Subscriber Agreement and Conditions of Membership

Subscriber Agreement

The Avjobs Portal service and the functions, facilities, and services related thereto ("Service") is a subscription service within a proprietary World Wide Web site operated and maintained by Avjobs, Inc. ("Company"), a private corporation, at the URL: http://www.avjobs.com and http://members.avjobs.com and http://employers.avjobs.com (the "Avjobs.com Web Site" and the "Service Web Sites," respectively). The Service consists of multiple subscription services, each of which is described in paragraph 15(a) of this Agreement, and each of which is for use solely by individuals and/or entities who are authorized by the Company to use it. As used in this Subscriber Agreement ("Agreement"), the terms "you," "your" and "Subscriber" refer to the individual, company, organization or other legal entity on whose behalf this Agreement is accepted.

By completing the registration form, you are applying to become a paid Subscriber to the particular subscription service(s) that you select ("Subscription"). This Agreement sets forth the terms and conditions on which the Company is willing to permit your use of the Service and your responsibilities as a Subscriber. If your application to become a Subscriber is accepted by the Company, you agree to use the Service in strict accordance with, and to be bound by, all of the terms and conditions contained in this Agreement. If you do not wish to be bound by this Agreement, simply DO NOT complete the registration form and you will be returned to the Avjobs.com Web Site home page.

If you are applying for a Subscription under a Multiple User Plan, as described in paragraph 15(d)(1) below, you agree to obtain, for the benefit of the Company, the consent to the terms and conditions of this Agreement by all Additional Users designated by you and to be responsible for the full compliance with the terms and conditions of this Agreement by all such Additional Users. Only companies, organizations or other legal entities may be Subscribers under Multiple User Plans, and Additional Users under Multiple User Plans must be employees of the Subscriber. This Agreement may be viewed at any time by you and Additional Users at http://www.avjobs.com or http://members.avjobs.com or http://employers.avjobs.com. If you are an Additional User of a Subscription under a Multiple User Plan, as described in paragraph 15(d)(1) hereof, all of the rights, obligations and agreements of Subscribers stated in this Agreement (whether referred to as "Subscriber," "you" or "your") shall apply equally to you as an Additional User, except for the obligation to pay the Subscription fees and any other rights, obligations or agreements expressly excepted from application to Additional Users.

This Agreement is between you and the Company. The Company may be reached through the following e-mail address: support@avjobs.com. Use of the Service signifies your agreement to all of the terms and conditions set forth in this Agreement and modifications thereto made in accordance with paragraph 13 hereof.

1. Subscription Services and Pricing

The subscription services provided through the Service are described in paragraph 15(a) below. Each subscription service provides access to one or more databases (the "Database(s)") and is available under both Single User Plans and Multiple User Plans, each of which are available on both monthly and annual Subscription plans at the rates set forth in paragraph 15(d)(1) below, subject to the Company's right at any time to increase or otherwise modify the Subscription rates, or types of Subscriptions available. Notice of changes in rates and/or types of subscription services will be sent to Subscribers via e-mail notification, or will be posted on the Service Web Sites or at the Avjobs.com Web Site.

2. User Name and Password

(a) Subscribers will be issued their own identification code ("User Name") and password ("Password") at the time of application to become a Subscriber. The User Name and Password issued will be required to access your Subscription on the Service. Subscribers may access the Service only using their User Name and Password, and (except as expressly provided below for Multiple User Plans) may not allow any other person to access the Service using their User Name or Password. Subscribers shall not disclose their Password to any other person or entity and shall make all reasonable efforts to maintain their Password as secret and confidential. Subscribers under a Multiple User Plan shall disclose their User Name and Password only to the number of Additional Users permitted under the Multiple User Plan for which the Subscription fee is paid. Additional Users must be employees of the Subscriber to the Multiple User Plan.

(b) Subscribers are solely responsible for maintaining the confidentiality of their Password, and for all use, whether authorized or unauthorized, of the Service under their User Name and Password. The Company shall have no obligation with regard thereto. If the individual Subscriber has subscribed on behalf of a library or other public institution entitled under paragraph 4(c) to extend the license rights herein granted to patrons of such institution, the Subscriber shall personally access the Subscription prior to permitting access thereto by the patron, without disclosing the Subscriber's Password to the patron.

(c) Subscribers must promptly inform the Company if they suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of any User Name, Password, or credit card number used in connection with the Service. Until the Company is properly notified of a breach of security by e-mail notice at support@avjobs.com or by fax at 1-888-624-8691, the Subscriber will remain responsible for any unauthorized use of the Service occurring under the Subscriber's User Name and Password. Liability for unauthorized use of your credit card is subject to your agreement with your credit card company.

(d) Logs of all accesses to the Service may be kept and (except in the case of Multiple User Plans) logins from more than three (3) distinct second-level domains shall constitute proof of violation of a Subscriber's obligation not to disclose his/her Password, and may result in the Company's termination of the Subscriber's access to the Service, without notice or warning.

(e) REMEMBER YOUR USER NAME AND PASSWORD! If you forget either of them, the Company may disclose them to you under security procedures determined by the Company, which may result in substantial delays in your ability to access the Service.

3. Grant of Rights

This Agreement constitutes a non-exclusive, non-transferable license to use the Service in strict accordance with the provisions of this Agreement. The Database(s) and all other aspects of the Service are the property of the Company and are protected by copyright laws and international treaties. This Agreement does not grant you the right to use any Company trademark, service mark, or logo for any purpose whatsoever.

4. License Rights

Upon your acceptance as a Subscriber or selection by a Subscriber as an Additional User, and subject to the restrictions in paragraph 5 below, you are hereby granted a non-exclusive license to:

(a) Use the Service to perform searches of the Database(s) included in your Subscription; and

(b) Print hard copies of any search output that does not contain a significant segment of the Database(s), which copies (i) may be used by Subscriber for INTERNAL PURPOSES ONLY; (ii) must retain the Company's copyright information on said hard copies; and (iii) may not be sold or distributed.

The license rights granted herein are limited to the Subscriber and authorized Additional Users alone and do not extend to any subsidiary, parent, related or affiliated organizations, OR TO ANY THIRD PARTY, except that where the Subscriber is a library or other public institution, Subscriber's rights to use the Service and the Database(s) are extended to the patrons of those institutions as well, so long as such use is in accordance with the terms of this Agreement. All rights not expressly granted in this Agreement are reserved to the Company.

5. Restrictions

(a) Subscriber shall not sell, distribute, loan, lease, or commercially exploit the Database(s), or any search output therefrom, or create any derivative work using the Database(s).

(b) Subscriber shall not transfer, assign, or sublicense this Agreement or its rights hereunder without the prior written permission of the Company.

6. Personal Information

(a) The Company will maintain as confidential all information regarding your credit card used to pay the Subscription fee, where applicable, and will not disclose such information to any third party except as may be necessary to validate the card or to implement charges for your Subscription, or as permitted by paragraph 8(b) hereof.

(b) You acknowledge and agree that the Company may use other information about you which the Company obtains either directly from you or which it obtains by the nature of your use of the Service as permitted by paragraph 8(b) thereof.

7. Proprietary Materials

(a) The Service contains copyrighted material, trademarks, and other proprietary information of the Company (collectively "Proprietary Material"), including, but not limited to, text, software, photos, graphics, and images. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.

(b) The Service in its entirety is: Copyright 1988-2010, Avjobs, Inc.. All Rights Reserved.

(c) Except as otherwise expressly permitted by this Agreement, or as permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise modifying or commercially exploiting of any Proprietary Material is permitted without the express permission of the copyright owner. In the event of any copying, redistribution, or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.

(d) The Avjobs Email Account, The Avjobs Resume Account, The Avjobs Ultimate Account, and The Avjobs Employer Portal service marks and other Company marks and logos are service marks and trademarks of the Company. Other trademarks, service marks, and logos used in the Service Web Sites or the Avjobs.com Web Site are the trademarks, service marks, or logos of their respective owners.

8. Subscriber Information

(a) For purposes of identification, billing, and marketing, Subscribers agree to provide the Company with accurate, complete, and updated information required at the time of registration as a Subscriber ("Registration Data"), including your legal name, address, telephone number(s), e-mail address, and applicable payment data (e.g., credit card number and expiration date for Subscribers paying by credit card), and other information. The Company reserves the right to verify the accuracy of this information. You agree to promptly notify the Company of any change in your Registration Data. See paragraph 15 below for details on notifying the Company of these changes. Failure to comply with this provision may result in immediate suspension or termination of your license to use the Service.

(b) The Company reserves the right to reveal any Registration Data or other information in its possession regarding Subscribers and Additional Users in cooperation with a request or investigation by any governmental body or governmental agency, or as otherwise required by law.

9. Indemnification

(a) You agree to indemnify, defend, and hold harmless the Company and its directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates") from and against any and all liability and costs (including attorneys' fees and costs) incurred by the Company and/or the Affiliates in connection with any claim arising out of any breach by you of any provision of this Agreement.

(b) You agree to cooperate as fully as reasonably required in the defense of any such claims. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of the Company.

10. LIMITED WARRANTY

(a) THE SERVICE AND THE DATABASE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH THE SERVICE RESTS WITH THE SUBSCRIBER.

(b) The Company does not warrant that the functions of the Service will meet Subscriber's requirements or that the operation of the Service or the Database(s) will be uninterrupted or error free.

(c) The Company shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Service or the Database(s).

(d) The Company has no control over the content of the World Wide Web sites or Portable Document Format (PDF) files of linked sites, companies, individuals, groups, affiliates, or other entities that may be accessed from Avjobs.com Web Site or the Service Web Sites through hypertext links ("Linked Sites"), and is not responsible for their content. The Linked Sites are provided for your convenience only and you access them at your own risk.

11. LIMITATIONS ON LIABILITY AND REMEDIES

(a) THE COMPANY IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

(b) In no event shall the Company be liable for any indirect, special, incidental, punitive, or consequential damages, including lost profits, arising out of the use or performance of the Service, even if the Company has been advised of the possibility of such damages.

(c) In the event that any of the limitations on liability or remedies contained herein shall be adjudged invalid by a court of competent jurisdiction, in no event shall the Company's damages under any legal theory exceed the total fees paid by Subscriber under the license granted herein during the twelve months immediately preceding the date on which the cause of action arose.

12. Termination

The Company may terminate the right of any Subscriber to access the Service at any time, with or without cause, in the Company's absolute discretion and without notice. The recital in this Agreement of specific grounds for termination of a Subscriber's right to access the Service shall in no manner whatsoever limit the Company's absolute right to terminate any Subscriber's access to the Service under this paragraph.

13. Modifications of Agreement or Service

(a) The Company has the right to modify this Agreement in any manner and at any time, without notice or liability. Any modification is effective immediately upon the earlier of (i) notice by electronic mail to the e-mail address last provided to the Company by you; or (ii) fifteen days following the date that the modified Agreement is first posted on the Service. Your continued use of the Service following its effective date shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the Company in providing the Service, including, without limitation, (i) any changes in the content of the Service, or (ii) any change in the amount or type of fees, charges, or assessments payable under this Agreement, is to terminate your Subscription and continued use of the Service by delivering proper notice thereof to the Company in accordance with the instructions provided in paragraph 15(d)(7) below. Such notice will be effective immediately, as set forth in paragraph 15(d)(7)(ii) below.

(b) The Company may at any time, without notice or liability, change or eliminate any content or feature of the Service, or restrict the use of any portion of the Service, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service related change or elimination is to terminate your Subscription and continued use of the Service by delivering proper notice to the Company in accordance with the instructions provided in paragraph 15(d)(7) below. Such notice will be effective immediately, as set forth in paragraph 15(d)(7)(ii) below.

14. General

(a) Failure by the Company to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right.

(b) This Agreement, and all other aspects of a Subscriber's use of the Service, shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement or your use of the Service shall be submitted to and resolved by binding arbitration, pursuant to the Rules and Regulations, and under the auspices of the American Arbitration Association. Any arbitration proceeding shall take place in the City of Littleton, Colorado. No demand for arbitration or action of any kind or nature arising out of this Agreement, or out of any use of the Service by a Subscriber, shall be brought by either the Company or any Subscriber more than one year after the date on which the cause of action first arises. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by, and each party to this Agreement submits to the exclusive jurisdiction of, the state and federal courts sitting in the City of Littleton, Colorado, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing party will be entitled to costs and attorneys' fees.

(c) This Agreement constitutes the entire agreement between you and the Company with respect to the Service and supersedes all prior agreements or understandings between you and the Company with respect thereto.

15. Subscription Services, Fees and Policies

(a) The subscription services currently available through the Service are:

(1) The Avjobs Email Account, which provides Subscribers with self service access to View Job Locations & Titles, Create an Online Bio, One (1) Avjobs Email Account, Account Personalization, Industry News and Announcements.  This account type is designed for those that want to know what jobs are available and where, but are not ready to apply just yet, who want to place a short Bio online for employers to view & contact them directly, and those who want a professional aviation email address.  By entering specific criteria into search fields, Subscribers can perform searches that will assist them in targeting appropriate employment sources.

(2) The Avjobs Resume Account, which provides Subscribers with self service access to the same services provided in The Avjobs Email Account, plus an Online Job Application, Aviation Specific Resume Builder, Preformatted Cover Letters, Interactive Practice Interview, Advanced Industry Career Tools, Company Profiles, and Resume of the Week Eligibility.  This account type is designed for those who need a Professional Resume written to Aviation Standards, those who want employers and hiring managers to find them quickly, and those who want to use our universal "Online Job Application", complete with pilot and mechanic supplements.  Applicant's complete credentials are directly available to registered employers.

(3) The Avjobs Ultimate Account, which provides Subscribers with self service access to the same services provided in The Avjobs Email Account, and The Avjobs Resume Account, plus View Job Details & Apply Online, Save & Track Job Listings, "One-Click" Application Service, Automated Document Preparation, Interview Maps & Driving Directions, Job Search System with 50+ ways to search jobs, and Microsoft Outlook Calendar Integration.  This account type is designed for those who want the best jobs & job search tools available in the aviation industry, those who are looking for the complete package of aviation employment assistance, and those that want help staying on track throughout the job search process and every step along the way.

(4) The Avjobs Employer Portal, which provides Subscribers with self service access to Avjobs Recruiting Services & Solutions Portal, is a service designed for aviation executives and HR professionals to advertise jobs easily and hire qualified applicants fast.  This account type is designed for employers and recruiters who want to post unlimited jobs and search unlimited resumes, who want to reach high quality, industry specific applicants including recent graduates, entry-level applicants and seasoned professionals that are actively seeking employment.  The Avjobs Employer Portal is available to aviation recruiters and hiring managers in all sectors of commercial, corporate, and general aviation, including airlines, manufacturers, aerospace, airports and airport-based businesses, who need to post one job, or post and manage many jobs.  The Avjobs Employer Portal gives you self service access to post unlimited jobs and search unlimited aviation specific resumes.

(b) You are responsible for all fees, charges, or assessments resulting from use of the Service. All amounts are to be paid in U.S. dollars.

(c) The Company reserves the right to increase any fees, charges, or assessments and to institute new fees at any time by notifying Subscribers via e-mail or posting a notice on the Service Web Sites and/or the Avjobs.com Web Site.

(d) The terms and conditions relating to Subscription fees and policies are as follows:

(1) Subscription Plans and Rate Schedule

You may subscribe to any subscription service described in paragraph 15(a) under either a Single User Plan (available to individuals, companies, organizations or other legal entities), in which you are the only person authorized to use the Subscription, or a Multiple User Plan (available only to companies, organizations or other legal entities), in which you are the Subscriber and are entitled to designate a limited number of "Additional Users" (the number of Additional Users being determined by the Multiple User Plan selected) to use the Subscription. At present, the Multiple user Plans are determined at the time of purchase. Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services.  Activation fees are non-refundable.  The Subscription fees payable for each Subscription plan are as follows:

(i) The Avjobs Email Account Subscription:

(I) Monthly Subscription: The monthly Subscription is available only where payment is made by credit card. The monthly fee payable for the Subscription plan for The Avjobs Email Account is: Single User Plan -- $7.95.

(II) Annual Subscription: The annual fee payable for the Subscription plan for The Avjobs Email Account is: Single User Plan -- $79.95.

(ii) The Avjobs Resume Account Subscription:

(I) Monthly Subscription: The monthly Subscription is available only where payment is made by credit card. The monthly fee payable for the Subscription plan for The Avjobs Resume Account is: Single User Plan -- $17.95.

(II) Annual Subscription: The annual fee payable for the Subscription plan for The Avjobs Resume Account is: Single User Plan -- $179.95.

(iii) The Avjobs Ultimate Account Subscription:

(I) Monthly Subscription: The monthly Subscription is available only where payment is made by credit card. The monthly fee payable for the Subscription plan for The Avjobs Ultimate Account is: Single User Plan -- $24.95.

(II) Annual Subscription: The annual fee payable for the Subscription plan for The Avjobs Ultimate Account is: Single User Plan -- $249.95.

(iv) The Avjobs Employer Portal Subscription:

(I) Annual Subscription: The annual fee for the Subscription plan for The Avjobs Employer Portal is: (A) Single User Plan - Call for Pricing; (B) Multiple User Plan - Call for Pricing.  All Employer Portal users must sign our NDA before using the product.

(2) Billing Process and Procedures

(i) Monthly Recurring Subscription credit card payment- When you subscribe to a subscription service on a monthly Recurring Subscription, which requires credit card billing, you are agreeing to have your credit card billed automatically each month, unless and until you inform the Company's Customer Service Department, via the provided online self cancellation form that you wish to terminate your Subscription.  IF YOU FAIL TO MEET THE SELF CANCELLATION SERVICE COMMITMENT BY NOT USING THE ONLINE SELF CANCELLATION FORM FOR CANCELLING YOUR SUBSCRIPTION TO THE AVJOBS SERVICE (OR IF AVJOBS TERMINATES YOUR SUBSCRIPTION TO THE AVJOBS SERVICE DUE TO A BREACH OF THIS AGREEMENT), YOU AGREE THAT AVJOBS MAY CHARGE YOU THE CANCELLATION FEE OF $10.00 AGREED TO BY YOU AT THE TIME YOU SUBSCRIBED TO THE AVJOBS SERVICE, AND YOU AGREE TO PAY ANY SUCH CANCELLATION FEE.  Due to the large volumes of SPAM, BULK and JUNK e-mail, cancellation via e-mail or FAX is no longer a valid form of cancellation as we can not guarantee the receipt of your request.  All cancellation requests are confirmed in writing by Avjobs for your records. However, please note that under paragraph 15(d)(7) below there is no proration of your monthly Subscription charge if you terminate your Subscription before the end of its monthly period. Your Subscription will be billed to your credit card, in advance, each month, on the anniversary of your Subscription start date. For example, if you subscribe on January 15th, your credit card will be billed at the then current monthly rate on that date for the period between January 15th and the following February 14th. Unless you provide notice of termination of your Subscription, your credit card will be billed once again at the then current rate, on February 15th for the period between February 15th and the following March 14th, and so forth. We are sorry that we cannot offer any refunds once you have been charged for your subscription. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.

(ii) Annual Recurring Subscription credit card payment - If you elect to pay your annual Recurring Subscription fee by credit card, you are agreeing to have your credit card billed automatically each year at the then applicable Subscription rate, unless and until you inform the Company's Customer Service Department, via the provided online self cancellation form that you wish to terminate your Subscription.  IF YOU FAIL TO MEET THE SELF CANCELLATION SERVICE COMMITMENT BY NOT USING THE ONLINE SELF CANCELLATION FORM FOR CANCELLING YOUR SUBSCRIPTION TO THE AVJOBS SERVICE (OR IF AVJOBS TERMINATES YOUR SUBSCRIPTION TO THE AVJOBS SERVICE DUE TO A BREACH OF THIS AGREEMENT), YOU AGREE THAT AVJOBS MAY CHARGE YOU THE CANCELLATION FEE OF $10.00 AGREED TO BY YOU AT THE TIME YOU SUBSCRIBED TO THE AVJOBS SERVICE, AND YOU AGREE TO PAY ANY SUCH CANCELLATION FEE.  Due to the large volumes of SPAM, BULK and JUNK e-mail, cancellation via e-mail or FAX is no longer a valid form of cancellation as we can not guarantee the receipt of your request.  All cancellation requests are confirmed in writing by Avjobs for your records.  However, please note that under paragraph 15(d)(7) below there is no proration of your annual Subscription charge if you terminate your Subscription before the end of its annual period. Your Subscription will be billed to your credit card, in advance, each year on the anniversary of your Subscription start date. For example, if you subscribe on January 15th, your credit card will be billed at the then current rate on that date for the period between that date and January 14th of the following year. Unless you provide notice of termination of your Subscription by that date, your credit card will be billed once again at the then current rate on January 15th of the that year for one year ending January 14th of the following year, and so forth. You will receive a notice approximately one month prior to the end of your annual subscription cycle informing you that your credit card will be automatically charged for the subsequent year on the anniversary date of your annual subscription. We are sorry that we cannot offer any refunds once you have been charged for your subscription. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.

(iii) Annual Subscription check payment - If you elect to pay your annual Subscription fee by check, you will receive two renewal notices, the first approximately two months prior to the end of your current Subscription year and the second notice approximately one month prior to the end of your current Subscription year. Your payment of the renewal fee set forth in the renewal notice will be required before the end of your current Subscription year, or your Subscription will automatically terminate at that time. We are sorry that we cannot offer any refunds once you have been charged for your subscription. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.

(3) Credit Card Payment Process

(i) Credit card authorization - The credit card information you supplied is automatically submitted for authorization, once you have completed the registration form. This authorization process may take up to 2 business hours; once your credit card is authorized, you will receive a "Welcome" message and e-mail confirming the successful authorization of your credit card and the completion of your registration process. (See paragraph 15(d)(4) below.) This credit card authorization process will be repeated prior to billing each subsequent Subscription fee charge; however, you will receive the "Welcome" and e-mail messages only at the time of your initial registration.

(ii) Secure payment processing - The Company's secure server software encrypts information to protect your credit card transaction. If you have concerns, please read our Security Statement. This statement is available for future reference in the Service Help file.

(iii) Unsuccessful authorization - If, at the time of any billing, the Company is unsuccessful in its attempts to receive authorization for your credit card, the Company will automatically send you an e-mail informing you of this difficulty. You will be required to contact your credit card processor and/or bank immediately to determine the nature of the problem with your account, and to notify the Company immediately of your updated credit card information.  The Company will add a late fee of $25 to your unpaid balance after the 5^th day of unsuccessful authorization.  In the interim, the Company will continue to attempt to successfully bill your account, each day, for up to 30 days. If the Company is unable to do so, and has not heard from you by the end of this 30-day period, your Subscription will be terminated and your account may be turned over to a collection agency for further collection.  The Company will add a collection fee of $10 to your account to cover the costs of this collection activity.  If your dispute or deny a valid charge with your credit card company without first attempting to resolve the issue with Avjobs, you will be sent an invoice for the disputed amount plus a $35.00 non-compliance processing fee by regular postal mail. Copies will also be sent to your bank and Credit Card Company. The invoice will include, a copy of this Subscriber Agreement, your original enrollment form, a detailed summary of account information including access logs detailing when you accessed the site in question and what ISP you used to do so.

(iv) Credit card expiration date - As a service to Subscribers, the Company will automatically send you e-mail notification informing you that your credit card is due to expire within the next 30 days.  Subscribers agree to provide the Company with complete, and updated billing information including your applicable billing information (e.g., credit card number and expiration date for Subscribers paying by credit card), and other information prior to your bill date. Credit card expiration is not a valid form of cancellation.  Failure to provide updated billing information may result in additional fees.  You must notify Avjobs of your intent to cancel before your bill date to avoid renewal.

(4) Registration/Subscription Confirmation

The following notices will be sent confirming your registration and Subscription information:

(i) Welcome/Subscription Services pages - If you authorize credit card payment for your Subscription, once you accept the Subscriber Agreement, and your credit card payment is authorized, you will be taken to a "Confirmation" page, which will confirm your successful registration. If you elect to pay for your Subscription by check, once you accept the Subscriber Agreement, you will be taken to a "Subscription Services" page that provides you with information needed to complete the subscription process by mail.

(ii) E-mail confirmation - In addition to the above, if you elect to pay for your Subscription by credit card, a confirmation notice will be sent to the e-mail address you provided on your registration form. This notice will be sent to those authorizing credit card payment immediately upon authorization of the credit card and will confirm your Subscription start date, User Name and Password, the number of authorized Additional Users (if a Multiple User Plan Subscription), and the Subscription rate applicable to you. The e-mail notice will serve as your receipt; save it for future reference.

If you elect to pay for your Subscription by check, a Subscription invoice will be sent to the e-mail address you provided on your registration form, which will include your User Name and Password, and Subscriber ID number, along with instructions for completing the Subscription process by mail. Once your check, accompanied by a printout of your Subscription invoice is received, a subsequent e-mail will be sent to you confirming your successful registration, the activation of your account, and your Subscription start date.

Note: If you have not received e-mail confirmations during the Subscription process, please notify our Customer Service Department by sending an e-mail to support@avjobs.com.

(5) Access to the Service

Upon the successful completion of your registration process and payment, you may immediately use the Database(s) included in your Subscription through a direct link that will be provided either on the Confirmation e-mail account activation notice (for those who subscribe by credit card) or on the e-mail account activation notice (for those who elect to pay by check). As an active Subscriber, you can access your Subscription at any time by clicking on either of the links below (you may wish to bookmark these pages to save time in the future):

(i) Application URL - http://members.avjobs.com and http://employers.avjobs.com/

(ii) Web Site home page - http://www.avjobs.com

(6) User Name and Password

(i) Confidentiality - Upon successful completion of your registration and payment process, you may enter the Service Web Sites through its home page, using the User Name and Password issued during the registration process. You will need to enter your User Name and Password at this location each time you use the Database(s). Your User Name and Password are reserved exclusively for your use and the use of authorized Additional Users under Multiple User Plans. Please keep these confidential in accordance with the terms of this Subscriber Agreement.

(ii) Forgotten Passwords - Should you forget your Password, please contact the Company's Customer Service Department. You will be asked to supply your mother's maiden name or other security word chosen during the registration process. Additional Users may obtain forgotten Passwords only from the Subscriber who initially authorized them.

(iii) Account Inquiries - You will be asked to supply your User Name and Password to the Company's Customer Service Department when you inquire about your billing or account information. Each Subscriber under a Multiple User Plan understands that the Additional Users authorized by such Subscriber will be able to access billing or account information of such Subscriber, and hereby agrees that under no circumstances shall The Company be liable to such Subscriber for any harm, damage, embarrassment or other circumstances arising about of or as a result of such access by an Additional User.

(7) Terminating Your Subscription

Self Cancellation Service Commitment - There are no cancellation fees when cancellation occurs using the online self cancellation form provided in the applicant portal under "My Account > Membership".

(i) Notifying Avjobs, Inc. - If you wish to terminate your Subscription, you must do so by contacting the Company's Customer Service Department, in writing, via the provided online self cancellation form, or by sending a written letter to: Avjobs, Inc., Customer Service Department, PO Box 630830, Littleton, CO 80163. IF YOU FAIL TO MEET THE SELF CANCELLATION SERVICE COMMITMENT BY NOT USING THE ONLINE SELF CANCELLATION FORM FOR CANCELLING YOUR SUBSCRIPTION TO THE AVJOBS SERVICE (OR IF AVJOBS TERMINATES YOUR SUBSCRIPTION TO THE AVJOBS SERVICE DUE TO A BREACH OF THIS AGREEMENT), YOU AGREE THAT AVJOBS MAY CHARGE YOU THE CANCELLATION FEE OF $10.00 AGREED TO BY YOU AT THE TIME YOU SUBSCRIBED TO THE AVJOBS SERVICE, AND YOU AGREE TO PAY ANY SUCH CANCELLATION FEE.  Due to the large volumes of SPAM, BULK and JUNK e-mail, cancellation via e-mail or FAX is no longer a valid form of cancellation as we can not guarantee the receipt of your request.  All cancellation requests are confirmed in writing by Avjobs for your records.  Telephone calls to the Company or calling your credit card company to stop payment will not constitute acceptance of any cancellation.

(ii) Termination and your billing cycle - As noted in paragraph 15(d)(2) above, your account is billed and payable in advance, each month or year (depending on the type of Subscription you have), on the anniversary of your Subscription start date. It is important to note that Subscriptions are not prorated. Once you notify the Company's Customer Service Department in writing that you wish to terminate your Subscription, your account will be terminated; effective immediately on that date and the Company will stop billing your account starting with the next monthly or annual billing cycle. Example: if you are on an annual Subscription and your start date is December 15th and you notify the Company on July 15th of the next year to terminate your Subscription, your account would have already been billed through the end of your annual billing cycle (December 14th) or if you are on a monthly billing cycle (January 14^th). We are sorry that we cannot offer any refunds once you have been charged for your subscription. PLEASE NOTE THAT SUBSCRIPTIONS ARE NON-REFUNDABLE.

(iii) Confirmation of account termination - Once you have notified the Company's Customer Service Department in writing that you wish to terminate your Subscription, the Company will automatically send a confirmation notice to your e-mail address. This notice will include your Subscription end date; you can save this for future reference.

(iv) Involuntary termination/non-compliance - The Company reserves the right to terminate your Subscription based on our inability to successfully bill your credit card according to the terms outlined in paragraph 15(d)(3) above. In addition, the Company reserves the right to terminate your Subscription at any time, based on non-compliance with any terms and conditions set forth in this Subscriber Agreement.

(v) Re-subscribing - If you voluntarily terminated your Subscription, you may re-subscribe at any time to any subscription service provided through the Service, as long as your account was in good standing at the time of termination. To do so, visit the Avjobs.com Web Site at www.avjobs.com, click on the link to The Avjobs Portal Subscription Service, and follow the instructions for subscribing to the subscription service you desire.

(vi) This paragraph 15(d)(7) shall not apply to Additional Users.

(8) Changing Your Account Information

In addition to changes to your account referenced above, such as credit card and User Name/Password information, you should report any change in your contact information immediately (address, telephone, e-mail address) to the Company's Customer Service Department. For fastest service, you may use the Subscriber Services area, accessible to Subscribers to the Service after logging in, to update your contact information automatically online. You may also use the e-mail address or telephone numbers provided below. This paragraph 15(d)(8) shall not apply to Additional Users.

(9) Changing or Upgrading Subscriptions

Current Subscribers of the Service may change or upgrade their subscriptions automatically, online, through the Subscriber Services area, accessible to Subscribers after logging in with your User Name and Password. Instructions are provided for changing subscription cycles (e.g., from a monthly to an annual subscription), changing subscription plans (e.g., from a Single User Plan to a Multiple User Plan), or for upgrading to another service (e.g., from The Avjobs Email Account to The Avjobs Resume or Ultimate Account).

(10) Contact Information - Billing and Subscription Inquiries

The Company's Customer Service Department is available to respond to your billing and account questions Monday through Friday, between 9:00 a.m. and 5:00 p.m., Mountain Standard Time.

(i) E-mail - send e-mails to support@avjobs.com

(ii) E-mail - You may also e-mail, info@avjobs.com.

(iii) Fax - Send all faxes toll-free, to 1-888-624-8691. Outside the United States, 1-303-683-5239.

(iv) Mail - Send all written correspondence to: Avjobs, Inc., Customer Service Department, PO Box 630830, Littleton, CO 80163.

(11) Contact Information - Technical/Product Support

Subscribers seeking technical assistance or other assistance using the Service may send inquiries via e-mail to: support@avjobs.com.

REFUND POLICY:

Avjobs offers a 6 Month Guarantee on some Subscription services. After your initial log in, no refunds are permitted. Due to the intangible and electronic nature of Avjobs products and services, Avjobs web site subscription content, information, and services provided cannot be returned and are therefore non-refundable after your initial log in. Customers paying discounted prices through promotional offers are not eligible for refunds. PLEASE NOTE THAT ACTIVATION FEES ARE NON-REFUNDABLE.

Avjobs Subscription services are billed for services provided, not services used. It is the sole responsibility of the Subscriber to make use of services provided. These services include, but are not limited to, e-mail services, resume and/or bio hosting, online job application hosting, job availability services, online application services, and interview preparation services. "Non-Use" of services, does not constitute cancellation and does not entitle any Subscriber to a refund. You may cancel your Subscription at any time to avoid future billing by simply completing the cancellation form located in the applicant portal under "my account" > "membership". It is strongly suggested that you complete the cancellation form three (3) days prior to your next bill date to accommodate holidays and weekends (non-business days).  We are sorry that we cannot offer any refunds once you have been charged for your subscription. Due to the large volumes of SPAM, BULK and JUNK e-mail, cancellation via e-mail or FAX is no longer a valid form of cancellation as we can not guarantee the receipt of your request. IF YOU FAIL TO MEET THE SELF CANCELLATION SERVICE COMMITMENT BY NOT USING THE ONLINE SELF CANCELLATION FORM FOR CANCELLING YOUR SUBSCRIPTION TO THE AVJOBS SERVICE (OR IF AVJOBS TERMINATES YOUR SUBSCRIPTION TO THE AVJOBS SERVICE DUE TO A BREACH OF THIS AGREEMENT), YOU AGREE THAT AVJOBS MAY CHARGE YOU THE CANCELLATION FEE OF $10.00 AGREED TO BY YOU AT THE TIME YOU SUBSCRIBED TO THE AVJOBS SERVICE, AND YOU AGREE TO PAY ANY SUCH CANCELLATION FEE.  All cancellation requests are confirmed in writing by Avjobs for your records.

Due to the intangible and electronic nature of Avjobs products and services, Avjobs web site subscription content, information, and services provided cannot be returned and are therefore non-refundable after your initial log in.

Avjobs Subscriber Services are 100% self serve. Once you have accepted the Avjobs Subscriber Agreement and logged in to the service area, you are obligated to pay for the services made available and rendered by Avjobs until written cancellation is received using the online self cancellation form provided in the applicant portal under "My Account > Membership" and confirmed by Avjobs. No refunds will be given for "no shows" or "non-use" of services after your initial login.

• SUBSCRIPTIONS ARE NOT PRORATED
• SUBSCRIPTIONS ARE NON-REFUNDABLE
• ACTIVATION FEES ARE NON-REFUNDABLE
• REFUNDS ARE NOT AVAILABLE FOR CUSTOMERS PAYING DISCOUNTED PRICES OR ON ANY PROMOTIONAL OFFERS
• SUBSCRIBERS ARE RESPONSIBLE FOR ALL FEES, CHARGES, OR ASSESSMENTS RESULTING FROM SUBSCRIPTION TO THE SERVICE, E-MAIL SERVICES, RESUME AND/OR BIO HOSTING, ONLINE JOB APPLICATION HOSTING, JOB AVAILABILITY SERVICES, ONLINE APPLICATION SERVICES, AND INTERVIEW PREPARATION SERVICES
• DUE TO THE ELECTRONIC NATURE OF AVJOBS PRODUCTS AND HOSTING SERVICES, THESE PRODUCTS CANNOT BE RETURNED AND ARE THEREFORE NON-REFUNDABLE
• NO REFUNDS WILL BE GIVEN FOR "NO SHOWS" OR "NON-USE" OF SERVICES
• IF A SUBSCRIBER TERMINATES THEIR ACCOUNT DURING A MONTHLY BILLING PERIOD, THE REMAINING PORTION OF THE UNUSED MONTH IS NON-REFUNDABLE
• YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME TO AVOID FUTURE BILLING BY SIMPLY COMPLETING THE CANCELLATION FORM LOCATED IN THE APPLICANT PORTAL UNDER "MY ACCOUNT" > "MEMBERSHIP".  IF YOU FAIL TO MEET THE SELF CANCELLATION SERVICE COMMITMENT BY NOT USING THE ONLINE SELF CANCELLATION FORM FOR CANCELLING YOUR SUBSCRIPTION TO THE AVJOBS SERVICE (OR IF AVJOBS TERMINATES YOUR SUBSCRIPTION TO THE AVJOBS SERVICE DUE TO A BREACH OF THIS AGREEMENT), YOU AGREE THAT AVJOBS MAY CHARGE YOU THE CANCELLATION FEE OF $10.00 AGREED TO BY YOU AT THE TIME YOU SUBSCRIBED TO THE AVJOBS SERVICE, AND YOU AGREE TO PAY ANY SUCH CANCELLATION FEE. DUE TO THE LARGE VOLUMES OF SPAM, BULK AND JUNK E-MAIL, CANCELLATION VIA E-MAIL OR FAX IS NO LONGER A VALID FORM OF CANCELLATION AS WE CAN NOT GUARANTEE THE RECEIPT OF YOUR REQUEST. ALL CANCELLATION REQUESTS ARE CONFIRMED IN WRITING BY AVJOBS FOR YOUR RECORDS

Copyright © 2010
Avjobs, Inc.

To enter the fee based areas of the site you must indicate that you have read understand, agree and accept to the above stated policy.