Careers Terms of Service

VERSION 5:  January 1, 2022

This Terms and Conditions Agreement (“Terms and Conditions Agreement”) will form a binding contract between the Customer (as defined on the Purchase Order and referred to herein as “Customer,” “You, or “Your”) and ALLY Energy Inc., a Texas for-profit corporation (“ALLY”), governing Customer’s use of and advertisements on the ALLY Website (as defined on the Purchase Order). 

By signing the Purchase Order, You agree to be contractually bound by the terms and conditions set forth in the Purchase Order and this Terms and Conditions Agreement. If You do not agree with any of the terms and conditions stated in this Terms and Conditions Agreement, You agree to not use ALLY ’s website (“ALLY Website”), or any associated services. 

Postings/Submissions

ALLY makes no guaranties as to the level of success You may achieve by using the ALLY Website. You are not be entitled to any refund, rebate or retribution for usage that You determine to be unsuccessful.

ALLY makes no guarantee that Your posting(s) will be accessible for the entire term of its listing on the ALLY Website or any third-party website. ALLY provides You with the option to allow your posting to be syndicated to external job boards if You choose to do so. Any posting sent by ALLY to external job boards will occur at zero cost to you and only as part of a larger syndicated distribution add-on or product bundle with other explicitly identified destination sites or job boards. Any fee paid associated with the purchased add-on or product bundle is attributed exclusively to the other distribution sites in that add-on or product bundle. You agree that ALLY is not liable for computer outages, software failure or other technical and non-technical issues that may cause temporary outages. 

No party may upload any offensive or hurtful items or hyperlinks to offensive or hurtful materials. Additionally, no items may be uploaded that are designed to damage the systems (ex. Viruses, Trojan horses, worms, time bombs, etc.) or designed to crack the system or extract protected data. If such items are uploaded, ALLY has the absolute right to remove them and You waive any claims against ALLY for doing so.

Rights to The Client’s Logo, Trademarks, and Tradenames

You hereby grant to ALLY the restricted non-transferrable license to use Your name, logo, and trademark (“Customer Marks”) for purposes of identification and the advertising of a job posting or advertising on the ALLY Website as per guidelines provided by Customer. You also hereby grant to ALLY the restricted non-transferrable license to use the Customer Marksto carry out ALLY’s obligations under the Purchase Order and this Terms and Conditions Agreement as per the guidelines provided by Customer. Customer may immediately terminate this Terms and Conditions Agreement if ALLY fails to follow Customer guidelines regarding the use of the Customer Marks or fails to use such Customer Marks in a manner consistent with the terms of this Terms and Conditions Agreement. The use by ALLY of any Customer Marks shall inure solely to the benefit of Customer, and ALLY shall acquire no goodwill or other interest therein.

Security

You may not access, collect, record, alter or interfere with account data that does not belong to You. Any attempts or successes at violating another user’s data or privacy shall result in breach of this Terms and Conditions Agreement and may result in criminal or civil proceedings. 

Specific Prohibited Uses 

This site or its services may not be used for any illegal or unlawful purposes. ALLY reserves the right to terminate usage by any party that ALLY deems questionable.

No party may enter data that is knowingly inaccurate, incomplete or false. No party may enter data that does not belong to them. You may not enter data for another user. This shall include, but not be limited to, the listing of job opportunities. You may not post job openings that are not for Your company. The only exception to this is if You represent an ad agency, recruitment firm, or another third-party recruitment service, with permission to post on a company’s behalf. No party may maintain an excessive amount of data on ALLY servers or upload anything that may cause excessive strain on ALLY systems and networks. No party may use the services available on the ALLY Website for any purpose other than their intended uses. This shall include, but not be limited to, the practice of posting openings that do not specifically exist for the purpose of collecting resumes or other data from our users. This practice is explicitly restricted and may result in cancellation of Your posting and removal of Your usage rights. No party may use our services with the intent of hurting, damaging, destroying, or otherwise infringing on the stability and usefulness of ALLY ’s services. No party may distribute or share Protected Materials to any third party. Protected Material includes contact information for individuals, resumes, CVs, passwords for the ALLY Website and/or discount codes or offers. No party may utilize data from the ALLY Website in an attempt to bypass the site’s security and extract Protected Data from outside sources. ALLY reserves the right to alter, edit, or remove any information posted or uploaded by You or through Your account. No party may aggregate, package, spider, collect, display any of the content on this site without the express written consent of ALLY. Any violation of the specific prohibited uses listed herein by Client shall constitute a material breach of contract.

Copyrights and Trademarks

The ALLY Website is copyrighted as a collective work, and individual works appearing on or accessible through the ALLY Website are likewise subject to copyright protection. You agree to honor the copyrights in the ALLY Website (including the selection, coordination and arrangement of the contents of the ALLY Website) and in the works available on or through the ALLY Website. You may download and maintain single copies of designated materials for Your use only or as directed in any separate partnership/affiliate agreement with ALLY. In addition, trademarks and trade dress belonging to ALLY or to others appear on or are accessible through the ALLY Website. The fact that ALLY has permitted You access to this ALLY Website does not constitute authorization to reproduce ALLY or any other trademarks or trade dress for any other purpose.

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Disclaimers and Limitations of Warranties

ALLY makes no guarantees as to the accuracy or truthfulness of any data posted on the ALLY Website. You agree that any damage You incur by relying upon this information is not the responsibility of ALLY or its affiliates or partners. References and links to products and services belonging to third parties are provided for Your convenience and do not represent an endorsement by ALLY of such products or services. ALLY is not responsible for materials accessible from or added to this ALLY Website site by third parties, including, though not limited to, job listings or comments posted in discussion groups.

You assume all liabilities and risks associated with Your interaction with individuals You come into contact with through the usage of the services accessible through the ALLY Website. Each Party agrees to release the other Party and their respective affiliates and partners from any and all actual, incidental, indirect, consequential or special damages related to lost revenues, loss profits, loss of benefit of the bargain, loss of data arising out of the usage of the ALLY, any damage to either Party’s computer system or software as a result of using the ALLY Website, the materials obtained from or provided to the ALLY Website, any representations made by third parties to You as a result of using the ALLY Website, or any other services provided to you by ALLY. 

THE ALLY WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS.” ALLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION CONTAINED ON, ACCESSIBLE THROUGH OR DERIVED BY YOU FROM THE ALLY WEBSITE AND WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE ALLY WEBSITE. 

Liability Limitation

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR BREACH OF CONFIDENTIALITY, BREACH OF DATA, BREACH OF SECURITY, OR LOST OR DAMAGED DATA) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS TERMS AND CONDITIONS AGREEMENT OR ANY SERVICES RENDERED BY ALLY, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. .

Termination of Access to the ALLY Website

ALLY reserves the right to change the contents of the ALLY Website or to discontinue it at any time, as well as the right to deny access to the site to any person whom ALLY  has reasonable grounds to believe may be the ALLY Website for an unlawful or unauthorized purpose or in a manner that may harm ALLY or any other third party.

ALLY’s Terms of Use and Privacy Policy

You agree to ALLY’s Terms of Use and Privacy Policy, which can be found on the ALLY Website here.

Mutual Indemnification

Each party shall defend against suits, claims and demands and shall indemnify and hold harmless the other, its corporate affiliates, and their respective officers, directors, employees, and agents and their successors and assigns against and from any and all losses, liabilities, damages, and expenses (including, without limitation, reasonable attorneys’ fees) included in a settlement (between the indemnifying party and a third party) of such suits, claims or demands, or awarded to a third party by a court or appropriate administrative agency of competent jurisdiction, including without limitation, those based on contract or tort arising out of or in conjunction with, but only to the extent that such losses, liabilities, damages, claims, demands, and expenses arise out of or in connection with, (i) personal injury (including death) or damage to tangible property arising from intentional acts or omissions of the indemnifying party or its subcontractors, or the officers, directors, employees, agents, successors and assigns of any of them during the term of this Terms and Conditions Agreement.

Assignments 

No assignment of the rights associated with the Purchase Order or the Terms and Conditions Agreement herewith shall be effective without the prior written approval of ALLY.

Notices 

Any notice or communication to be given by one party to the other under the Purchase Order or the Terms and Conditions Agreement must be in writing; and if given by registered or certified mail, such notice or communication shall be deemed to have been given and received when a registered or certified letter containing such notice or communication, properly addressed, with postage prepaid, is deposited in the United States mail, but if given otherwise than by registered or certified mail, it shall be deemed to have been given when received by the party to whom it is addressed.  Such notices or communications shall be delivered or sent to the addresses each party specifies in writing upon execution of this Terms and Conditions Agreement.

Amendments

No addition to, deletion from, or other modification of any of the provisions hereof shall be valid unless made in writing and signed by an authorized representative of each of the parties hereto. 

Applicable Law; Venue 

This Terms and Conditions Agreement shall be constructed under the laws of the State of Texas.  Venue for any disputes related to the services provided in the Purchase Order or by the Terms and Conditions Agreement shall take place in Harris County, Texas. You agree to personal jurisdiction in Harris County, Texas for any disputes related to the Purchase Order or the Terms and Conditions Agreement.

Waivers

No waiver of full performance by either party shall be constructed, or operate, as a waiver of any subsequent default of any of the term, covenants and conditions of this Terms and Conditions Agreement.  The payment or acceptance of fees or changes for any period after default shall not be deemed a waiver of any right or acceptance of defective performance. 

Entire Agreement   

The parties to this Terms and Conditions Agreement acknowledge that it is a negotiated agreement, and that it constitutes the entire agreement between the parties hereto respecting the subject matter hereof, and there are no understandings or agreements between them respecting the subject matter hereof, written or oral, other than as set forth herein.