PowerDMS Terms of Use

Last Updated: February 24, 2023

Governmentjobs.com, Inc. D/B/A NEOGOV on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (referred to as “NEOGOV”, “Company,” “we”, “our”, or “us”) offers proprietary web-based software-as-a-service applications, including via mobile applications (collectively, the “SaaS Applications”), and maintains various websites under its control, including www.neogov.com, www.neoed.com, www.powerdms.com, www.governmentjobs.com, and www.schooljobs.com, and the subdomains and subdirectories of each as well as any website applications, content or functionality offered on or through the foregoing (collectively, the “Websites” and together with the SaaS Applications, the “Services”).

By using the Services, you accept and agree to be bound and abide by the following terms and conditions (the “Terms of Use”), together with our Privacy Policy, found at https://www.powerdms.com/privacy-policy, incorporated herein by reference (the “Privacy Policy”), regardless of whether you registered as a user or you are a job seeker or employer (“you” or “your”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. Also, by agreeing to this Terms of Use you waive, to the extent permitted under applicable law, any rights or legal requirements that require an original (non-electronic) signature or the delivery or retention of non-electronic records in order for a contract to be legally binding.

If you use the Services as part of a paid subscription, the Service features and functionalities available to you are determined by the specific terms agreed to between NEOGOV and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Contract”). The terms and conditions within such Customer Contract shall control to the extent of any direct conflict with these Terms of Use.

If you are using a SaaS Application on behalf of a Customer, by accessing or using the SaaS Application, you acknowledge and agree to be bound by these Terms of Use and Privacy Policy and you shall be responsible for (and must have sufficient authority to take) all actions that are performed on or through your registered account, including any procurement or use of third party products or services (and associated disclosure of data) in connection with the SaaS Application. If you have been added or invited to the SaaS Application, the party that administers such SaaS Application (and not you) controls your use of that SaaS Application, including but not limited to adding or removing you from that SaaS Application, enabling or disabling third-party integrations, and managing permissions. Any content that you submit or upload to the SaaS Application may be retained, accessed, used, modified, shared, or removed by the party that administers such SaaS Application. You acknowledge that your account can become managed by the entity that owns or controls the email address domain with which your account was created or registered.

Please read the Terms of Use carefully before you start to use the Services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Eligibility. These Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us. Otherwise, you must not access or use the Services. In addition, we are based in the state of California in the United States. The Services can be accessed from certain countries around the world. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Services from territories where the Services are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations.
Accessing Services and Account Security. Subject to your compliance with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the applicable Services. Unless NEOGOV has entered into a Customer Contract permitting you to use the Services for transactions on the Customer’s behalf, you may only use the Services for transactions on your own behalf. If you use the Services on behalf of a Customer or other entity or natural person, you represent and warrant that you are authorized to do so.
To access the Services or some of the resources offered through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by the Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Terms not defined herein shall retain their meaning as set forth in the Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information, as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information.
As between you and others (including Customers), your account belongs to you. However, if the Services were purchased by a Customer for you to use, the Customer has the right to control access to and get reports on your use of such paid Service.
You agree to (i) notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security of which you become aware, (ii) assist us using commercially reasonable efforts in maintaining confidentiality, and (iii) assist us as reasonably necessary to enforce our rights and to enable us to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
Termination. You may terminate your account at any time. If you violate any provision of these Terms of Use, your permission from NEOGOV to use the Services will terminate automatically. In addition, NEOGOV may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice.
NEOGOV may alter, suspend or discontinue the Services or any portion of the Services without notice. NEOGOV will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services.
Our rights to use and disclose your feedback shall survive termination.
Intellectual Property Rights. The Services and its entire contents, features, and functionality (including but not limited to all information, software, specifications, text, displays, images, video, and audio, code that NEOGOV creates or displays to generate or display content, and the design, design marks, trademarks, service names, slogans, selection, and arrangement thereof)(the “NEOGOV Content”) are owned by NEOGOV and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Services for your personal, non-commercial use only, and in the case of Customers, for internal business use only, subject to the license rights specified in these Terms of Use. Nothing in these Terms of Use shall be construed as granting to you a license to NEOGOV Content under any copyright, trademark, patent, or other intellectual property right except as follows:
1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks. “NEOGOV,” “NEOED”, “Governmentjobs.com,” “Schooljobs.com,” “PowerDMS,” and certain other names or logos are our trademarks, and all related product and service names, design marks, and slogans are our trademarks or service marks, excluding the marks of our partners. You must not use such marks without our prior written permission. We also retain the rights in the designated color schemes and column names provided within the Services. The “look” and “feel” of the Services (including color combinations, button shapes, layout, design, and all other graphical elements not uploaded or implemented by Customers) are also our trademarks or copyrights.
Prohibited Uses. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You must not:
1. Submit or post anything to the Services that contains software viruses, worms, or any other harmful code.
2. Create a false identity as a user of the Services, misrepresent your identity, create a profile for anyone other than yourself (a real person), post any incomplete, false, or inaccurate résumé information or information which is not your own accurate résumé, or use or attempt to use another’s account.
3. Disclose information that you do not have the consent to disclose (such as confidential information of a Customer);
4. Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, license, transfer, sell or transmit or make copies of any NEOGOV Content or materials from the Services or modify, create derivative works from, distribute, publicly display, publicly perform, or sublicense the Services.
5. Delete or alter any legal notices, copyright, trademark, or other proprietary rights notices from copies of materials from this site.
6. Reverse engineer, decompile, disassemble, or otherwise attempt to discover or directly access the source code or any underlying ideas or algorithms of any portions of the Services or any underlying software or component thereof
7. Access or use for any commercial purposes any part of the Services or any services or materials available through the Services (except on behalf of a Customer for internal business use).
8. Reproduce, display, publicly perform, distribute, or otherwise use the Services or the NEOGOV Content in any manner that is likely to cause confusion among consumers, that disparages or discredits NEOGOV, or that interferes or attempts to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services.
9. Violate the intellectual property rights of NEOGOV or of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, copying or distributing (except through the available sharing functionality) the posts or other content of others without their permission.
Further, you agree not to use the Services:
1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
3. For the unlawful use of any personally identifiable information of other users of which you may be exposed to.
4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
5. To send unsolicited mail or email, make unsolicited phone calls or send unsolicited texts, tweets or faxes promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted by you.
6. To respond to any employment opportunity for any reason other than to apply for the job.
7. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm NEOGOV or users of the Services or expose them to liability.
8. To use any “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar process, to access, acquire, copy or monitor any portion of the Services or any NEOGOV Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.
9. To attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Services or to any NEOGOV server, or to any of the services offered on or through the Services, by hacking or any other illegitimate means.
10. To scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services.
11. To take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or NEOGOV’s systems or networks, or any systems or networks connected to the Services, or to NEOGOV or interferes with the proper working of the Services.
12. To attack the Services via a denial-of-service attack or a distributed denial-of-service attack including via means of overloading, “flooding,” “mailbombing,” or “crashing,”.
13. To access the Services in order to build, assist, or facilitate the assembly of a competitive product or service, to build a product using similar ideas, features, functions, or graphics of the System, or to copy any ideas, features, functions, or graphics of the Services
  If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance. You may not use the Services in a way that would subject NEOGOV to those industry-specific regulations without obtaining NEOGOV’s prior written agreement, such as using the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations).
  Your level of access should be limited to ensure your access is no more than necessary to perform your legitimate tasks or assigned duties. If you believe you are being granted access that you should not have, you must immediately notify NEOGOV.
Monitoring and Enforcement; Termination. You agree that we may monitor the Services to (1) comply with any applicable laws, regulations, or other government requests, (2) operate the Services or to protect our interests and those of our users and members, and (3) for such other purposes as we may deem reasonably necessary or appropriate from time to time. More specifically, we have the right to:
1. Remove or refuse to post any User Contributions (as defined below) for any or no reason in our sole discretion.
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards set forth below, if we believe that such information could create liability for us, damage our brand or public image, cause us to lose users (in whole or in part), or interfere with the services of our ISPs or other suppliers, or if we believe the User Contribution is abusive, disruptive, offensive, illegal, violates the rights of, or harms or threatens the safety of users or public, infringes any intellectual property right, or violates the law.
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
5. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS GOVERNMENTJOBS.COM, INC. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER GOVERNMENTJOBS.COM, INC. OR LAW ENFORCEMENT AUTHORITIES.
  Notwithstanding the foregoing, we are not responsible for screening, policing, editing, or monitoring postings and encourage all users to use reasonable discretion and caution in evaluating or reviewing any post. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards. These Content Standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
5. Be likely to deceive any person.
6. Promote any illegal activity or advocate, promote, or assist any unlawful act.
7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  In addition, you shall be solely responsible for the legality, accuracy and completeness of all records, data, and information provided, submitted, or uploaded by you in connection with this Terms of Use or use of the Services.
User Contributions. The Services may contain message boards, forums, bulletin boards, and job boards, (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) materials or content, including feedback (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. You represent that you have all necessary rights to make a post, and you also acknowledge that we have no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. By providing any User Contribution on the Services, you grant us and our affiliates a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. Notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Services, we do not become a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a posting. Moreover, we assume no responsibility for the deletion of or failure to store any posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
We are under no obligation to edit or control User Contributions and will not be in any way responsible or liable for any User Contributions. You understand that when using the Services, you may be exposed to User Contributions of other users and acknowledge that User Contributions may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against NEOGOV with respect to User Contributions. NEOGOV expressly disclaims any and all liability in connection with User Contributions. If notified by a user or content owner that User Contributions allegedly do not conform with these Terms of Use, NEOGOV may investigate the allegation and determine in NEOGOV’s sole discretion whether to remove the User Contributions, which NEOGOV reserves the right to do at any time and without notice.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NEOGOV, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Text Message and Email Communications. We may offer you the opportunity to receive text message and email notifications regarding notices, reminders, status updates, support, administrative message and disclosures, or other related human resource related notices from us or our Customers. Communications through these methods may be routed through a third-party service.
SMS messages will be sent to you strictly in accordance with your preferences, and only after you have explicitly opted in. If you change your mind at any time, and no longer wish to receive SMS messages, reply to a message with the word “OPTOUT” in all capital letters. Afterwards, should you choose to begin receiving messages again, reply with the word “OPTIN” in all capital letters.
Job seekers may also control their receipt of SMS messages through their job seeker Account preferences, by contacting the Customer whom the text message pertains to, or by notifying NEOGOV Support at: customersupport@GovernmentJobs.com.
Should you allow SMS messages sent to you by NEOGOV or NEOGOV Customers, you agree to accept such text messages on your mobile phone including messages sent by automated telephone dialing system. You certify that you are the owner of the mobile phone entered or are authorized to use this mobile phone to receive SMS.
You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. The number of messages you receive will vary depending on the number of jobs you applied to, jobs you searched for, or the number Customers you allow to contact you. You may receive a text message confirming your subscription. NEOGOV reserves the right to suspend or terminate your SMS messages for any reason, with or without notifying you.
Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. If your mobile number changes, you are responsible for informing the Customer of that change. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Copyright Infringement. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. We do not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information. Under the DMCA, we are required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications through the Service. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by regular mail only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
2. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Service. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address:
  NEOGOV
  Attention: DMCA Designated Agent
  2120 Park Place, Suite 100
  El Segundo, California 90245
  Or by e-mail:
  If you are a job seeker, please contact: support@GovernmentJobs.com
  If you are a Customer (an employer), please contact: customersupport@GovernmentJobs.com
Reliance on Information Posted. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Changes to the Services. We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Relay of Content. NEOGOV relays content including but not limited to resumes, cover letters, applications, messages, questionnaire answers, responses, offer letters and other materials. You acknowledge that you are asking NEOGOV to send this content on your behalf. We process, monitor, review, store and analyze such content, for data analysis, security, quality control, enforcement of the Terms of Use, content moderation, and to improve the Services. As a result, or due to technical malfunction, in certain circumstances such content may be delayed or may not be delivered to the intended recipient. NEOGOV may notify you in such an event. By using the Services, you acknowledge that this activity is necessary for maintaining the quality and provisioning of the Services.
Linking to the Services and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We may disable all or any social media features and any links at any time without notice in our discretion.
Additional Terms for Third-Party Services. The Services may help users to access and connect to third parties offering their services outside of the NEOGOV Services (PowerLine, PowerEngage, etc.) or third parties offering their services integrated with NEOGOV Services (i.e. background check providers and skills assessors). NEOGOV does not perform nor employ individuals to perform these services. You acknowledge that NEOGOV does not supervise, direct, control or monitor such third parties in the performance of these services
1. Links and Third-Party Content on the Services. If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not control these services and are not responsible for their availability, content, or any malware accessed through them. Your correspondence or any other dealings with third parties found on the Services are solely between you and such third party. Accordingly, we expressly disclaim responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Services, and you agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Services. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You are advised to read all terms and conditions of any third-party service.
2. Specific Third-Party Providers.
  Background Checks. Some of the Services allow users to use our third-party background check partner’s services to submit an application and background check to a Customer. If you are a job seeker or personnel using the background check services, you authorize NEOGOV to obtain your background check report, including criminal and eviction history, and to share that information with Customers you submit an application to, and agree to the background check companies terms of use or related end user agreement available at the background check companies’ website. If you are personnel or other Customer agent using the background check services on behalf of a Customer, you agree to use the background check reports in compliance with law and agree to the background check companies terms of use or related end user agreement available at the background check companies’ website.
NEGOV is not an employer. You acknowledge that NEOGOV exercises no control over employer human resource practices implemented using the Service or decisions as to employment, promotion, termination, or compensation of any job seeker or personnel. Employers are solely responsible for their postings on the Services. NEOGOV is not to be considered to be an employer with respect to your use of any NEOGOV Service and NEOGOV shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any NEOGOV Service. In addition, employers are responsible for the privacy, collection, use, retention and processing of employer owned data, and providing any and all notices regarding the foregoing, in compliance with all applicable laws.
NEOGOV is not a healthcare provider. Through certain the Services, NEOGOV may make certain healthcare services available to you. NEOGOV is not a healthcare provider. NEOGOV’s role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine, expert medical services, and/or emergency medical services. NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers’ acts, omissions or for any content or communications made by them. NEOGOV does not engage in the practice of medicine.
The Services do not provide medical advice and do not create a healthcare provider/patient relationship between you and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or Your doctor or other qualified healthcare provider for all medical emergencies. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR INFORMATION THAT YOU MAY OBTAIN THROUGH THE SERVICES.
NEOGOV’s Disclaimers. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
NEOGOV SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR OTHER CONSEQUENCES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF DELAY IN OR INABILITY TO DELIVER ANY SERVICES DUE TO CIRCUMSTANCES OR EVENTS BEYOND NEOGOV’s REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: (A) ACTS OF GOD; (B) CHANGES IN OR IN THE INTERPRETATION OF ANY LAW, RULE, REGULATION, OR ORDINANCE; (C) STRIKES, LOCKOUTS, OR OTHER LABOR PROBLEMS; (D) TRANSPORTATION DELAYS; (E) UNAVAILABILITY OF SUPPLIES OR MATERIALS; (F) FIRE OR EXPLOSION; (G) RIOT, MILITARY ACTION, OR USURPED POWER; OR (H) ACTIONS OR FAILURES TO ACT ON THE PART OF A GOVERNMENTAL AUTHORITY.
NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SERVICES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEOGOV NOR ANY PERSON ASSOCIATED WITH NEOGOV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER NEOGOV NOR ANYONE ASSOCIATED WITH NEOGOV REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEOGOV HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOGOV, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE SERVICES, UNDER ANY CIRCUMSTANCE, CAUSE OF ACTION OR THEORY OF LIABILITY, OR DUE TO ANY EVENT WHATSOEVER, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, LOSS OF DATA, EVEN IF FORESEEABLE OR NEOGOV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF NEOGOV’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF NEOGOV, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. To the extent permitted by law, You agree to defend, indemnify, and hold harmless NEOGOV, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.
General. Unless otherwise stipulated, the Terms of Use, Privacy Policy, and documents incorporated herein constitute the sole and entire agreement between you and NEOGOV regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. You may not assign any part of this Terms of Use without NEOGOV’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
Waiver and Severability. No waiver by NEOGOV of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NEOGOV to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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