AGREEMENT – Out of State
This EDJOIN Service Agreement
(hereinafter "Agreement") is by and between the organization/employer
which seeks to use EDJOIN services (hereinafter "Employer") whose
name, address and other information appears herein this Agreement, and the
Center for Educational Development and Research, (hereinafter
"SJCOE/CEDR"), a department of the San Joaquin County Office of Education
with its principle place of business at 2901 Arch-Airport Road, Stockton, CA
WHEREAS, upon subscribing to the
EDJOIN service, in accordance with the terms of this Agreement, the Employer
will be able to post jobs on the EDJOIN web site, accept online applications
via the EDJOIN web site, use EDJOIN Applicant Tracking features, and search
the EDJOIN applicant bank.
NOW, THEREFORE, In consideration
of the foregoing premises and the promises herein contained, and for other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by the parties, SJCOE/CEDR and Employer, intending to be legally
bound, hereby agree as follows:
Section 1: Employer’s Duties
Employer agrees that it will not
perform or fail to perform any act which would violate federal, state, or local
law. Employer also agrees NOT TO MAKE UNSOLICITED contact to EDJOIN
applicants to promote any services or products. This action is grounds for
immediate termination of your account. You will also be in violation of this
Agreement and subject to legal action.
Use of EDJOIN
Use of EDJOIN account through
December 31, 2013
Section 2: Service
may at any time cancel this contract upon written notice to SJCOE/CEDR.
Section 3: Service Term
The term of this Agreement shall continue
until the end of the Service Period or Employer is terminated by SJCOE/CEDR
under any provisions of this Agreement. SJCOE/CEDR reserves the right to
immediately terminate this Agreement upon: (i) A breach of Employer duties
provided for under this Agreement including, but not limited to, Employer’s
failure to pay any amounts when they become due; or (ii) Making unsolicited
contact to EDJOIN applicants to promote any services or products; or (iii) A
requirement by law or regulatory act; or (iv) Employer becomes insolvent or
commits any act of bankruptcy, or a petition for involuntary bankruptcy is
filed against Employer, or Employer makes a general assignment for the benefit
of creditors under the bankruptcy or insolvency laws.
Section 4: Regulatory Compliance
represents and warrants that it will conform to any and all laws, rules,
regulations, requirements and/or other standards that are established by
regulatory agencies. Employer specifically acknowledges and agrees that
SJCOE/CEDR has not and is not expected to provide Employer with any analysis,
interpretation or advice regarding compliance with any aspect of any such laws,
regulations, or guidelines.
Section 5: Limitations of Damages
SJCOE/CEDR shall not be held liable for
any indirect, incidental, special or consequential damages or loss of revenue
or profits arising under or with respect to this Agreement, event if SJCOE/CEDR
has been advised of the possibility of such damages.
agrees to indemnify, defend and hold harmless Employer for and against any and
all actions, claims, complaints, formal or informal, caused or the result of
negligence of SJCOE/CEDR.
agrees to indemnify, defend and hold harmless SJCOE/CEDR for and against any
and all actions, claims, complaints, formal or informal, caused or the result
of negligence or Employer.
7: Relationship of the Parties
Agreement is between two independent parties and is not intended to and shall
not be construed to create a relationship of agent, servant, employee,
partnership, joint venture or association.
8: Entire Agreement
constitutes the entire agreement between the parties and supersedes all prior
representations, proposals, discussions, and communications, whether oral or in
writing. No change, waiver, or discharge hereof shall be valid unless it is in
writing and is executed by the party against whom such change, waiver, or
discharge is sought to be enforced.
Section 9: Binding Effect
Agreement shall be binding upon and inure to the benefit of the heirs,
successors and assigns of the parties hereto.
I/We have carefully examined the provisions of the
Agreement and I/we hereby accept to have read and fully understood the terms