ACCEPTANCE OF TERMS

ResTrust provides its services to you subject to the following Terms and Conditions of Use, and such supplemental terms as are contained in the onsite registration page of the Site (together, the “Terms”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE RESTRUST SITE OR ANY OF THE ASSOCIATED OR INCLUDED SERVICES (which collectively constitute the "Site"). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. RESTRUST RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS TO THE SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS, AS YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS.

Reference to “you” and “your” refer to the person accessing the Site; however, if you register on behalf of your business, such reference includes the business, and you represent that you have authority to register for the business and to bind the business to these Terms.

Section 1. User Conduct.
Specific Prohibited Uses. THE SITE MAY BE USED ONLY FOR LAWFUL PURPOSES BY INDIVIDUALS WHO MAY FORM LEGALLY BINDING CONTRACTS. THIS SITE IS NOT INTENDED FOR USE BY MINORS. IF YOU DO NOT MEET THE FOREGOING REQUIREMENTS, YOU MAY NOT ACCESS OR USE THIS SITE OR ANY OF THE SERVICES ON OR THROUGH THE SITE. You agree that you will not use the Site for any purpose or in any manner that is prohibited by these Terms.

ResTrust specifically prohibits any use of this Site, and the information contained within this Site, for any of the following: (i) transmitting or posting any message, information, data, text, software or images, or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or otherwise objectionable, illegal or that may invade another's rights; (ii) "stalking" any party; (iii) posting or transmitting any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity which, by way of example, requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents; (iv) deleting or altering any material posted by any other person or by ResTrust; (v) violating any applicable laws; (vi) transmitting or posting any information or other materials that will infringe the copyright, trademark, trade secret or other intellectual property or property rights of others, (vii) posting or transmitting any unsolicited advertising, promotional materials, or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise.

1. Site Security Rules. You are prohibited from violating or attempting to violate the security of the Site or any of ResTrust's systems including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" or any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) sending unsolicited e-mail, including promotions or advertising of products or services; or (e) using any robot, spider, agent or other automatic device, or manual process to monitor or copy the Site or the content contained herein without ResTrust’s written permission, you agree that you will not post, transmit or use any device, software or routine designed to interfere or attempt to interfere with the proper working of the Site, or interrupt, destroy or limit the functionality of any User’s system or data. Violations of system or network security may result in civil or criminal liability. ResTrust will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
   
   
2. Violation of Terms. You understand and agree that ResTrust may, in its sole discretion, suspend or terminate your access to the Site without prior notice if ResTrust believes that any usage has violated or is inconsistent with these Terms, or that you have violated the rights of ResTrust, another User of the Site, or the law.
   
   
3. Copyright Infringement. If you believe materials have been copied in a way that constitutes copyright infringement, please send an e-mail to ResTrust's designated agent for notices of infringement at inquires [at] ResTrust.net.
   
   
4. Posted Content. You understand that the ResTrust services verify information included in your resume in order to provide certification of the resume. If you upload your resume for certification by ResTrust, or post your resume, in addition to the Terms you agree as follows: (a) ResTrust may provide your personal information and the resume to third parties in order to verify the accuracy of information in your resume; (b) ResTrust, directly or through third parties, may contact the past employers, schools and other facilities listed on your resume to verify the information; (c) ResTrust may refuse to certify your resume if it cannot verify the accuracy of the information; (d) once certified, ResTrust may provide access to its archived version of the resume to any person who has a copy of the certified resume. By uploading, posting or transmitting any information on the Site, you grant to ResTrust, its affiliates and assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such information for the purpose of providing the services, and to permit others the right to access, copy and use such (the “Rights”) in providing services to ResTrust.

Section 2. Modification or Termination of the Site.
ResTrust shall have the right to terminate this Site and to discontinue, suspend or modify this Site, its content, or any of the services provided via this Site, at any time, with or without notice, at its sole discretion. You agree that ResTrust shall not be liable to you or to any third party for doing so. In addition, ResTrust may, in its sole discretion, refuse to accept an application for an account and/or refuse or restrict its services to anyone at any time.

Section 3. Use of Materials.
The contents of this Site, such as the "look" and "feel" of the Site, text, graphics, images, logos, button icons, HTML, software or other code used to generate the Site, and other information compiled on the Site (the "Material"), are protected under both United States and foreign copyright, trademark and other laws and may not be copied without the express permission of ResTrust. All Material is the property of ResTrust or its content suppliers or customers. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose, except as expressly permitted by ResTrust. Re-use or re-sale of the Site (or any part thereof) for any purpose is strictly prohibited. THE USE OF WEBWACKER OR SIMILAR PRODUCTS TO DOWNLOAD ANY OF THESE PAGES INFRINGES ON RESTRUST'S COPYRIGHT. DO NOT USE WEBWACKER OR SIMILAR PRODUCTS ON THIS SITE!

Section 4. Registration and Password.
If you register with the Site, you are responsible for maintaining the confidentiality and security of your information and all password(s). You shall be responsible for all uses of your registration and any associated account, whether or not authorized by you. You agree to immediately notify ResTrust of any unauthorized use of your registration, account or password.

Section 5. User Information.
When you register for use of the Site, you will be asked to provide ResTrust with certain information including, without limitation, a valid email address (your "Information"). You agree that you will, on an ongoing basis, ensure that your Information remains complete, current and accurate, and that you will promptly notify ResTrust of any changes to your Information. The terms of our privacy policy may be reviewed online at any time by going to the following link: http://www.restrust.net/content/privacy_policy , which is incorporated into these Terms by this reference.

Section 6. Disclaimers.
ResTrust makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or any of the Materials. The use of the Site is at your own risk. Changes are periodically made to the Site and may be made at any time. ResTrust does not warrant that the Site, Materials or its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, ResTrust is not responsible for those costs. ResTrust shall not be responsible for any employment decisions. ResTrust is merely providing a venue and a conduit for your convenience to facilitate your interactions with prospective employees and ResTrust is not an employer, agent or otherwise involved in the interaction between prospective employees and employers or the employment process between parties using this Site. Nothing contained in or available via the Site shall constitute an affiliation, sponsorship, or endorsement by ResTrust of any of the prospective employees, employers or Users of the Site, or of the respective products and services they may buy, sell or otherwise provide. Employers and users of the Site retain the final responsibility for the final verification of the applicant's identity and decision concerning employment.

THE SITE, INCLUDING ALL ASSOCIATED SERVICES AND MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RESTRUST, TO THE FULL EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR TITLE OR NONINFRINGEMENT. RESTRUST MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OF ANY MATERIALS, SERVICES, SOFTWARE, AND LINKS ASSOCIATED WITH OR INCLUDED IN THE SITE, OR THAT THE SITE (OR ANY PART THEREOF) WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. IN ADDITION, RESTRUST DOES NOT WARRANT THAT THE SITE (OR ANY PART THEREOF) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.

Section 7. Limitations of Liability.
You recognize that information is obtained and managed by fallible sources, and that ResTrust cannot guarantee or insure the accuracy of the information provided or insure the suitability, fitness or identity of any applicant, or the completeness and accuracy of all information included in resumes available on the Site. ResTrust is primarily a screening service that will make commercially reasonable efforts verify specified information as possible under the circumstances. ResTrust does not act as the final guarantor of the information accuracy or completeness. You release ResTrust and its affiliates, officers, agents, employees, contractors, information providers and credit agencies from any liability and claims, losses, injury or damage whatsoever arising out of the use of the Site, its Materials and any report or service, or arising from any inaccuracy and/or incompleteness of the information reported, or related in any way to any applicant or hiring decision stemming from employer's use of ResTrust.

UNLESS OTHERWISE AGREED UPON BY BOTH PARTIES IN WRITING, IN NO EVENT SHALL RESTRUST BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE SITE (OR ANY PART THEREOF INCLUDING ANY ASSOCIATED SERVICES OR MATERIALS), (ii) ANY DELAY OR INABILITY TO USE THE SITE (OR ANY PART THEREOF), OR FOR ANY MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND/OR LINKS ASSOCIATED WITH OR INCLUDED IN THE SITE, OR (iii) ON ANY OTHER BASIS (REGARDLESS OF WHETHER ANY OF THE FOREGOING IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF RESTRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RESTRUST'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED WITH A MAXIMUM DAMAGE AMOUNT BEING ONE THOUSAND DOLLARS ($1,000.00).

Section 8. Links to Other Sites.
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by ResTrust of the contents of or goods and services offered through such third-party web sites. If you decide to access linked third party web sites, you do so at your own risk. ResTrust is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of or relating to any use, reference to, or reliance on such third party web sites.

Section 9. Indemnity.
You agree to indemnify, and hold harmless ResTrust, its officers, directors, employees and agents, from and against any claims, actions or demands, losses, costs and expenses, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Site or your violation of the Terms. ResTrust shall provide notice to you promptly of any such claim, suit, or proceeding.

Section 10. Dispute Resolution.
Any controversy or claim arising out of or relating to these Terms, or otherwise relating to the Site (with the exception of injunctive relief or any other type of relief sought by ResTrust for any violation of ResTrust's or ResTrust's licensors and suppliers' proprietary rights), shall be settled by arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties to this Agreement. Such arbitrators shall be experts in the computer/information technology field. The cost of arbitration, including fees per arbitrator, shall be borne by the non-prevailing party. The location of arbitration shall be Fort Lauderdale, FL, USA.

Any claim or cause of action you may have arising out of or related to use of the Site, the service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section 11. Miscellaneous.
You agree that no joint venture, partnership, franchisor-franchisee, employer-employee, or agency relationship exists or is created between you and ResTrust (or any of ResTrust members or subscribers) as a result of this agreement or your use of this Site. Nothing contained in these Terms will diminish ResTrust's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ResTrust with respect to such use. These terms represent a binding agreement between ResTrust and you, and our respective successors and assigns. These Terms shall be governed by the laws of the State of Florida and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and subject to the dispute resolution procedures set forth in Section 10, above, venue for any action or dispute in the state and federal courts located Fort Lauderdale, FL. U.S.A. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable. ResTrust will be entitled to equitable relief upon a breach of these Terms by you, in addition to any other remedy at law or in equity. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. All rights not expressly granted herein are hereby reserved by ResTrust.

The Terms constitute the entire agreement between you and ResTrust with respect to your use of the Site, superseding any prior agreements with respect to the subject matter between you and ResTrust (including, but not limited to, any prior versions of the Terms). These Terms and the service contemplated hereunder are personal to you, and are not assignable, transferable or sub- licensable by you. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Section 12. Violations.
Please report any violations of the Terms to us at inquiries@restrust.net .

Effective date: 2/16/07