TERMS OF USE
1. Acceptance of Terms
This Terms of Use set forth below (“TOU”) governs your use of this site on the world wide web (the “Site”) of Jobonomics, LLC, a California limited liability company (“Jobonomics”), and the employment search and the online message board and other services available on this site (the “Services”).
You must be 18 years of age or older to visit or use the Site and/or the Services of Jobonomics in any manner. By visiting or using the Site and/or the Services, you represent and warrant to Jobonomics that you are of legal age to form a binding contract, and you have the right, authority and capacity to agree to and abide by the TOU. Furthermore, by visiting or using the Site and/or the Services, you are indicating your acceptance to be bound by each of the TOU. If you do not accept the TOU stated here, you may not use the Site and/or the Services.
Jobonomics may revise the TOU from time to time without notice to you. Your continued use of the Site and/or the Services shall constitute your consent to such changes. You should visit this page periodically to review the TOU, because they are binding on you.
2. Use of Jobonomics
Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to all information, data, text, photographs, graphics, messages, tags or other materials (collectively, the "Contents") on any legal basis.
Jobonomics grants you the limited right to use the Site and/or the Services of Jobonomics for your personal, non-commercial use only. A written consent by Jobonomics
MUST be obtained prior to using the Site and/or the Services for commercial purpose. You agree not to make any unauthorized commercial use of this Site and/or the Services. This limited license terminates automatically, without notice to you, if you breach any of the TOU. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed copies of the Contents and cease using the Site and/or the Services.
3. General Use Restriction
You are prohibited from:
(a) using the Site and/or the Services to upload, post, transmit, store or destroy any of the Contents (1) in violation of any applicable law or regulation, (2) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (3) that is defamatory, obscene, threatening, abusive or hateful.
(b) taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and/or the Services, including, without limitation the following activities:
(1) logging into an account which you are not authorized to access;
(2) accessing data or personally identifiable information not intended for you;
(3) testing the security measures on the Site and/or attempting to identify system vulnerabilities without proper authorization;
(4) forging headers or otherwise manipulate identifiers in order to disguise the origin of any of the Contents transmitted through the Site and/or the Services;
(5) impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
(6) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting 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.
Jobonomics may investigate occurrences which may involve such violations and may respond as appropriate to enforce the TOU and compliance with any applicable law or regulation. Jobonomics may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Jobonomics reserves the right to terminate our relationship with you under the terms herein and prohibit your access to the Site and/or the Services or to edit, remove or close any submission for any reason, including, without limitation, any action that Jobonomics, in its sole judgment, determines to be inappropriate or disruptive to the Site, the Services or to any user.
4. Specific Prohibitions
The Site and/or the Services of Jobonomics may be used only for lawful purpose by individuals seeking employment and career information and employers seeking prospective employees.
Jobonomics specifically prohibits without limiting the generality of foregoing, and you agree not to do any of the following:
(1) post any incomplete, false or inaccurate information;
(2) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Site;
(3) delete or revise any material posted by any other person or entity without express written authorization of such person or entity;
(4) post any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement;
(5) use the Site, the Services and/or the Contents for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users' employment opportunities, including but not limited to reselling or reposting resumes found on this Site, or using the information in the resumes to sell or promote any products or services;
(6) use the Services to recruit replacement workers in a labor dispute;
(7) include any hyperlinks, hidden keywords or any keywords that are irrelevant to the job or are otherwise misleading in any submission posted by you;
(8) frame or link to any of the Contents or information available from the Site;
(9) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
(10) aggregate, copy or duplicate in any manner any of the Contents or information available from the Site for any purpose other than expressly permitted herein; or
(11) retrieve or index any portion of the Site, including, without limitation, via means of any robot, spider or other program or device.
5. Contents – Submission, Risk, Limited Liability
Jobonomics does not claim ownership of the Contents submitted by third parties. However, by posting any of the Contents to any area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Jobonomics and its designees an irrevocable, perpetual, royalty free, non-exclusive, fully sub-licensable, worldwide license to use, distribute, reproduce, modify, publish, perform and display such Contents and to incorporate such Contents into other works in any format or medium now known or later developed.
You understand that all the Contents, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Contents originated. The Contents in Jobonomics’s search results, or linked from those results, have been created by people over whom Jobonomics exercises no control. This means that you are entirely responsible for all the Contents that you upload, post, email, transmit or otherwise make available via the Site and/or the Services. Furthermore, Jobonomics does not control nor screen the Contents posted or included in Jobonomics’s search results. Jobonomics’s search results are indexed in an automated manner, and Jobonomics does not guarantee the accuracy, integrity or quality of such Contents. Your access to the Site and the Services is undertaken at your own risk and Jobonomics shall not be liable for any use or disclosure of any of the Contents.
The Site may provide links to other external web sites or resources over which Jobonomics does not have control. Such links do not constitute an endorsement by Jobonomics of those external web sites or resources, but these links are provided to you only as a convenience. Your use of external web sites is subject to the terms of use and privacy policies located on those external web sites, and you agree that Jobonomics is not responsible for the contents of such external web sites.
Jobonomics has no obligation to screen communications or information in advance and is not responsible for screening or monitoring the Contents posted by you. However, Jobonomics may review and delete any of the Contents that, in the sole judgment of Jobonomics, violates the terms herein, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of users of Jobonomics. Jobonomics reserves the right to expel user and prevent their further access to the Site and the right to remove any of the Contents.
6. Registration
Some areas of the Site and the Services require you to register as a member. By registering as a member, you agree to provide true, accurate, current and complete information about yourself. You are responsible for maintaining the confidentiality of your account and agree not to transfer or resell your use of or access to the Site to any third party. You will be responsible for all uses of your registrations and passwords, whether or not authorized by you.
7. Privacy Policy
The TOU includes Jobonomics’s Privacy Policy, which is incorporated herein by reference and made a part hereof.
No information you submit shall be deemed confidential. However, Jobonomics agrees to use your information in accordance with Jobonomics’s Privacy Policy applicable to personally identifiable information.
8. Disclaimer of Warranty
You acknowledge and agree that:
JOBONOMICS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR THE CONTENTS CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY’S CONTENTS.
YOUR USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOBONOMICS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9. Limitation of Liability
NEITHER JOBONOMICS NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE CONTENTS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF JOBONOMICS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
You agree to defend, indemnify and hold harmless Jobonomics, its affiliates, and their respective officers, directors, employees and agents, from and against any and all liabilities, claims, costs and expenses, including without limitation reasonable legal and accounting fees, that arise, directly or indirectly, out of or in connection with your use of the Site and/or the Services or breach of the terms herein.
11. Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of Jobonomics or others used on this Site and in the Services are the property of Jobonomics or their respective owners. You may not display or use any Trademarks without the express prior written permission of Jobonomics or the respective owner.
If you believe that your work has been copied to the Site and is accessible in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by providing the following information:
(1) The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
(2) A description of the copyrighted work you claim has been infringed;
(3) Identification of the URL or other specific location on the Site where the material or activity you claim to be infringing is located or is occurring;
(4) Your name, address, telephone number and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
(6) A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998; see http://www.loc.gov/copyright/ for details. Notices should be sent to Jobonomics, LLC, ADDRESS: __________________________, or EMAIL: _______________________________.
12. General
Entire Agreement. The TOU constitutes the entire agreement between you and Jobonomics and supersedes all prior or contemporaneous understanding, discussions or agreements, written or oral, between you and Jobonomics with respect to the subject matter contained herein.
Waiver and Severability of Terms. The failure of Jobonomics to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and consented to in writing by Jobonomics. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should construe such provision to give effect to the parties' intentions as reflected in the provision and the other provisions of the TOU remain in full force and effect.
International Use. Jobonomics makes no representation that the Site and/or the Services may be lawfully viewed or accessed outside of the United States. If you access the Site or the Services from outside the United States, you do so at your own risk and are entirely responsible for compliance with the applicable laws of your jurisdiction.
Choice of Law and Forum. The TOU and the relationship between you and Jobonomics shall be governed by the laws of the State of California without respect to its conflict of law provisions. Jurisdiction for any claims arising under the TOU or in connection with the Site and/or the Services shall lie exclusively with the courts located within Orange County, California.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site and/or the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the TOU are for convenience only and have no legal or contractual effect.