2.4 Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

2.5 The provisions of this Section 2 represent a reasonable allocation of the risks under this Agreement. Broadcast Employment Service's willingness to allow you to use the AMFMJobs.com website reflects this allocation of risk and the limitations of liability specified herein.

3. Control of Account. Broadcast Employment Services shall have the right, but not the obligation, to, among other things,

(a) monitor conferences and chats and authorize restrictions on access thereto, and
(b) withdraw, suspend or discontinue any functionality or feature of the AMFMJobs.com website.

Furthermore, Broadcast Employment Services reserves the right, with or without notice to you, to change any of the services offered on the AMFMJobs.com website including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, vendors and/or otherservices. Any rights not expressly granted in this Agreement are hereby reserved by Broadcast Employment Services.

4. Acceptable Use Protocol. Without limiting any of its other rights or remedies contained herein or at law, Broadcast Employment Services may terminate your account (and, thereby, your access to the AMFMJobs.com website) for breaching or otherwise violating any provision of this Agreement including, without limitation, the breach or violation of any one or more of the following provisions which constitute Broadcast Employment Services' "Acceptable Use Protocol. "

4.1 The AMFMJobs.com website will only be used for lawful purposes. Use of the AMFMJobs.com website for the transmission or storage of any information, data or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Without limiting the generality of the foregoing, you agree not to:

• use the AMFMJobs.com website, under any circumstances, to:

  • publish, post, distribute or disseminate defamatory, infringing, obscene or unlawful material or information,
  • create links to other sites, including competiting sites, from the "E-Resume" area, "Digital Talent area", "Situations Wanted" area, message boards, chat rooms, or any other areas without the express, written consent of Broadcast Employment Services.
  • threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others,
  • intercept or attempt to intercept e-mail,
  • send "spamming" e-mail messages,
  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents, and/or
  • upload files that contain a virus or corrupted data,

• delete any author attributions, legal notices or proprietary designations or labels in a file that you upload,
• falsify the source or origin of software or other material contained in a file that you upload,
• use the AMFMJobs.com website in a manner that adversely affects the availability of Broadcast Employment Services' resources to other subscribers or users of the AMFMJobs.com website,
• send e-mail for any purpose other than personal communication including, without limitation, to advertise or offer to sell goods or services to others (except as otherwise expressly permitted by Broadcast Employment Services),
• download a file that you know (or reasonably should know) cannot be legally downloaded (a file may have been uploaded notwithstanding such illegality), and/or
• act, or fail to act, in your use of the AMFMJobs.com website, in a manner that is contrary to applicable law or regulation.

The failure to observe any of the foregoing may result in civil or criminal liability, as well as termination of your account.

4.2 Use of the AMFMJobs.com website for advertising or promotion of a commercial product or service (other than in areas of the AMFMJobs.com website that AMFMJobs specifically designate for such purposes, if any) without the express, written consent of Broadcast Employment Services is prohibited.

4.3 The transmission of chain letters, the conduct or promotion of gaming or lotteries, and the conduct or promotion of any illegal activity via the AMFMJobs.com website is strictly forbidden.

4.4 There may be news groups, electronic mailing lists, bulletin boards,chat rooms, and/or other message or communication facilities on the AMFMJobs.com website which focus on a particular topic or set of topics. You shall use any news groups, electronic mailing lists, bulletin boards, chat rooms, and/or other message or communication facilities only to send and receive messages and materials that are proper and related to the particular news group,electronic mailing list, bulletin board, chat room, and/or other message or communication facility.

4.5 You shall not engage in any conduct that intends to disrupt the normal flow of dialogue within chat rooms.

4.6 Files that are uploaded and your activity in conferences and chats are subject to review, modification and deletion without notice. Files uploaded may be subject to posted limitations on usage, reproduction and/or dissemination,and you are responsible for adhering to such limitations if you download them.

The preceding list is not exhaustive. Broadcast Employment Services reserves the right to prohibit conduct which Broadcast Employment Services deems, in its sole discretion, to be harmful to subscribers or damaging to the communities that make up the AMFMJobs.com website, and you agree to abide by any additional rules of conduct Broadcast Employment Services may adopt from time to time. Broadcast Employment Services cannot, and does not intend to, screen or monitor all communications and other material in advance for adherence to Broadcast Employment Services' standards. However, notwithstanding anything in this Agreement to the contrary, Broadcast Employment Services reserves the right (but is not obligated) to review, delete or edit any material placed on the AMFMJobs site.

5. Refund Policy. By subscribing to any of the services found at AMFMJobs.com including access to the Job Center, E-Resume, Instant Job Notification, Salary Database and Digital Talent, you understand and agree that payments made to access these services are non-refundable. Services may be cancelled at any time, however charges that have been assessed for the current services or billing cycle will remain in effect regardless of when the cancellation has occurred. The billing cycle shall be defined as the period from the beginning of service through completion of the service subscribed to, usually a period of 1 month, 3 months or 1 year. Once you have agreed to purchase AMFMJobs.com Services, you have agreed to full payment regardless of whether you subsequently find a job an no longer need the service, are unable to locate jobs within your chosen field or are simply dissatisfied with the service.

AMFMJobs.com will make every effort to provide you with the Services ordered as governed by the appropriate Terms Of Service and Disclaimers. In the event that AMFMJobs.com determines after a thorough investigation, that you are unable to access paid services either temporarily or altogether, it may elect to either refund all or a portion of your subscription fee or extend an existing account equal to time lost.

6. Information Gathering. Broadcast Employment Services and/or its affiliates may gather, process, and use (and allow others to use) the information which you provide directly (e.g., name, physical address, e-mail address), as well as information regarding the manner in which you use the AMFMJobs.com website. From time-to-time, AMFMJobs may allow others to offer products and/or services to you. If you wish to discontinue receiving such offers, you may give notice thereof to AMFMJobs thereof as provided in Section 13 below.

7. Intellectual Property.

7.1 Except for items in the public domain, all news stories, information, photos, graphics, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and all other materials comprising the AMFMJobs.com website (collectively, the "Works"), are wholly owned by (or licensed to) Broadcast Employment Services and/or its content providers. Except for your noncommercial personal use, the Works may not be sold, reproduced, published, broadcasted via radio or television, or redistributed in any medium, directly or indirectly,in whole or in part, for any commercial or non-commercial purpose, or used for advertising or any other purpose other.

7.2 The AMFMJobs.com website contains copyrighted material, trademarks, and other proprietary information including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the AMFMJobs site is copyrighted under the United States copyright laws. Broadcast Employment Services and/or its affiliates owns a copyright in the selection, coordination, arrangement, and enhancement of such content as well as in any original content. By uploading or otherwise submitting a file or other information ("Your Contribution") to the AMFMJobs.com website, you automatically grant, or warrant that the copyright owner of Your Contribution has expressly granted, to Broadcast Employment Services a perpetual, royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, publicly display and/or perform, modify, store, publish, adapt, translate,create derivative works from, and/or distribute Your Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed for the full term of any copyright that may exist in Your Contribution, as if Your Contribution were public domain information.You similarly permit any Internet user to download, store, manipulate, reformat, view, print and display Your Contribution for that users's personal use.

7.3 Sections 7. l and 7.2 above are for the benefit of Broadcast Employment Services, its affiliates,and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7.4 Without limiting any other rights Broadcast Employment Services may have, Broadcast Employment Services may (but is not obligated to) check uploaded files for viruses and may also remove an uploaded file (in its sole discretion) upon determining that the file is inappropriate for the AMFMJobs.com website.

8. Indemnification. You agree to forever indemnify and hold harmless Broadcast Employment Services and all of its suppliers, content providers, affiliates, licensors, employees, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys' fees), and/or damages arising out of claims based upon use your use of the AMFMJobs.com website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

9. Entire Agreement and Survival. This Agreement contains the full understanding of the parties with respect to the subject matter hereof. The provisions of this Agreement intended for Broadcast Employment Services' benefit will continue in full force and effect even after termination of your account.

10. Modification of Agreement. THIS AGREEMENT MAY BE CHANGED OR MODIFIED FROM TIME TO TIME BY AMFMJobs. NOTICE OF SUCH CHANGES MAY BE GIVEN BY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING ON THE AMFMJOBS.COM SITE, OR BY MAIL (INCLUDING,WITHOUT LIMITATION, E-MAIL). YOUR USE OF THE AMFMJOBS.COM SITE FOLLOWING THE IMPLEMENTATION OF ANY SUCH CHANGES OR MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY SUCH CHANGES AND/OR MODIFICATIONS.

11. Severability. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the parties' original intentions, and the remainder of this Agreement shall remain in full force and effect.

12. No Waiver; Governing Law; Jurisdiction. The failure Broadcast Employment Services to insist upon or enforce strict performance by you of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Broadcast Employment Services nor the trade practice shall modify any provision of this Agreement. This Agreement is governed by the laws of the State of California, USA, and you consent to the exclusive jurisdiction and venue of courts in the State of California, USA in all disputes arising out of or relating to your use of the AMFMJobs.com website and/or this Agreement. Use of the AMFMJobs.com website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this Section 11.

13. Section Headings. Headings of articles and sections in this Agreement are for the convenience of the parties only. Accordingly, they shall not constitute a part of this Agreement when interpreting or enforcing this Agreement.

14. Notices; Consent. Notices given by Broadcast Employment Services to you will be given by e-mail,or by a general posting on the AMFMJobs site. In any matter requiring Broadcast Employment Services consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Broadcast Employment Services. Notices given by you to Broadcast Employment Services must be given by e-mail and addressed to admin@AMFMJobs.com, or by conventional mail. Notices to Broadcast Employment Services by conventional mail must be sent to Broadcast Employment Services, P.O. Box 4116, Oceanside, CA 92052

15. Relationship of Parties. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Broadcast Employment Services. You agree not to hold yourself out as a representative, agent or employee of Broadcast Employment Services,and that Broadcast Employment Services will not be liable by reason of any representation, act or failure to act by you.

16. Export Control. Any software that is made available to download from the AMFMJobs.com website, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA.You and all Associate Account Holders, if any, agree not to export or re-export such software, documentation, and/or information, directly or indirectly,to any countries that are subject to USA export restrictions.

17. Intellectual Property Notices. All contents of the AMFMJobs site are: Copyright 1999-2005 Broadcast Employment Services. and/or its suppliers, P.O. Box 4116, Oceanside, CA 92052 U.S.A. All rights reserved. Broadcast Employment Services and the AMFMJobs.com website and other names of Broadcast Employment Services services referenced in the AMFMJobs.com website are trademarks or registered trademarks of Broadcast Employment Services. Other product and company names mentioned in the AMFMJobs.com website may be the trademarks of their respective owners.