Jobs Web Site in a way that constitutes copyright or trademark infringement, please print and complete the Earthworm Jobs Copyright Infringement and Complaint Form and send such completed form to our designated agent.
We have designated Danielle Bauer as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the Earthworm Jobs Web Sites. You can contact Danielle as follows:
By mail: Danielle Bauer
Compliance and Fraud Prevention
Earthwormjobs.com
2600 West “L” Street
Suite A
Lincoln, NE 68522
By telephone: 1-402-438-8151
By fax: 1-402-438-8161

Send us: Earthworm Jobs Copyright Infringement and Complaint Form
Need help with a job seeker issue? Contact us now.

10. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
Earthworm Jobs and all of its affiliated companies respect the intellectual property of others, and we ask our Subscribers and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of Earthwormjobs.com, you agree not to use Earthwormjobs.com or any other Earthworm Jobs Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Earthwormjobs.com Subscriber, and block access to Earthwormjobs.com and/or the other Earthworm Jobs Web Sites of any Subscriber who repeat infringements of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the Subscriber who is terminated or to the Subscriber whose access is blocked.

11. Earthworm Jobs Liability.
Earthwormjobs.com acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. Earthworm Jobs is not involved in the actual transaction between employers and candidates. As a result, Earthworm Jobs has no control over Subscriber Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Earthworm Jobs makes no representations about any jobs, resumes or Subscriber Content on Earthwormjobs.com. Earthworm Jobs may take any action with respect to Subscriber Content that it deems necessary or appropriate in its sole discretion if it believes that such Subscriber Content could create liability for Earthworm Jobs, damage Earthworm Jobs brand or public image, or cause Earthworm Jobs to lose (in whole or in part) the services of its ISPs or other suppliers. While Earthworm Jobs reserves the right in its sole discretion to remove Subscriber Content, job postings, resumes or other material from Earthwormjobs.com from time to time, Earthworm Jobs does not assume any obligation to do so and disclaims any liability for failing to take any such action.
Earthworm Jobs message board and other services provide a venue for individuals to network for professional purposes and Earthworm Jobs does not screen or censor the Profiles or Subscriber Content on Earthwormjobs.com. Earthworm Jobs is not involved in the actual communications between Earthworm Jobs Subscribers. As a result, Earthworm Jobs has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or Subscriber Content submitted on Earthwormjobs.com and makes no representations about any Profile or Subscriber Content on Earthwormjobs.com.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Subscribers with whom you come in contact through Earthwormjobs.com and/or the other Earthworm Jobs Web Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using Earthwormjobs.com and/or the other Earthworm Jobs Web Sites.

Because User authentication on the Internet is difficult, Earthworm Jobs cannot and does not confirm that each Subscriber is who they claim to be. Because we do not and cannot be involved in Subscriber-to-Subscriber dealings or control the behavior of participants on any Earthworm Jobs Web Site, in the event that you have a dispute with one or more Subscribers, you release Earthworm Jobs (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which 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."

The Earthwormjobs.com/Earthworm Jobs Web Sites and the Earthwormjobs.com/Earthworm Jobs Content may contain inaccuracies or typographical errors. Earthworm Jobs makes no representations about the accuracy, reliability, completeness, or timeliness of any Earthworm Jobs Web Site or the Earthworm Jobs Content. The use of all Earthworm Jobs Web Sites and the Earthworm Jobs Content is at your own risk. Changes are periodically made to Earthworm Jobs Web Sites and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Earthworm Jobs Web Sites. Employers are solely responsible for their postings on Earthworm Jobs Web Sites. Earthworm Jobs is not to be considered to be an employer with respect to your use of any Earthworm Jobs Site and Earthwormjobs.com/Earthworm Jobs shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Earthworm Jobs Site.

Earthworm Jobs cannot guarantee and does not promise any specific results from use of Earthwormjobs.com or any Earthworm Jobs Web Site. No advice or information, whether oral or written, obtained by a subscribers from Earthworm Jobs or through or from Earthwormjobs.com or any other Earthworm Jobs Web Site shall create any warranty not expressly stated herein.

12. Disclaimer of Warranty.
EARTHWORM JOBS DOES NOT WARRANT THAT ANY EARTHWORM JOBS WEB SITE WILL OPERATE ERROR-FREE OR THAT ANY EARTHWORM JOBS WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY EARTHWORM JOBS WEB SITE OR THE EARTHWORM JOBS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, EARTHWORMJOBS.COM IS NOT RESPONSIBLE FOR THOSE COSTS. THE EARTHWORM JOBS WEB SITES AND EARTHWORM JOBS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EARTHWORM JOBS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. EARTHWORM JOBS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE EARTHWORM JOBS CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

13. Disclaimer of Consequential Damages. IN NO EVENT SHALL EARTHWORM JOBS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY EARTHWORM JOBS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY EARTHWORM JOBS WEB SITE AND THE EARTHWORM JOBS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MONSTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Limitation of Liability.
EARTHWORM JOBS MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY EARTHWORM JOBS WEB SITE OR YOUR USE OF THE EARTHWORM JOBS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

15. Links to Other Sites.
Earthwormjobs.com and certain other Earthworm Jobs Web Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Earthworm Jobs of the contents on such third-party Web sites. Earthworm Jobs 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.

16. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Earthworm Jobs Web Site.

17. Indemnity.
You agree to defend, indemnify, and hold harmless Earthworm Jobs, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Subscriber Content or other material You provide to any Earthworm Jobs Web Site, (ii) your use of any Earthworm Jobs Content, or (iii) your breach of the terms of these Terms. Earthworm Jobs shall provide notice to you promptly of any such claim, suit, or proceeding.

18. General.
Earthworm Jobs makes no claims that the Earthworm Jobs Content may be lawfully viewed or accessed outside of the United States. Access to the Earthworm Jobs Content may not be legal by certain persons or in certain countries. If you access a Earthwormjobs.com or other U.S.-based Earthworm Jobs Web Sites 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 Commonwealth of Nebraska, 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 within Lincoln, Nebraska. If any provision of these terms are 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 these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Earthworm Jobs failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Earthworm Jobs ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of Earthwormjobs.com, a particular "Legal Notice," or software license or material on particular Earthwormjobs.com pages, these Terms constitute the entire agreement between You and Earthworm Jobs with respect to the use of Earthwormjobs.com. No changes to these Terms shall be made except by a revised posting on this page.

19. Additional Terms.
Certain areas of Earthwormjobs.com and the other Earthworm Jobs Web Sites are subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas.

20. Certification and CEU Classes.
Earthworm Jobs will showcase and attempt to bring the most current certification classes and CEU classes available. Unfortunately, from time to time training classes are cancelled or changed due to a variety of reasons, including under enrollment, course instructor shortages, re-allocation of learning resources and other logistical problems. While Earthworm Jobs will attempt to keep you apprised, class changes and cancellations are not within Earthworm Jobs control. Accordingly, Earthworm Jobs is not responsible for any loss, damage, liability, expense or other problem or cost that You may incur or that may arise as a result of any class, the instruction received therein, your class being cancelled, or as a result of, or any change in, the subject matter, location or time of the class, or change in the instructor, facilities or equipment used in the class.

21. Term and Termination
These Terms will remain in full force and effect while you are a User of Earthwormjobs.com at any level. Earthworm Jobs reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your Subscriber Content from Earthwormjob.com and the other Earthworm Jobs Web Sites and immediate termination of your registration with or ability to access Earthwormjobs.com and the other Earthworm Jobs Web Sites and/or any other services provided to you by Earthworm Jobs, upon any breach by you of these Terms or if Earthworm Jobs is unable to verify or authenticate any information you submit to Earthwormjobs.com or pursuant to other Earthworm Jobs Web Site registration. Even after you are no longer a Subscriber of Earthwormjobs.com, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8(b), 10 through 21, inclusive.
These Terms constitute a binding agreement between you and Earthworm Jobs, and is accepted by you upon your use of the Earthworm Jobs Web Site. By clicking “I ACCEPT” you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

©2007 Earthwormjobs