Build Your Future Arizona (careers.byfaz.org)
Greater Phoenix Chamber Foundation
Last Updated: 7.7.20
Please read this Agreement carefully before accessing or registering to open an account at the Build Your Future Arizona Jobs Board website, careers.byfaz.org (“BYFAZ Careers” or the “Site”). As a condition to and in consideration of receiving and accessing careers.byfaz.org, you agree to be bound by the terms of this Agreement. Use of or access to careers.byfaz.org constitutes acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS careers.byfaz.org.
BYFAZ Careers is a website for individuals seeking employment in the construction industry and for employers seeking candidates for employment. You may use careers.byfaz.org only for lawful purposes within the acceptable uses of careers.byfaz.org, stated below. Build Your Future Arizona (“BYFAZ”) is a program operated by the Greater Phoenix Chamber Foundation (“Foundation”). The Foundation is the sole interpreter of the Site’s intended and acceptable use.
If you have any questions about this Agreement, please contact us via e-mail at firstname.lastname@example.org or call 602-495-2195.
Careers.byfaz.org Access Agreement
THIS AGREEMENT “Agreement” is entered into by and between the Greater Phoenix Chamber Foundation (“Foundation”, “we”, “us”, or “our”) and any individual, corporation, association, agency, company, or other entity who accesses or uses careers.byfaz.org (the “User” or “you” or “Job Seeker” or “Employer”).
Careers.byfaz.org is a website that is designed to allow employers to post jobs and view resumes posted by job seekers, and allows job seekers to post resumes. It is also designed to allow BYFAZ participant companies and participating educational institutions to find candidates for career and training opportunities. Users accessing careers.byfaz.org may be asked to register to set up an account to access certain features. When you register an account, you will be signed up to receive a monthly e-newsletter and other communications from BYFAZ, including job alerts for job seekers. You will have the option to opt out of receiving either newsletters, job alerts or both. If you cancel your account, you will automatically be opted out of receiving correspondence from BYFAZ.
BYFAZ Careers contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, “Content”) formatted, organized and collected in a variety of forms that are generally accessible to Users. Users will be able to post resumes and job postings within interactive areas (“Interactive Areas”). If your resume or job posting contains multimedia files, those files will be emailed to the webmaster to be uploaded into your account. This helps prevent content that is unwanted (e.g. not in line with affiliated employer investment levels) and vulgar and otherwise offensive content on BYFAZ Careers.
- User Rights and Responsibilities
1.1 Access to BYFAZ Careers
LICENSE TO USE BY JOB SEEKERS
BYFAZ Careers hereby grants job and training seekers a limited, terminable, non-exclusive right to access and use the Site only for personal use in seeking employment and training opportunities. You agree to not sell or modify BYFAZ Careers Content or reproduce, display, publicly perform, distribute, or otherwise use the BYFAZ Careers Content in any way for any public or commercial use. You agree that you are solely responsible for the content of any Content you post to the Site and any consequences arising from such posting. You shall ensure that you do not permit access to any other individuals or entities to the Site. BYFAZ Careers reserves the right to suspend or terminate your use of the Site for any reason, at any time, in its sole discretion.
The Foundation does not and cannot guarantee that you will receive any offer of employment.
LICENSE TO USE BY EMPLOYERS
BYFAZ Careers hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and use the Site solely for your internal business use directly related to searching for and recruiting job prospects. You may not sell, transfer or assign your rights to use the Site or any Content to any third party without the express written authorization of BYFAZ Careers. You agree that you are solely responsible for any materials that you post to the Site and any consequences arising from such posting. BYFAZ Careers reserves the right to suspend or terminate your access and use at any time if BYFAZ Careers determines that you are in breach of this Agreement.
The Foundation does not and cannot guarantee that you will receive any candidates for any position.
Employer represents, warrants, and covenants that any materials provided by Employer for use in connection with Site will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants BYFAZ Careers a non-exclusive, worldwide, royalty-free license to use Employer’s materials in connection with this Agreement.
RIGHT OF REMOVAL
BYFAZ Careers reserves the right to remove any job posting or Content from the BYFAZ Careers Site if it determines in its sole discretion that it does not comply with the above Terms.
TERMINATION OR CANCELLATION OF LICENSE TO EMPLOYERS
You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from BYFAZ Careers, including saved resumes, network contacts, and email mailing lists, will be deleted from BYFAZ Careers databases.
All Users of any kind are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access BYFAZ Careers and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Site.
1.2 User Conduct
All registered Users must access and use BYFAZ Careers only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (I) your use of BYFAZ Careers, including any Interactive Area, (ii) the use of any networks or other services connected to BYFAZ Careers, and (iii) the communications means by which you connect your modem, computer, or other equipment to BYFAZ Careers. By accessing BYFAZ Careers you agree that you will not: (1) restrict or inhibit any other user from using and enjoying the Interactive Features or any other aspect of BYFAZ Careers;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise offensive information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access BYFAZ Careers;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship; including BYFAZ;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service;
(9) post or transmit any information which demeans or interferes with the mission of the Greater Phoenix Chamber Foundation, Build Your Future Arizona or BYFAZ Careers;
(10) BYFAZ Careers is intended for use ONLY by employers and training providers who are advertising available opportunities, and potential employees or student looking to access those opportunities. Content from entities outside these groups and/or for other purposes will not be allowed;
(11) Email addresses on BYFAZ Careers may not be collected by outside parties by any means (artificial, robot, software, etc.) to be used in any means whatsoever;
(12) post materials (either resumes or job postings) that do not comply with applicable local, national and international laws and regulations, including but not limited to laws related to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(13) sell, promote or advertise products or services;
(14) post jobs or advertisements for competitors of BYFAZ Careers or post jobs or other content that contains links to any site competitive with BYFAZ Careers;
(15) promote or seek any opportunity that does not represent bona fide employment, which is generally indicated by the Employer’s use of IRS forms W-2 or 1099.
Violation may result in reporting to the proper legal authorities.
- Intellectual Property Rights
2.1 BYFAZ Careers Content.
(a) You acknowledge that Content on BYFAZ Careers is generally provided by the Build Your Future Arizona campaign and BYFAZ Careers and their licensors. You acknowledge that BYFAZ Careers permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (“Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that BYFAZ Careers owns a copyright in the “look and feel,” i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to “BYFAZ Careers” and its URL address. You acknowledge that BYFAZ Careers and its licensors remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
(c) Users retain all ownership of any posted resumes, in the case of job seekers, or information contained in job listings, in the case of employers. BYFAZ Careers has no responsibility for any resumes or job listings submitted by Users or the content of the same. Users access content posted by other Users at their own risk.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through BYFAZ Careers only materials consisting of resumes and job postings and related materials that are not subject to any Intellectual Property Rights, or for which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on BYFAZ Careers, without restriction whatsoever. By submitting materials to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to BYFAZ Careers the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such materials, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such materials. You also permit BYFAZ Careers to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such materials. You also permit any User to access, view, store and reproduce the materials for personal use.
- Interactive Areas
You acknowledge that BYFAZ Careers may include various Interactive Areas.
REGULATIONS OF DOCUMENTS POSTED BY JOB SEEKERS
- Resumes and other postings must contain the accurate information about a living individual seeking training or employment on a full-time, part-time, or contractual basis on his or her own behalf.
- They must also contain accurate, active contact information
Interactive Areas allow feedback to BYFAZ Careers and real-time interaction between job seekers and employers. You further understand that BYFAZ Careers does not completely control the messages, information, or files delivered to such Interactive Areas. Users use Interactive Areas at their own risk. Neither BYFAZ Careers, its subsidiary and parent companies, or affiliates, contractors, participating companies, or educational institutions, nor their respective directors, officers, employees, and agents are responsible for materials or communications submitted by any User within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable.
You recognize that BYFAZ Careers cannot, and does not intend to, screen communications in advance. Moreover, because BYFAZ Careers encourages open and candid communication in the Interactive Areas, BYFAZ Careers cannot determine in advance the accuracy or conformance to this Agreement of any material or communication transmitted in an Interactive Area. BYFAZ Careers is not responsible for screening, policing, editing, reviewing, or monitoring any material or communication in an Interactive Area.
Notwithstanding the above, you agree that BYFAZ Careers has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of material or communications that are alleged not to conform to this Agreement, BYFAZ Careers may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such material. BYFAZ Careers reserves the right to prohibit conduct, communication or material within an Interactive Area, or to edit, refuse to post, or to remove any material, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Build Your Future Arizona or BYFAZ Careers policy in effect at that time, (ii) be harmful to the rights of any User, BYFAZ Careers, the mission of Build Your Future Arizona and the Greater Phoenix Chamber Foundation, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
You understand and acknowledge that you have no ownership rights in your account and that if you cancel your BYFAZ Careers account or it is terminated, all your account information from BYFAZ Careers, including resumes, profiles, cover letters, saved jobs, questionnaires, etc. will be deleted from BYFAZ Careers databases. BYFAZ Careers reserves the right to delete your Account and all of your information after one year of inactivity or as deemed necessary by BYFAZ Careers for any reason.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of BYFAZ Careers in operating BYFAZ Careers, or any change in Content, is for you to discontinue accessing BYFAZ Careers. BYFAZ Careers may terminate or temporarily suspend your access to all or any part of BYFAZ Careers, without notice, for conduct that BYFAZ Careers believes is a violation of this Agreement or any policies or guidelines posted by BYFAZ Careers, or for other conduct which BYFAZ Careers believes, in its sole discretion, is harmful to BYFAZ Careers, other Users, or the mission of Build Your Future Arizona or the Greater Phoenix Chamber Foundation.
BYFAZ Careers may discontinue operating BYFAZ Careers and terminate this Agreement without notice at any time for any reason in its sole discretion.
In the event of termination, you are no longer authorized to access BYFAZ Careers, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from BYFAZ Careers, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
- Links; Disclaimers of Warranties; Limitations of Liability
The BYFAZ Careers site may contain links to third party sites on the Internet that are not part of BYFAZ Careers or controlled by BYFAZ Careers. BYFAZ Careers neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any content, goods or services available on any third-party site linked to or from BYFAZ Careers, which are the sole responsibility of such independent third parties. Your use of any third-party materials or sites is solely at your own risk. Neither BYFAZ Careers, its subsidiary and parent companies, or affiliates, or contractors, or participating companies or educational institutions, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any third-party site or any content, goods or services available on any site linked to or from BYFAZ Careers .
5.2 Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT YOUR USE OF BYFAZ Careers IS AT YOUR SOLE RISK.
NEITHER THE FOUNDATION NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTICIPATING COMPANIES OR EDUCATIONAL INSTITUTION, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES (I) WARRANTS THAT BYFAZ Careers WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BYFAZ Careers OR ANY INTERNET SITE LINKED TO OR FROM BYFAZ Careers OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH BYFAZ Careers OR ANY SITE LINKED TO OR FROM BYFAZ Careers.
Neither the Foundation, nor any of its subsidiary and parent companies or affiliates make any representation or warranty that any Job Seeker will find any employment or training or that any Employer will find an individual to hire or engage.
BYFAZ Careers IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS ONLY, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE FOUNDATION DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
5.3 Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE FOUNDATION, ITS SUBSIDIARY OR PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTICIPATING COMPANIES OR EDUCATIONAL INSTITUTIONS, OR LICENSORS, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, BYFAZ Careers, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS. UNDER NO CIRCUMSTANCES SHALL THE FOUNDATION, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTICIPATING COMPANIES OR EDUCATIONAL INSTITUTIONS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN BYFAZ Careers OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM BYFAZ Careers.
THE CONTENT WITHIN BYFAZ Careers AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM BYFAZ Careers MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF BYFAZ Careers AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE FOUNDATION AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE FOUNDATION IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, DISCRIMINATION OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY BYFAZ Careers SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF BYFAZ Careers, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING BYFAZ Careers.
THE FOUNDATION MAKES NO GUARANTEE THAT A USER WILL FIND A JOB OR A JOB CANDIDATE OR ANY TRAINING.
You agree to indemnify and hold THE FOUNDATION, its parent or subsidiary companies and their affiliates, contractors, participating companies and educational institutions, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorney’s fees, arising from breach of this Agreement, your use or access of BYFAZ Careers, or in connection with the transmission of any Content on BYFAZ Careers.
This Agreement comprises the entire agreement between the Foundation and you and supersedes any prior agreements with respect to the subject matter herein. The Foundation may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective immediately upon posting notice of such revision prominently on BYFAZ Careers or otherwise communicating to you. You agree to review this Agreement periodically to be aware of such revisions. Your continued accessing and use of BYFAZ Careers following notice of any such revision shall conclusively be deemed acceptance of all such revisions.
The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the Foundation to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state of Arizona, excluding its conflict of laws rules, and you and the Foundation each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from BYFAZ Careers have been done strictly for clarification and identification and does not constitute endorsement by BYFAZ Careers of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of BYFAZ Careers by such trademark, service mark or link owner.