TERMS OF SERVICE FOR JOBCOMET.COM
Last updated: April 26, 2016.
BY USING THE ABOVE NAMED WEBSITE (THE “SITE”) YOU AGREE TO THESE TERMS OF SERVICE.
1. Services and Users
1.2 Amendment of Terms. We may amend these Terms in our sole discretion any time by posting an updated version to this web page. Amended Terms become binding on you as of the date posted on the web page. You should visit this web page periodically to review the most current Terms. Your continued use of the Site after the posting of amended Terms constitutes acceptance of such Terms.
1.3 The Services and Users. The Site acts as, among other functions, a venue for job seekers to review and evaluate Postings (defined below), register an Account (defined below) to save and review Postings of interest, create a user profile and upload a resume, receive emails, alerts, or other notices of possible interest, as well as for employers or other agents to post employment offers or opportunities (“Job Posters”). All of these features of the Site, together with other services made available through the Site from time the time, are referred to as the “Services.” You assume all risks associated with interactions, communications, and dealings with other users of the Site and Job Posters with whom you choose to come into contact through the Site and use of the Services.
1.4 Postings. The job listings and other employment opportunities made available on the Site and through the Services (the “Postings”) are provided through third-party websites or companies under separate agreements between the Site and those parties and/or directly by Job Posters. We make no representations about any Postings. We are not responsible for the content of any of the Postings or the conduct of any of the third parties that you may choose to contact as a result of using the Site or Services. We do not screen or review the listing of Postings. We are not involved in, and do not control, the actual transaction between you and other users of the Site, including Job Posters. Therefore, we are not responsible for Postings, the quality, safety, or legality of the employment opportunities or resumes posted, or the truth or accuracy of Postings as representing a true employment opportunity. Although we reserve the right to remove Postings or other User Content (defined below), in our sole discretion, we do not assume any obligation to do so, and disclaim any liability for failing to take any such action.
2. Use of the Site And Services
2.1 Site Function. The Site is intended for individuals seeking employment and for Job Posters seeking candidates for employment. You may only use the Site for lawful purposes within the stated context of the intended use of the Site and Services. The Site hereby grants you a limited, terminable, non-exclusive right to access and use the Site and Services, subject to these Terms, including the prohibited uses in Sections 2.3 and 3.2 (for Job Posters) below.
2.2 User Account. In order to access all the Services made available on the Site, you will be required to register an account (the “Account”) by following the instructions on the Site and providing certain personal information, including but not limited to a valid email address. By creating an Account you represent that all information you provide to us and make visible to other users, including potential employers is accurate and truthful. You acknowledge and agree that you have no ownership rights in your Account or information contained in the Account. JobComet reserves the right to terminate your Account at any time, with or without notice. You are responsible for backing up all User Content (defined below) in your Account, as JobComet will not be liable for any loss or inability to access your User Content after termination of your Account. You are responsible for maintaining the confidentiality of your Account and any applicable passwords. You may not share your password or other Account access information with any other party. You are responsible for all uses of your Site account and Profile, whether or not authorized by you. You agree to immediately notify the Site of any unauthorized use of your Account.
2.3 Prohibited Uses. Through your use of the Site and Services, you agree to not perform acts that would harm the Site or other users, including but not limited to the following:
(a) interfering with or disrupting the use and enjoyment of the Site by other users;
(b) transmitting, posting, or submitting content or information in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information;
(c) interfering with or damaging our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) using any type of automated means to utilize or access the Site;
(e) reverse engineering any portion of the Site or otherwise attempting to discover or re-create any source code;
(f) transmitting, posting, or submitting any content or information that promotes or endorses false or misleading information or illegal activities (including copyright infringement);
(g) using the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
(h) soliciting passwords or personally identifiable information from other users, or otherwise attempting to extract profile information or contact information from profiles, whether to list such information on third-party sites or for any other purpose;
(i) harassing, or inciting or advocating harassment of any group, company, or individual; or
(j) transmitting, posting, or submitting any content or information (including a Posting) that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, or that includes any links to pornographic or sexually explicit material of any kind.
This list is non-exhaustive, and we reserve the right to determine whether a prohibited use of the Site has occurred in our sole discretion.
3. Additional Terms Applicable to Job Posters
3.1 License Granted to Job Posters. JobComet hereby grants you a limited, terminable, non-exclusive right to access and use the Site and Services only for your internal business use of seeking candidates for employment, whether on your behalf or as an agent on behalf of an employer.
3.2 Restrictions on Postings. As a Job Poster, you are solely responsible for your Postings and for ensuring that they comply with all applicable laws and regulations, as well as these Terms. In addition to the prohibited uses in Section 2.3, a Posting may not contain:
(a) employment opportunities that violate any federal, state, or local laws or regulations (Job Posters are responsible for knowing the laws in their jurisdiction);
(b) links to third-party websites, other than those authorized by the Site;
(c) the names, logos, or trademarks of unaffiliated companies other than that of the employer;
(d) the names of colleges, cities, states, towns, or countries that are unrelated to the Posting;
(e) more than one employment opportunity or employment opportunity description, more than one location, or more than one employment opportunity category;
(f) inaccurate, false, or misleading information;
(g) material or links to material that exploits people in a sexual, violent, or other manner, or solicits personal information from anyone under the age of 18;
(h) franchise, pyramid scheme, “club membership,” distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(i) advertisements or employment opportunities for sexual services or of a sexual nature; or
(j) except where allowed by applicable law, employment opportunities which require the applicant to provide information relating to his/her (1) racial or ethnic origin, (2) political beliefs, (3) philosophical or religious beliefs, (4) sexual orientation or gender identity, (5) the commission of criminal offenses or proceedings, or (5) age.
4. User Content and Postings
4.1 Grant of Rights to Use Content. By submitting, posting, or transmitting any material or information on the Site or through Services, including Postings, user profile information or resumes (all such material or information collectively “User Content”), you grant the Site a worldwide, perpetual, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute, exploit in any manner, and publish such User Content through the Site. Upon request through the features made available on the Site, JobComet will remove the Postings submitted by a Job Poster in a timely fashion, but may continue to use such User Content for our internal business purposes.
4.2 Representation of Rights. You represent and warrant that you have the right to grant or that the holder of such right or rights has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the licenses stated above with respect to User Content you submit, post, or transmit on the Site or through the Services.
4.3 Deletion of Content Upon Termination of Account. You understand and acknowledge that if you cancel your Account or your Account is terminated, all of your Account information, including saved resumes or other User Content, will be marked as deleted and may be permanently deleted from the our databases. JobComet has no obligation to back-up or restore any User Content. In no event will JobComet be liable for the deletion, loss, or unauthorized modification of any User Content.
4.4 User Responsibility. User Content is the sole responsibility of the originating User. The Site claims no ownership or control over any User Content. You or a third-party licensor, as appropriate, retain all patent, trademark, and copyright rights to any User Content you submit, post, or display on or through the Site, and you are responsible for protecting these rights.
4.5 Reservation of Rights. The Site reserves the right to review and remove any User Content that, in its sole discretion, violates these Terms, applicable laws or regulations, is abusive, disruptive, offensive, or illegal, or violates the rights of or threatens the safety of Users. The Site reserves the right to terminate Users’ further access to the Site for violating these Terms or applicable laws, rules, or regulations. The Site reserves the right to take any action it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for the Site, damage the Site’s public image, or cause the Site to lose users or (in whole or in part) the services of its ISPs or other suppliers.
4.6 Prohibited User Content. In addition to all other prohibited uses of this Site or the Services, User Content may not contain material that JobComet, in its sole discretion, deems inappropriate or illegal, including material that promotes or endorses either false or misleading information or illegal activities. JobComet may remove any User Content (or portion thereof) in our sole discretion without prior notice.
5. Intellectual Property Rights
All aspects of the Site and Services, including all information, graphics, text, photographs, content, layout, and underlying software, and all associated intellectual property rights are owned by JobComet, or under license to JobComet (including User Content under these Terms). No person is authorized to use, copy, publish, or distribute any portion of the Site or Services without JobComet’s express permission. The trademarks and service marks of any third parties, such as Job Posters, found on the Site are owned by the respective parties and are used under license and/or in accordance with applicable law. You acknowledge that using the Site or Services does not give you ownership of any intellectual property rights in the Site, Services, or any underlying content or information. Except in the context of accessing the Site and using the Services in accordance with these Terms, you may not use content or information from the Site unless you obtain permission from JobComet or the appropriate owner in the case of third-party content or materials.
6. Reporting of Possible Violation of Terms
If you believe that something on the Site violates these Terms, including another user engaging in prohibited uses or an infringement of your intellectual property rights, please contact JobComet. If notified of any content which allegedly does not conform to these Terms, we may in our sole discretion investigate the allegation and determine whether to remove or request the removal of the content. The Site has no liability or responsibility to users for performance or non-performance of such activities.
7. Disclaimer of Warranties
THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JOBCOMET DOES NOT, AND HEREBY EXPRESSLY DISCLAIMS, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE’S CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. JOBCOMET DOES NOT WARRANT THAT IT WILL OPERATE ERROR-FREE OR THAT IT IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, OR THAT ANY EMPLOYER INFORMATION IS ACCURATE OR TRUTHFUL.
8. Limitation of Liability
IN NO EVENT WILL JOBCOMET OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE SITE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
9. Links to Other Websites
The Site contains links to third-party web sites, including those contained in the Postings. These links are provided solely as a convenience to you, and are not an endorsement by us of the contents of such third-party websites. The Site is not responsible for the content of linked third-party websites and does not make any representations regarding the content and accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
You agree to defend, indemnify, and hold harmless JobComet, its affiliates, and our respective officers, directors, employees, and agents, from and against any third-party claims, actions, demands, losses, damages, costs and expenses, including without limitation reasonable legal and accounting fees, arising as a result of or resulting from (a) any Postings or other User Content you submit, post, or transmit to the Site or through the Services, (b) your use of the Site and Services, or (c) your breach of these Terms.
11. General Terms
11.1 Governing Law and Forum. The laws of the State of Washington, excluding its conflicts of law rules, govern this Agreement and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws. Exclusive jurisdiction for any claims arising under these Terms, or related or arising from your use of the Site or Services, will be solely in the State or federal courts located within Seattle, Washington. You expressly agree to waive any right to a trial by jury.
11.2 Required Age. If you are under the age of majority, as defined in your jurisdiction, you may not use the Site without the supervision of a parent or legal guardian.
11.3. Consent to Electronic Communication. The communications between you and JobComet use electronic means, whether you send us emails or whether JobComet communicates with you via email. For contractual purposes, you (a) consent to receive communications from JobComet in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that JobComet provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.4 Entire Agreement. These Terms constitute the entire agreement between you and JobComet with respect to your use of the Site and Services. If any of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision or otherwise affect the Site’s ability to enforce such provision at any point in the future.