JOBSITEONLINE.COM, INC. Terms of Use Agreement – June 1, 2000
This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before submitting a registration form or using the Jobsiteonline.com Web site.
ACCEPTANCE OF TERMS
Jobsiteonline.com, ("JSOL") makes available to you on this Web site (the "Site") information, documents, images, software and products (collectively, the "Information") and various services operated by JSOL (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site, which includes your access to or use of any of the Services, you agree to the Terms of Use. JSOL reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Information on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Information that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Information downloaded or printed from the Site.
This Agreement is void where prohibited by law, and the right to access the Site and Information is revoked in such jurisdictions.
LIMITED COPYRIGHT LICENSE
The Information and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Information or Services at this Site may violate such laws. Except as expressly provided herein, JSOL and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Information and Services.
Except as expressly permitted herein, no portion of the Information on this Site may be reproduced in any form or by any means without the prior written permission of JSOL.
Use of Software. The software and accompanying documentation that are made available to download from this Site are the copyrighted work of JSOL and/or its licensors or suppliers. The Terms of Use, any additional terms or end user license agreements that accompanies or is included with such software, or that are set out below govern use of the software. You will not be able to download or install any software that is accompanied by or includes an end-user license agreement unless you agree to the terms of such end-user license agreement. If you do not agree to such terms, you will not be able to use the software. Except as otherwise indicated elsewhere on this Site, you may view, download, and print the documents and information available on this Site subject to the following conditions:
1. The documents and information may be used solely for personal, informational, and internal purposes.
2. Except as expressly permitted, the documents and information may not be modified or altered in any way.
3. Except as expressly permitted, the documents and information on the Site may not be distributed.
4. You may not remove any copyright, trademark or other proprietary notices contained in the documents and information.
5. JSOL reserves the right to revoke the authorization to view, download, and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from JSOL.
6. The rights granted to you constitute a limited license and not a transfer of title.
The rights specified above to view, download and print the documents and information available on this Site are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. You agree not to use any means to circumvent log in, password, and other protections on the site put in place to restrict access to certain parts of the Site.
REGISTRATION AND MEMBER INFORMATION
Certain portions of the Site are only available to individuals and entities that have become registered members of JSOL as described in these Terms of Use ("Members"). The services available to Members may include services provided by JSOL and by third party ("Affiliates"). To become a Member of JSOL you must submit a complete JSOL registration form. By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, and (b) you personally are signing up as a Member, or (iii) that you are signing up as a Member on behalf of an entity you have identified in the registration form and are authorized to sign for and bind that entity; and (c) the information on the registration form is current, complete, and accurate. Member must update registration information to ensure that it continues to be current, complete, and accurate. JSOL reserves the right to accept or reject Member registrations for JSOL.
Upon acceptance of Member's registration form, JSOL shall provide to Member a Username and password. Upon Member's receipt of that Username and password, JSOL authorizes Member to access and use the site subject to the Terms of Use.
USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your account Username and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password or Username assigned to Member, or any breach of security through Member's account, then Member shall notify JSOL immediately by contacting JSOL at support@Jobsiteonline.com.
USE BY MEMBERS
Member may use the Site in accordance with this Terms of Use Agreement, including JSOL's "Acceptable Use Policy", which is available at the end of this Agreement. Member shall use the site only for the direct benefit of Member's internal business operations, and shall not resell project management, hosting or any other services on behalf of any third parties. With respect to information available on the Site, Member may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed only to Member's employees and so long as all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, Member shall not (i) reproduce or distribute any information available through the Site, electronically or otherwise, or (ii) store or aggregate that information. Member shall not share, rent, or sublicense any of its rights under this Agreement to any other party.
CONSENT TO AGGREGATE USE OF MEMBER INFORMATION
In order to make various features and functions of Services and Information available to Members, JSOL may collect information about Member and Member's use of the site, including the information identified in JSOL's privacy policy ("Member Information"). Member acknowledges and agrees that JSOL's collection and use of Member Information as set forth in the privacy policy, and JSOL's operation of the site, as contemplated under this Terms of Use Agreement, is not a breach of Member's right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. Member hereby waives any and all such claims or rights of action, whether foreseen or unforeseen, so long as the Member Information is collected, stored, and used in accordance with JSOL's privacy policy, or in the case of Members making use of Information or Services provided by JSOL Associates, the privacy policy of such Associate.
RELIABILITY OF INFORMATION AND SERVICES
Information and Services available on or through the Site are routinely updated, and JSOL uses commercially reasonable efforts to ensure that such information is reliable. However, Member understands and acknowledges that JSOL does not control the posting or content of all the Information, nor will it verify the timeliness or content of Information. JSOL expressly disclaims any responsibility or liability for any third-party Information or Services on the Site, or any third-party information or services available through a link from JSOL.
SUBMITTED INFORMATION
Responsibility for Submissions. You are solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to JSOL through the Site. You may only submit to the Site, content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other information that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.
JSOL does not want to receive confidential or proprietary information from you through the Site. Any non-personal unsolicited information or material sent to JSOL will be deemed NOT confidential, and by sending such information you hereby grant JSOL an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that JSOL is free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. Personal information, such as names, address, telephone numbers, etc., will remain subject to JSOL's Privacy Policy.
MEMBER CONTENT
For any information, or documents of any kind submitted or placed on the Site by Members ("Member Content") the Member shall obtain any and all licenses to, or releases of intellectual or proprietary rights in or to the Member Content before delivery to the Site. Further, Member warrants that the Member Content will not contain content that is libelous, obscene, excessively violent, scandalous or defamatory, and that the Member Content will not contain content that violates the personal, proprietary, or intellectual property rights of any third party.
License for Member Content. Certain Services offered on this Site accommodate or require Member Content. Depending upon the nature of the Service, by submitting Member Content to this Site you grant JSOL one of the following two types of licenses:
1. For Member Content including, but not limited to, documents, files, images or other material stored on the Site, you hereby grant JSOL a worldwide, royalty-free, non-exclusive license to reproduce and modify, for purposes of formatting, maintenance, or Site administration only, such Member Content. This license will be in effect until such Member Content is removed from the Site. By virtue of this license, JSOL does NOT obtain any right, title, or interest to any copyright, patent, trademark, or other intellectual property right in or to the Member Content.
2. For Member Content such as comments to the JSOL user forums, bug reports, piracy reports, or product suggestions, you grant JSOL an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such Member Content, and you also agree that JSOL is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such Member Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the Content you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
JSOL may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for Member Content. JSOL shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.
JSOL's Right to Remove or Disable Access. If JSOL is made aware of Member Content that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or otherwise unacceptable, undesirable, or objectionable, or (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, then JSOL has the right, but not the obligation, to remove or disable access to that Member Content. For Member Content that Member reasonably deems to be in violation of law, JSOL shall remove such Member Content pursuant to JSOL's Copyright Policy as specified herein
NOTIFICATION OF COPYRIGHT INFRINGEMENT
JSOL will, in appropriate circumstances, terminate the accounts of Members involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide JSOL's Copyright Agent a Notice containing the following elements:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
3. A description of where the material that you claim is infringing is located on the JSOL site.
4. Information sufficient to permit JSOL to contact you, such as your physical address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
JSOL's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By email: copyrights@Jobsiteonline.com
THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES. INQUIRIES ABOUT OTHER MATTERS SHOULD BE MADE BY SENDING EMAIL TO info@Jobsiteonline.com
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND JSOL, ALL INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JSOL MAKES NO WARRANTY THAT (i) THE SERVICES AND INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INFORMATION WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. JSOL MAY MAKE CHANGES TO THE INFORMATION AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE INFORMATION OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND JSOL MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION OR SERVICES.
JSOL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND/OR SERVICES OR FOR INFORMATION, INFORMATION, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF JSOL'S ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL JSOL OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT JSOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF JSOL'S ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JSOL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL JSOL'S LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED TEN THOUSAND U.S. DOLLARS.
MEMBERS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR JSOL ENTERING INTO THIS AGREEMENT.
TERM AND TERMINATION
This Agreement is effective as of the date you make use of the Site, or, in the case of Information and Services accessible only to Members, the date a Member receives a Username or password authorizing access to the Site, and continues in force and effect until terminated in accordance with this Section or, in the case of a user that has not become a Member, immediately upon such users breach of any of the Terms of Use. JSOL may terminate this Agreement effective upon written (or emailed) notice to Member if Member materially breaches any of the terms or conditions of the Terms or Use that is not cured within ten (10) days after notice from JSOL. JSOL reserves the right to suspend access to and use of the Site pending cure of a Member's breach. In addition, JSOL or a Member may terminate this Agreement, for any reason or for no reason, upon thirty (30) days notice to the other.
Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, Member shall cease to access or to use any information obtained through the site.
The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive the Termination of this Agreement.
INDEMNITY
At JSOL's option and request, Member shall, at its own expense, indemnify, defend, and hold JSOL and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between Member and any third party, (b) based on or caused by unauthorized access to the Site through Member's account, (c) is based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this Agreement, or (d) arising out of a request for JSOL to remove or disable access to any Member Content in or on the Site. Member shall not enter into a settlement of the foregoing without JSOL's prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from JSOL.
ENTIRE AGREEMENT
This Terms of Use Agreement constitutes the entire agreement between you and JSOL with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and JSOL. This Agreement may be modified only by a signed agreement, or as follows: JSOL may modify this Agreement by posting the new terms and conditions in the same location the previous terms and conditions were posted. If Member continues to use the Information, Services, or Site, then Member will be considered to have accepted the modifications.
MISCELLANEOUS PROVISIONS
JSOL's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
JSOL will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of JSOL including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by JSOL from its offices within the state of California, United States of America. By accessing this Site, you and JSOL agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Information or Services. You and JSOL also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County and the United States District Court for the Northern District of California with respect to such matters. JSOL makes no representation that Information or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
ACCEPTABLE USE POLICY
You agree to not use JSOL.com to:
* upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
* harm minors in any way.
* impersonate any person or entity, including, but not limited to, a JSOL official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
* upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
* upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
* upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional information, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
* upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
* interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to JSOL.com.
* "stalk" or otherwise harass another.
* collect or store personal data about other users.
* promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites.
* use your project hosting site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the site.
You also agree to not use the site to engage in commercial activities without enrolling in JSOL-approved affiliate programs. This includes, but is not limited to, the following activities:
* offering for sale any products or services.
* soliciting for advertisers or sponsors.
* conducting raffles or contests that require any type of entry fee.
* displaying a sponsorship banner of any kind.
* displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.
ASSOCIATE AND THIRD PARTY TERMS AND CONDITIONS
The terms and conditions of third parties may apply to certain Information or Services that users may access on the Site.