By using this Job Posting service (“Job Posting”) by the Texas Commission on Fire Protection (“TCFP”), you agree to these Job Posting Terms (“Terms”). This is a binding legal contract between you and TCFP, and you should read it carefully before using the Job Posting.
To use the Job Posting, you must be at least eighteen (18) years of age. If you are using the Job Posting to submit an advertisement for an open job position (a “Job Post”), you are a “Job Poster” and should pay special attention to the Terms Specific to Job Posters. If you are using the Job Posting to search, view and apply for jobs, you are a “Job Seeker” and should pay special attention to the Terms Specific to Job Seekers. The General Terms are applicable to both Job Posters and Job Seekers.
Authority. If you are submitting a Job Post on behalf of a business, organization, agency, institution, or other entity (“Employer”), then you are agreeing to these Terms on the Employer’s behalf and represent and warrant that you are an authorized representative of the Employer with the authority to bind the Employer under this contract. Throughout these Terms, the word “you” refers to both you personally and the Employer.
Contents of Job Posts. You are solely responsible and liable for the contents of your Job Post. You may only submit Job Posts that represent real and current job openings. Your Job Post must comply with all applicable local, state and federal laws, rules and regulations, including but not limited to laws relating to anti-discrimination, labor and employment, equal employment opportunity and employment eligibility requirements. You warrant that your Job Post, and any other information that you provide to TCFP in connection with your Job Post, is legal, complete, legitimate, truthful, accurate, non-infringing and not misleading. TCFP disclaims all liability for the contents of your Job Posts.
Publishing a Job Post. TCFP reserves the right to reject any Job Post in its sole discretion. TCFP reserves the right to make non-material edits to your Job Post, such as fixing typos or misspellings, without prior notice to or consent from you. TCFP’s acceptance and publishing of a Job Post does not represent any guarantee or warranty that the Job Post is non-infringing, in compliance with applicable laws, rules or regulations, or otherwise compliant with these Terms.
Rights and Licenses. By submitting a Job Post, you expressly grant to TCFP a royalty-free, perpetual, transferable, sublicensable (through multiple layers of sublicensees), non-exclusive, worldwide license to use, reproduce, adapt, translate, sublicense, and publicly display your Job Post on the Job Posting. This license extends to all contents of the Job Post, including any logo, trademark, trade name, service mark or service name (“Marks”) included in, or provided for use in connection with, your Job Post. In addition, by submitting a Job Post, you consent to the inclusion of your employer’s name and/or Marks in a list of current and previous users of the Job Posting service which may be posted on TCFP’s digital properties or used in other marketing materials. You can revoke this consent at any time by sending an email notice to jobs@tcfp.texas.gov, and we will use commercially reasonable efforts to remove your name and/or Marks from our publicly-posted lists soon as practicable following receipt of such notice. You represent and warrant that you have the rights, power and authority necessary to grant the rights described above and that our use of your Job Post and Marks will not violate any law or infringe the rights of any third party, including but not limited to rights of privacy, publicity or intellectual property.
Violations and Removals. You acknowledge and agree that TCFP may, with no liability or penalty, remove any Job Posts which it determines, in its sole discretion: (a) violates these Terms; (b) is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or in violation of any applicable law, rule or regulation; or (c) may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party. Additionally, TCFP may refuse to accept and publish future Job Posts if any of your previous Job Posts were removed for any of the foregoing reasons.
Job Poster Disclaimers. TCFP does not make any guarantees regarding the number of views, clicks, shares or other Job Seeker interactions that your Job Post may receive. TCFP does not guarantee that your Job Post will generate any specific number of applicants or candidates, or that the applicants or candidates it does generate will be suitable for the position posted. You understand and agree that TCFP does not, and cannot, confirm the identity or qualifications of the Job Seekers that may access or respond to your Job Posts. You are solely responsible and liable for your interactions with Job Seekers whom you may encounter by virtue of your Job Posts, and you assume all risks for such interactions.
Job Seeker Disclaimer. TCFP does not have control over the quality, accuracy, completeness, veracity or legality of Job Posts. You understand and agree that TCFP has no responsibility and assumes no liability for any Job Post posted on the Job Posting or for the actions of any Job Poster. If you are concerned about the legitimacy, legality or safety of any Job Post you find on the Job Posting, you should send an email to jobs@tcfp.texas.gov. Please note that TCFP is not required to take down any Job Post even if notified of a potential concern, and that any failure or refusal to remove such Job Post will not create any duty of care or any liability on the part of TCFP.
Assumption of Risk and Responsibility. You are solely responsible for your interactions with the Job Posters whom you may encounter by using the Job Posting. Please note that there are risks that may arise when dealing with strangers online and in-person, including but not limited to the risk of identity theft or physical harm. You should therefore use caution regarding the information you elect to share as part of your job search. Remember, if the job or the job offer sounds too good to be true, you need to be extra vigilant and conduct your own checks before responding to any communication or taking any action.
Texas Service. The Job Posting is controlled and operated by TCFP from within the State of Texas and is intended only for Job Posters and Job Seekers located in the State of Texas. TCFP makes no representations that the Job Posting or the materials available via the Job Posting, are appropriate or available for use in locations outside of the United States or will comply with international laws, rules and regulations.
Disputes between Job Posters and Job Seekers. If you have any disputes with or claims against any Job Seeker or Job Poster, you agree to pursue any remedies directly with such party, and you forever release TCFP and its respective employees, directors and agents from all claims, demands and damages of every kind and under any legal theory arising in connection with such disputes.
Indemnification. You agree to defend, indemnify and hold harmless TCFP and its respective employees, directors and agents, from and against any and all claims, damages, obligations, losses, liabilities and costs (including but not limited to all legal fees and expenses) arising in connection with your use of and access to the Job Posting, including but not limited to claims alleging: (i) your violation of these Terms or any of the representations and warranties herein; (ii) your violation of any third-party intellectual property rights; (iii) your violation of any applicable law, rule or regulation, including, without limitation, applicable employment and anti-discrimination laws; and (iv) your interactions with Job Posters or Job Seekers.
Universal Disclaimers. THE JOB POSTING IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT:(I) ANY CONTENT PROVIDED ON OR THROUGH THE JOB POSTING SITE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT; (II) THE JOB POSTING SITE WILL MEET YOUR REQUIREMENTS; (III) THE JOB POSTING SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE JOB POSTING SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY INTERACTION BETWEEN YOU AND ANOTHER JOB SEEKER OR JOB POSTER ON THE JOB POSTING SITE. ALL OF THE DISCLAIMERS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TCFP AND ITS RESPECTIVE DIRECTORS, OFFICERS, BOARD MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE JOB POSTING SERVICE, UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), FOR: (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOSSES, OR FOR LOST PROFITS, LOSS OF GOODWILL, LOST OPPORTUNITIES, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, IN EACH CASE WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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