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JobScout Terms of Use

Last Updated June 19, 2012

Welcome to JobScout. Please read these Terms of Use before using or submitting content in any form or medium on JobScout.

By continuing to visit our site, or by submitting content on JobScout, you agree to abide, and that you are bound, by these Terms of Use. We reserve the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms of Use.

Please review JobScout’s Privacy Policy in conjunction with this Terms of Use.

1. DESCRIPTION OF THE SITE.

General Description. The site is a commercial website that presents content and information to the JobScout community.

Ages 13 and Over Only. The site is intended for those ages 13 and over. If you are under 13 years of age, then please do not use the JobScout website as there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

In accordance with federal Children's Online Privacy Protection Act of 1998 (COPPA), JobScout will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy for more information including how to notify us of any concerns in this regard.

Right to Modify Site. JobScout reserves the right to immediately change, suspend, remove or discontinue any part of the site or any content (whether submitted by JobScout or by a member) for any reason, without prior notice or liability.

Changes to these Terms of Use. JobScout reserves the right to modify these Terms of Use at any time, and without prior notice, by posting amended terms to this policy. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 14 days of their posting on the JobScout website.

If we make material changes, we will post them in a link at the bottom of our home page and will indicate the Terms of Use effective date as well as email those users and members who subscribe to our mailing list when this feature is made available. Your continued use of the site indicates your acceptance of the current Terms of Use.

2. USER CONDUCT.

Conditions of Use. As a condition of use, you agree to all of the following:

  • You acknowledge that the site is for personal use only. You agree that you will not use the site for any commercial purposes.

  • You are responsible for all activity that occurs under your name, profiles and other online identities.

  • You are solely responsible for your conduct and any Content (defined below) that you submit, post, and display on the site, or that you allow others to submit, post and/or display on the site under your name, profiles and other online identities.

  • You must not harass, threaten, impersonate or intimidate other JobScout users.

  • You must not upload, post, email, transmit or otherwise make available any 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.

  • You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links" or any other form of solicitation.

  • You must not transmit any worms or viruses or any code of a destructive nature.

  • You must not violate any local laws in your jurisdiction (including, but not limited to, intellectual property laws).

  • You must not use the site for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your jurisdiction regarding online conduct and acceptable content.

  • You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant JobScout all of the license grants granted herein.

  • You agree that you shall be solely responsible for your own content and the consequences of posting it.

  • JobScout reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of JobScout at any time, for any or no reason, without prior notice or warning, and without liability.

3. SUSPENSION OR TERMINATION OF USE.

We May Discontinue or Suspend Our Site or Terminate Your Use. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that JobScout shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that JobScout, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

4. COPYRIGHT POLICY.

We Have All Rights In Our Site and Content. You Grant Us Certain Rights When You Submit Content to Us.

JobScout respects the intellectual property rights of others, and JobScout asks that our website visitors and users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. JobScout also disables and/or terminates the use of those who JobScout believes in good faith are repeatedly infringing copyrighted works.

Understand that the content on JobScout provided by JobScout has been licensed from the appropriate rights holders. Taking or appropriating this content may subject users to legal action by these rights holders.

Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA). By accepting the Terms of Use, you agree to be bound by our Copyright Policy.

(a) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications in the form submitted to store such content, and to distribute such content and use such content for promotional and marketing purposes.

(b) You shall be solely responsible for your own submissions and the consequences of posting them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) post falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. We reserve the right to remove postings without prior notice. You understand that when you submit content in any form to JobScout, we may authorize such content to be distributed or syndicated to or published on other JobScout branded environments.

(c) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use.”

(d) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

(e) DMCA notices and other communications regarding intellectual property violations and questions may be sent to:

JobScout

350 Townsend, Suite 206

San Francisco, CA 94107

5. THIRD PARTY CONTENT.

JobScout does not hold any legal rights of ownership of copied content (if any) posted by third parties.

(a) If any articles, blogs, comments or images appear on JobScout that are in violation of copyright laws, please email JobScout at jobscout@caltrail.com and we will remove the offending information.

(b) We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers, authors) are theirs alone, not opinions of JobScout. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, JobScout is not undertaking any obligation or liability relating to the content. JobScout and its affiliates do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. JobScout and its affiliates and employees assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, JobScout reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

(c) We are Not Responsible for Linked Sites. We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

Please visit these websites for their Terms of Use and Privacy Policies. JobScout is not responsible for providing their current policies or changes thereof.

6. INDEMNIFICATION.

You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms of Use or Any Breach by You of Your Representations and Warranties. You agree to indemnify and hold harmless JobScout and its affiliates and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.

7. DISCLAIMER OF WARRANTY.

Your Use of Our Site is Subject to Certain Disclaimers. OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

8. DISCLAIMER OF CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL JOBSCOUT, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON JOBSCOUT MAY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE JOBSCOUT AND JOBSCOUT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOBSCOUT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. JOBSCOUT LIABILITY FOR USER CONTENT AND INTERACTIONS THROUGHOUT THE WEBSITE.

JobScout may take any action with respect to user content that it deems necessary or appropriate in its sole discretion if it believes that such user content could create liability for JobScout, damage JobScout’s brand or public image or cause JobScout to lose (in whole or in part) the services of its ISPs or other suppliers.

While JobScout reserves the right in its sole discretion to remove user content and other material from JobScout from time to time, JobScout does not assume any obligation to do so and disclaims any liability for failing to take any such action.

JobScout is not involved in the actual communications between JobScout users. As a result, JobScout has no control over the accuracy, reliability, completeness or timeliness of user content submitted on JobScout and makes no representations about any user content on JobScout.

In addition, note that there are risks, including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom users come in contact through JobScout. By its very nature, other people's information may be offensive, harmful or inaccurate, and, in some cases, will be mislabeled or deceptively labeled.

We expect that you will use caution and common sense when using JobScout.

Because user authentication on the Internet is difficult, JobScout cannot and does not confirm that each user is who they claim to be. As third party websites are used in features on this site, refer to the policies to these third party websites referenced in Section 5(c) of this Terms of Use. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on JobScout, in the event that you have a dispute with one or more users, you release JobScout (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

JobScout may contain inaccuracies or typographical errors. JobScout makes no representations about the accuracy, reliability, completeness or timeliness of any JobScout content. The use of all JobScout content is at your own risk. Changes are periodically made to JobScout and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on JobScout.

JobScout cannot guarantee and does not promise any specific results from use of JobScout. No advice or information, whether oral or written, obtained by a user from JobScout shall create any warranty not expressly stated herein.

10. LIMITATION OF LIABILITY.

JOBSCOUT’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH JOBSCOUT OR YOUR USE OF JOBSCOUT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

JobScout and its affiliates and employees are not liable for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms of Use).

11. PRIVACY POLICY.

JobScout takes the privacy of its members very seriously. Our Privacy Policy is available here. By accepting the Terms of Use, you agree to be bound by our Privacy Policy.

12. MISCELLANEOUS.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JobScout without restriction.

Entire Agreement. The Terms of Use, including JobScout’s Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and JobScout and governs your use of the site, superseding any prior agreements between you and JobScout.

Governing Laws. The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Waiver and Severability. The failure of JobScout to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Notices. JobScout may provide you with notices, including, without limitation, those regarding changes to the Terms of Use and other site-related announcements, by postings on the site (for example, by posting to the blog, or on the relevant page(s) of the site affected by such changes).

We May be Legally Compelled to Disclose Certain Information. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, name, IP location or other information in response thereto.

Trademarks. JobScout, the JobScout logo and other JobScout logos and names are the intellectual property of JobScout. You agree not to display or use this intellectual property in any manner without JobScout’s prior, written consent.

Contact Information. Please send any questions or comments, or report any Terms of Use violations, to jobscout@caltrail.com.