TwilightCareers.com
Terms and Conditions of Use

Welcome to TwilightCareers.com ("Website"), the site that helps connect seniors with potential employers searching for a qualified workforce, operated by Twilight Careers, LLC ("Twilight Careers"). Thank you for accessing our Website. (All references to "You" include but are not limited registered "Members" as hereinafter defined.)

By using the Website, you agree to be bound by the Terms and Conditions of Use (this "Agreement"), whether or not you register as a Employer member or Senior member of TwilightCareers.com ("Member"). If you wish to become a Member and make use of the TwilightCareers.com service ("Service"), please read carefully these Terms and Conditions of Use and the Privacy Policy for our Website, which you can access from the Website home page. If you do not wish to be bound by this Agreement or the TwilightCareers.com Privacy Policy, which is incorporated herein by reference, you must immediately discontinue use of this Website. We may change our terms and conditions of use at any time, effective upon posting on the Website, and your use of the Website after such posting will constitute acceptance by you of such changes.

Eligibility to Use Website. You must be at least eighteen (18) years old or the minimum legal age in the jurisdiction in which you are viewing our website to access or view the Website.

Individuals seeking publication on the Website must complete a "Profile" which provides specific information about the person's education and job or career experience with the objective publishing this information to interested employers ("Senior"). Prospective employers must be legal entities (corporations, limited liability company's or other recognized legal entity) or, if a sole proprietor, at least eighteen (18) years old ("Employers"). Employers that are corporations or other legal entities must be in good standing in the jurisdiction where the employer is formed or doing business. All Employers must hold the licenses required to do business and otherwise be in compliance with all federal and state laws. While Twilight Careers will require each Employer to represents that it is in compliance with the conditions of this Agreement, Twilight Careers does not investigate or audit Employers to confirm that the Employer has satisfied these conditions.

Membership in the Service is void where prohibited. Access to this Website from countries or territories in which the content or use of the website is illegal is strictly prohibited.

Representations and Warranties You Make by Using This Website. By using this Website, you represent and warrant that you are at least 18 years old or the minimum legal age in your jurisdiction; that you have read, understood, and agree to be bound by this Agreement; that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and that you agree to comply with all applicable laws and regulations.

Ownership, Proprietary Information, and Intellectual Property. All content included on this site is and shall continue to be the property of Twilight Careers, which owns and retains all proprietary rights in the Website and the Service. Unless otherwise noted, all materials, including, without limitation, site design, articles, other text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, names, and written and other materials that appear as part of this Website (collectively, the "Intellectual Property") are copyrights, trademarks, trade dress, and/or other intellectual properties owned, controlled, or licensed by Twilight Careers, its affiliates and licensors. The Website, as a whole, and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries. All Twilight Careers trademarks appearing at this Website are trademarks of Twilight Careers. Except for that information which is in the public domain or for which you have been given written permission to use by Twilight Careers, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this Website, in whole or in part.

Without prior written permission from Twilight Careers, (1) other websites may not hyperlink to any page beyond the homepage of this Website, or frame this Website or any web page or material herein; (2) no person or entity may include a hyperlink to any page or portion of this Website in an email for commercial purposes. You may inquire about obtaining permission by writing to us at P.O. Box 2687, San Francisco, CA 94126

You may not use, post, distribute, or reproduce in any way the trademarks, service marks, product names, and company names or logos of other persons or entities without the prior written consent of the owner of such proprietary rights.

Twilight Careers respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act ("DMCA") regarding such rights. By submitting any information, materials or photographs through this Website, (1) you are granting permission to have this material posted on this Website, and (2) you are representing that the information or material is accurate and authentic and that you are the rightful owner of the submitted material and that no other person or entity may claim rights to such material. Twilight Careers reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Twilight Careers may have under law or contract.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: Twilight Careers, LLC, P.O. Box 2687, San Francisco, CA.

Personal and Limited Commercial Use; Limitations on Use. This Website is for the personal and limited commercial use of Members (Seniors or Employers) who register with Twilight Careers. Specifically, the Website is intended to assist Seniors seeking employment and potential Employers looking for employees which meet the specifications of a job or position with the Employer. This Website may not be used in any other commercial endeavors. Members should only use the website for the purposes described above in accordance with the protocols provided by Twilight Careers. Uses of the Website for any other purpose is prohibited.

As noted above, the Contents of our Website and the Website as a whole are intended solely for personal use and the limited commercial use described in the preceding paragraph. You are hereby granted a non-exclusive license to use the Content of this Website, but only while accessing this Website. You are also hereby granted a limited license to print copies of or download any Content posted on this Website, but only for your personal use or for the limited commercial use described above. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as expressly provided above, all rights are reserved by Twilight Careers and you may not reproduce, publish, transmit, distribute, display, perform, modify, adapt, create derivative works from, sell or participate in the sale of, or exploit in any way, in whole or in part, any of the Contents, the Website, or any related software.

Use of any of our trademarks as metatags on other websites is also strictly prohibited. You may not display this Website in frames (or any of the Content via in-line links) without our express written permission, which you may request by writing to us at P.O. Box 2687, San Francisco, CA 94126. You shall not use any automatic or manual device, process, software, program, algorithm, methodology, or routine, including, but not limited to, a robot, spider, site search/retrieval application, or other similar process, to retrieve, index, "data mine," or in any way reproduce, interfere with, or circumvent the navigational structure, presentation, or operation of the Service, its contents, or the Website as a whole.

Illegal and/or unauthorized uses of the Website, including, but not limited to, collecting usernames and/or email addresses of members for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated. and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress.

Third-Party Websites. Our website may contain hypertext links ("Links") to websites operated by persons or entities other than us ("Third-Party Websites") as a convenience for our visitors. Twilight Careers does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. A Link from our Website to a Third-Party Website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party Website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party Websites to which you might link from our Website. If you believe we have provided a Link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.

Use of Website for Communications. Our Website may contain electronic communication facilities. You shall not use our Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services (other than to offer services with respect to the employment of Seniors through our Website), to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. You agree not to post or store on our site any software, information, data, databases, music, audio, video, or audio-visual files, photographs, images, documents, text, digital files, or other material ("Material") which violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or (to the extent protectable) confidential ideas.

YOU SHALL BE SOLELY LIABLE FOR ANY AND ALL DAMAGES OR HARM ARISING FROM YOUR USE OF OUR WEBSITE.

You agree that we and our affiliates do not, and shall not be considered to, endorse, review, screen, or approve any electronic communications. We have no obligation to screen communications or information in advance and we are not responsible for screening information submitted or posted in any way by users. Any job listings posted on the Website and any electronic communications posted on a message board or other public forum on the site shall be considered to be public, not private, communications. Notwithstanding the preceding limitations, we reserve the right, and you expressly agree that we have the right, for any reason whatsoever or for no reason, to remove without limitation, information, content, or any other material, from postings and/or communications in and/or through the Website. Under no circumstances may we be held liable for removing, disabling, or restricting access to or availability of any Material or other content.

Except for information provided to us, as described in our Privacy Policy, any and all material, information or ideas that you upload, publish, distribute, post, or disseminate on or through our Website by any means will be treated as non-confidential and non-proprietary, and you hereby grant us and our affiliates an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to reproduce, adopt, distribute, or publicly display all or any portion of such material for any purpose whatsoever, including providing such material, information, or ideas as Content.

Membership and Pricing.

Seniors can access the Service at no cost. Seniors will complete a membership profile ("Profile") which will request that the Senior include its name, address, and past and current employment experience as well as any licenses, degrees or special training that may qualify the Member for specific work ("Qualifications"). The Profile will also solicit the Senior's preference as to location, job assignment, work hours and other information that will assist a possible Employer to identify a Senior as a potential candidate ("Job Criteria").

All Seniors will be assigned a number. Employers will be able to view a distilled summary of a Senior's Qualifications and Job Criteria ("Profile Summary") . If an Employer identifies a Senior which is an appropriate candidate for consideration, Twilight Careers will provide the Employer with the Senior's contact information with the Senior's consent. At no time will the Senior's contact information be available to an Employer without the Senior's express consent.

Employers who become paying subscribers or subscribe on a promotional basis can post descriptions of the essential functions of a job available with the Employer including job duties, qualifications, salary and benefits ("Job Posting") to communicate employment opportunities with Seniors through the procedures provided in this Agreement. The subscription policies and billing details disclosed to Employers in subscribing to the Service are hereby incorporated by reference into this Agreement.

Employers' method of payment will be via a secure electronic transaction facilitated by Paypal. Payment will be on a per job basis.

Prohibited Use. You may not use this Website for any purpose that is unlawful or prohibited by this Agreement. Your access to the Website and/or Profiles or Job Listings or any other services provided by the Website may be terminated immediately, at Twilight Careers' sole discretion, with or without notice, for any reason, including your misuse of the Service, your failure to comply with any provision of this Agreement, or your unlawful conduct, or for no reason.

The following merely is a partial, representative list of the type of actions that you may not engage in with respect to the Service:

• You will not impersonate any person or entity.
• Seniors cannot provide any incomplete, false, or inaccurate information on the Profile.
• Employers shall not post any incomplete, false, or inaccurate Job Listings.
• Employers shall not "stalk" or otherwise harass any person or entity.
• Employers shall not post any false, erroneous, or incorrect information on the Website.

No statements, express or implied, in job postings or on Member Profiles are endorsed by TwilightCareers.com without our specific prior written consent.

You will not interfere with or disrupt the Service, the Website, or the servers or networks connected to the Services or the Website by any means, including "flooding," "spamming," "mailbombing," or "crashing."

Privacy Policy. Use of the Website and the Service is also governed by our Privacy Policy, which is incorporated herein by reference.

Indemnification. You agree to indemnify, defend, and hold harmless Twilight Careers, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of this Website and our services. Twilight Careers reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Twilight Careers in asserting any available defenses.

Accounts, Security, Passwords. Our Website allows for the registration of Members, or the opening of an account. To become a registered Member, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form.

It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is your responsibility to maintain the confidentiality of your password and account. Additionally, you are responsible for any and all activities that occur under your account. You agree to notify Twilight Careers immediately of any unauthorized use of your account. Twilight Careers is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account at any time.

Modification/Termination of Website. Twilight Careers reserves the right, in its sole discretion, to modify, suspend, or terminate this Website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you.

In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Twilight Careers shall not be liable to you or any third-party for any termination of your access.

International Use/United States Export Controls. This Website is governed by and operated in accordance with the laws of United States of America and the State of California and is intended for enjoyment of residents of the United States. Twilight Careers makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge that this site is subject to U.S. law, consent to the transfer of personal data to the United States, and waive any claims that may arise under their own national laws.

Accessing materials on this Website by certain persons in certain countries may not be lawful, and Twilight Careers makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software downloadable from this Website. No software or any other materials associated with this Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the United States Treasury Department list of Specially Designated Nationals and Blocked Persons or the United States Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

LEGAL DISCLAIMERS REGARDING EMPLOYERS AND MEMBERS.

TWILIGHT CAREERS OFFERS THIS WEBSITE AS A LOCATION FOR EMPLOYERS TO IDENTIFY POSSIBLE CANDIDATES FOR EMPLOYMENT OPPORTUNITIES. TWILIGHT CAREERS ACCEPTS ALL INFORMATION SUBMITTED BY MEMBERS WITHOUT INVESTIGATING THE SOURCE, ACCURACY OR TRUTH OF THE STATEMENTS MADE. TWILIGHT CAREERS DOES NOT PERFORM ANY TYPE OF INVESTIGATION OR BACKGROUND CHECK ON MEMBERS AND ALL EMPLOYERS ARE RESPONSIBLE TO COMPLY WITH BOTH FEDERAL AND STATE LAWS PERTAINING OT THE APPLICATION AND SCREENING OF MEMBERS AS CANDIDATES FOR EMPLOYMENT AND TO OBTAIN ALL THE NECESSARY DOCUMENTATION TO COMPLY WITH I-9 REQUIREMENTS, LICENSES, AND OTHER CERTIFICATIONS OR QUALIFICATIONS FOR ANY POSITION OFFERED BY THE EMPLOYER.

TWILIGHT CAREERS DOES NOT GUARANTY OR WARRANT THE STATUS OF EMPLOYERS INCLUDING THEIR EMPLOYMENT PRACTICES, ENVIRONMENT, LEGAL STATUS OR ANY OTHER FACT OR CIRCUMSTANCE REGARDING THEIR BUSINESS OR METHOD OF OPERATION. ALL MEMBERS ARE RESPONSIBLE TO PERFORM THEIR OWN DUE DILIGENCE WITH RESPECT TO ANY EMPLOYER THAT MEMBER INSTRUCTS TWILIGHT CAREERS TO SUBMIT THE MEMBER'S CONTACT INFORMATION.

Disclaimer of Warranties. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK.

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TWILIGHT CAREERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWILIGHT CAREERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. TWILIGHT CAREERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. TWILIGHT CAREERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

TWILIGHT CAREERS IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OF SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

Limitations on Liability. In no event shall Twilight Careers, its subsidiaries, affiliates, distributors, suppliers, licensors, independent contractors, subcontractors, agents, or others involved in creating, sponsoring, promoting, or otherwise making available this Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) damages from your inability to use, unauthorized use of, performance or non-performance of this Website; (iii) damages from unauthorized access to or tampering with your personal information or transmissions; (iv) damages from the provision or failure to provide any service; (v) damages from errors or inaccuracies contained on the Website or any information, software, products, services, and related graphics obtained through the Website; (vi) damages resulting from any transactions, agreements, or relationships entered into through this Website including, without limitation, those relationships or transactions described in the Disclaimers above; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Website. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Twilight Careers has been advised of the possibility of damages.

Twilight Careers expressly disclaims any liability for any damages incurred by Member or Employers in connection with any employment relationship that may result from use of this Website including, without limitation, the relationships or transactions described in the Disclaimers above. This Website is merely a venue for Employers to publish information supplied by both Members and Employers to either interested party. Twilight Careers is not an agent, broker or recruiter for purposes of assisting Seniors to find suitable employment or for Employers to fill job openings with qualified employees, as limited by the Disclaimers set forth above. Twilight Careers has no control over the quality, safety, or legality of the jobs posted; the truth or accuracy of job listings posted by Employers; the qualifications of Seniors for a job position or the nature, scope, or context of the job offered. In addition, there are risks, including but not limited to the risk of physical harm, in dealing with strangers, foreign nationals, or persons acting under false pretenses. Users of this Website assume all risks associated with dealing with anyone with whom you come into contact on this Website.

Because user authentication on the Internet is difficult, Twilight Careers cannot and does not confirm that each user is who he or she claims to be. Because we do not and cannot become involved in user-to-user dealings or control the behavior of participants on our Website, by using this Website, you release Twilight Careers, its agents, employees, managers, and affiliates from any and all claims, demands, and damages, known or unknown, arising from or in any way connected with disputes with other users of this Website. If you are a California resident, you hereby waive Civil Code section 1542, which states, "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

General Legal Provisions. This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Marin, California, USA, in all disputes arising out of or relating to the use of our Website. Use of our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees.

Headings used in this Agreement are for the convenience of the parties and convey no substantive meaning to this Agreement.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Website.

If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved.

This Agreement is the entire and final Agreement regarding our Website and its Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Effective Date: February 19, 2009