1.

Access Authority and Conditions. Subject to compliance with each of the terms of this Agreement, RGV Job Bank agrees to permit You to access the RGV Job Bank Resume Database (the "Resume Database") via the Site for the purpose of viewing and/or downloading a single copy of available resumes solely for Your use. Following are certain requirements regarding such access:

1.1

The Resume Database is to be accessed and used solely by You. Upon Your successful registration for Resume Database membership, You will be provided with a password that will permit You to access the Resume Database. You may not provide Your password or otherwise permit access to the Resume Database to any third party. You may download, one at a time, up to your subscription limit of resumes for Your use in accordance with the terms of this Agreement. You may not provide or distribute such resumes to any third party. You are responsible for protecting and keeping Your password confidential.

1.2

You may not use the Resume Database in any way which, in RGV Job Bank’s reasonable judgment, adversely affects RGV Job Bank’s business or business prospects, the performance or function of the Site or the Resume Database or interferes with the ability of other members.

1.3

You may not use the Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services.

1.4

RGV Job Bank may terminate, update, alter or supplement all or any part of the Resume Database offering at any time. By permitting access to the RGV Job Bank Resume Database, RGV Job Bank does not convey any interest in or to the Resume Database or any other RGV Job Bank property or services. All right, title and interest in and to the Resume Database is and shall remain in RGV Job Bank.

1.5

You agree that Your access to the Resume Database will be in compliance with any additional usage requirements provided by RGV Job Bank from time to time.

2.

Subscription Period. This Agreement shall commence as of the date you click “I accept”, agreeing to be bound by the terms of this Agreement (the “Effective Date”) and shall continue for the duration of the Subscription Period selected and prepaid in full by You (”Subscription Period”), unless terminated earlier by RGV Job Bank as provided herein. You may not cancel this Agreement for any reason during the Subscription Period.

3.

Disclaimer of Warranties. THE RESUME DATABASE MEMBERSHIP AND USE OF THE RGV JOB BANK RESUME DATABASE ARE PROVIDED "AS IS". NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE RESUME DATABASE. THE RGV JOB BANK RESUME DATABASE IS GIVEN OR ASSUMED BY RGV JOB BANK OR ITS AGENTS. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. RGV JOB BANK MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE RESUMES. RGV JOB BANK DOES NOT WARRANT THAT YOUR USE OF THE RGV JOB BANK RESUME DATABASE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.

4.

Limitation of Liability. IN NO EVENT WILL RGV JOB BANK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS OR INABILITY TO ACCESS THE RESUME DATABASE) ARISING HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF RGV JOB BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL RGV JOB BANK'S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU.

5.

Indemnification. You will, at Your sole cost and expense, indemnify and hold RGV Job Bank, and its affiliates and its assigns and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including attorneys’ fees and expenses) arising out of or related to Your use of the Resume Database or any breach of the terms hereof in any manner. You shall permit RGV Job Bank to participate in any such action to the extent that, in RGV Job Bank's judgment, RGV Job Bank may be prejudiced thereby, and You shall not settle any such action without the prior written consent of RGV Job Bank.

6.

Amendments. RGV Job Bank reserves the right to modify the terms and conditions of this Agreement or provide additional usage requirements in its sole discretion at any time by posting a revised version hereof or by otherwise making such revised terms available for review by You. Any such modifications will supersede all prior versions after the revised version has been posted or otherwise made available as described above. Your continued use of the Resume Database after posting or availability constitutes Your agreement to the revision.

7.

Authority. You represent and warrant that the person accepting this Agreement has full right and authority to enter into this Agreement on Your behalf.

8.

Controlling Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The exclusive jurisdiction for any action relating to this Agreement shall be a federal or state court in Hidalgo County, Texas, and the parties consent to such jurisdiction.

9.

Force Majeure RGV Job Bank shall not be liable or responsible for any delay or failure in performance if such delay or failure is due to causes beyond its control.

10.

No Assignment. You may not assign this Agreement or any of your rights hereunder. Any such attempted assignment shall be null and void.

11.

Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto.