Last Updated: August 7, 2019
The following terms and conditions apply to all Job Seekers, Employers, and/or other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. By using this website and/or our services, you accept these Terms and Conditions.
KentuckyWorks.com may revise these Terms and Conditions at any time by updating this document and providing appropriate notification therewith.
Use of Site and Content
KentuckyWorks.com exclusively owns all content on this site including, but not limited to, text, graphics, logos, data, page layout and look and feel of the web pages (all referred to as the "Content"). The Content is protected under U.S. and international copyright laws. Your use of our services or website gives you no rights in or to our copyrights, trademarks, trade secrets, or any other intellectual property rights displayed on our site.
You must display all copyright, trademark, service marks and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell or modify the Content or reproduce, display, distribute or otherwise use, publicly or privately, the Content for any commercial or other purpose not specifically authorized by us. The use of the Content on any other website, in a link from any other website or in a networked computer environment for any purpose is prohibited.
You are not permitted to use KentuckyWorks.com’s Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. KentuckyWorks.com reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, you must have a prior written agreement to do so.
KentuckyWorks.com may offer you the opportunity to receive text messages related to, but not limited to, application completion reminders, scheduled interview reminders, or notifications of steps taken with your application. By entering your phone number during registration (or updates made post-initial registration) you are representing and confirming it is your number and you have the right to accept text messages at the number. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to receive such text messages.
In addition, please note that KentuckyWorks.com may automatically send you recommended jobs via the email address you use to create an KentuckyWorks.com account or apply to a job. KentuckyWorks.com may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application or resume to an Employer through KentuckyWorks.com.
By using KentuckyWorks.com, you agree that KentuckyWorks.com is not responsible for the content of the Employer’s Job Ad, application form, messages, screener questions, testing assessments or their format or method of delivery and that KentuckyWorks.com does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that KentuckyWorks.com does not choose the questions asked by Employers or decide the job qualification criteria of Employers.
The Site may contain links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that KentuckyWorks.com is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. These links are provided solely as a convenience to you and not as an endorsement by KentuckyWorks.com of the contents on such third-party websites. KentuckyWorks.com 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 websites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site. We are not responsible for any content or services provided by these third parties and disclaim all liability from anything that may occur when you utilize such third parties.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing) or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. KentuckyWorks.com may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. KentuckyWorks.com reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although KentuckyWorks.com has no obligation to do so, KentuckyWorks.com may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in KentuckyWorks.com’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted. You acknowledge and agree that KentuckyWorks.com does not have any obligation to remove any User Content, and any decision regarding: i) whether any User Content violates any KentuckyWorks.com policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on KentuckyWorks.com, will always remain within the sole discretion of KentuckyWorks.com.
Without limiting the generality of the foregoing, KentuckyWorks.com reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criterion are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law.
License to User Content
You grant to KentuckyWorks.com, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any KentuckyWorks.com marketing materials containing or incorporating such User Content, or (iii) any actions by KentuckyWorks.com to promote or publicize such User Content (e.g. Job Listings), including without limitation the use of keywords in third-party internet search engines.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless KentuckyWorks.com and its affiliates from any claims resulting from any such User Content.
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by KentuckyWorks.com, unless you have been specifically allowed to do so in a separate, written agreement with KentuckyWorks.com. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with KentuckyWorks.com, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that KentuckyWorks.com has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which KentuckyWorks.com may suffer) of any such breach.
You agree that you shall not transmit to KentuckyWorks.com or upload to or through the Site (whether as User Content or otherwise) any Harmful Code or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
- sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- sending messages to users who have asked not to be contacted; and
- selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure;
- Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. KentuckyWorks.com may block the transmission of such content.
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
- Conduct or forward pyramid schemes or similar programs.
- Transmit content that may be harmful to minors.
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
- Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from KentuckyWorks.com.
- Violate the legal rights (such as rights of privacy and publicity) of others.
- Promote or encourage illegal activity.
- Interfere with other KentuckyWorks.com users’ enjoyment of the Site.
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any KentuckyWorks.com account.
- Modify, adapt, translate, or reverse engineer any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
- Reformat or frame any portion of the web pages that are part of the Site without KentuckyWorks.com’s explicit written permission.
- Bypass any limitations or suspensions of functionality.
- Provide false information.
- Scrape or otherwise replicate any KentuckyWorks.com content for competitive purposes
If you use the Site, you agree to KentuckyWorks.com enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to KentuckyWorks.com’s message relay, or of your use of any other functions of the Site, with or without notice. KentuckyWorks.com shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
At your discretion, you may provide feedback and related materials to KentuckyWorks.com concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place KentuckyWorks.com under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, KentuckyWorks.com does not waive any rights to use similar or related ideas previously known to KentuckyWorks.com, or developed by its employees, or obtained from sources other than you.
Registration; Contact Information
Some areas of the Site, including areas that may permit you to set up an KentuckyWorks.com account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. If you are an Employer, your account is for business use and not for personal use. KentuckyWorks.com is not responsible and disclaims all liability if your email is used improperly or falsely by a third party.
Disclaimer of Warranties
KentuckyWorks.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the KentuckyWorks.com search results (including Jobs Listings) or otherwise made available on the Site by KentuckyWorks.com or third parties (including User Content). KentuckyWorks.com disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). KentuckyWorks.com further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall KentuckyWorks.com be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall KentuckyWorks.com be liable to you or any third party on account of your use or misuse of or reliance on any third-party site or service you link to from KentuckyWorks.com’s Site.
KentuckyWorks.com further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by KentuckyWorks.com as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will KentuckyWorks.com be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. KentuckyWorks.com AND ITS AFFILIATES, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KentuckyWorks.com AND ITS AFFILIATES, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KentuckyWorks.com OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF KentuckyWorks.com OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF KentuckyWorks.com AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID KentuckyWorks.com TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall KentuckyWorks.com or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Severability and Reformation
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by KentuckyWorks.com. This Agreement, together with any amendments and any additional agreements you may enter into with KentuckyWorks.com in connection with the Site, shall constitute the entire agreement between you and KentuckyWorks.com concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an KentuckyWorks.com employee shall not constitute an amendment or alteration of this Agreement.
You understand and acknowledge that KentuckyWorks.com or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. KentuckyWorks.com reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
In the event of a conflict or inconsistency between the Terms and Conditions and written agreements signed by our authorized representative, the Terms and Conditions shall prevail.
These Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of this website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
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