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itzbig Terms of Use Agreement

Last updated March 4, 2008

1. GENERAL This Terms of Use Agreement ("Agreement") governs your access and use of the itzbig, Inc. (“itzbig.com”) Web site located at www.itzbig.com (the "Site"). By accessing, browsing, and using this Site, you agree that you have read, understood, and are bound by the terms and conditions of this Agreement. Please read it very carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Site.

2. GOVERNING LAW This Agreement and your use of the site SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, without regard to principles of conflict of laws.

3. USE OF THE SITE The Site is intended for individuals seeking or exploring employment opportunities and for employers or recruiters seeking individuals for employment. You may only use this Site for its intended purpose and solely in accordance with this Agreement. You agree not to sell or modify the content on itzbig.com or reproduce, display, distribute or otherwise use the itzbig.com content in any way for any public or commercial purpose or that otherwise infringes itzbig, Inc.’s (“itzbig”) or its client’s intellectual property rights. The Site may contain links to other Internet sites and third-party resources. itzbig.com is not responsible for either the availability of these outside resources or their content. itzbig.com may, but is not obligated to, monitor your use of the Site. As part of your use of the Site, you may be asked to create an account and provide itzbig with certain registration information including, without limitation, a valid email address. You warrant that all such registration information is accurate and truthful, and you agree to update such information as necessary. You may also be asked to choose or be assigned a user name and password. You are responsible for maintaining the confidentiality of such information. All personal information provided by you will be handled in accordance with itzbig.com's Privacy Policy, which can be found at http://www.itzbig.com/privacy.html.

4. PROHIBITED USES You may not use itzbig.com to transmit, post, distribute, store or destroy material, including without limitation, itzbig.com content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. itzbig specifically prohibits any use of itzbig.com, and you agree not to do any of the following: (a) post any jobs on itzbig.com for any competitor of itzbig; (b) post jobs or content on itzbig.com that contains hyperlinks, references to hyperlinks, hidden keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) use any itzbig.com content for any purpose other than as an employer seeking employees or as an employee seeking employment; (d) post or submit to itzbig.com any incomplete, false or inaccurate biographical information or information which is not your own; (e) take any action that imposes an unreasonable or disproportionately large load on itzbig.com’s infrastructure; (f) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the itzbig.com site; (g) attempt to gain access to secured portions of the Site to which you do not possess access rights; (h) upload or transmit any form of virus, worm, Trojan horse, or other malicious code; or (i) use the Site to generate unsolicited email advertising or spam.

5. INTELLECTUAL PROPERTY The content of this Site is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. All content, including applicable copyrights, trademarks and other proprietary rights, is the property of itzbig or its respective owners. You are granted permission to display, reproduce, distribute, and download the materials on this Site solely for your own personal, non-commercial use, provided that none of the content is modified and all of itzbig.com's legal legends are retained. You may not "mirror" any content contained within this Site without the express prior written consent of itzbig.com. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of itzbig.com or the appropriate copyright owner. itzbig.com does not grant you any licenses, express or implied, to the intellectual property of itzbig.com or its licensors except as expressly stated in this Agreement.

6. TRANSMISSION OF CONTENT Any material, information or ideas that you transmit to or post to or through this Site by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used by itzbig.com for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with itzbig.com's Privacy Policy, which can be found at http://www.itzbig.com/privacy.html. You agree to the terms of such Privacy Policy by providing your personal information to itzbig.com. You are prohibited from posting or transmitting to or through this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials, or any other material that is illegal or could give rise to legal liability under applicable law.

7. INTERNATIONAL USE This Site is controlled and operated by itzbig.com from within the United States. itzbig.com makes no representations that materials contained within the Site are appropriate or available for use in other locations, and access to the Site from locations where such activity is illegal is prohibited. Those who choose to use the Site from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

8. U.S. GOVERNMENT RESTRICTED RIGHTS The content of this Site is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.

9. LIMITATION OF LIABILITY THE SITE IS PROVIDED "AS IS" AND itzbig.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO CIRCUMSTANCES SHALL itzbig.COM BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED THEREIN, EVEN IF itzbig.COM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.

10. MODIFICATIONS This Agreement may be modified by itzbig.com at any time by updating and posting a new version on the Site or by otherwise notifying you of the revised Agreement. By using the Site, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.

11. TERM AND TERMINATION This Agreement is effective as of the date of your first access or use of the Site, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.

12. GENERAL The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.