Last Updated: Feb 07, 2011
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by Jobspeaker Software, Inc., a Delaware corporation ("Jobspeaker"), and located at www.jobspeaker.com ("jobspeaker.com"). By using jobspeaker.com you agree to be bound by the terms and conditions of this Agreement and Jobspeakerâ€™s Privacy and Security Policy [link], as they may be amended from time to time in the future (see "Modifications" below).
Accepting the Terms
By using the information, tools, features and functionality located on jobspeaker.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the jobspeaker.com website) or you are a "Member" (which means that you have registered with Jobspeaker). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Jobspeaker.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
For information about Jobspeaker's data protection practices, please read Jobspeaker's Privacy and Security Policy [link], which is hereby incorporated into this Agreement. This policy explains how Jobspeaker treats your personal information when you access jobspeaker.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service is a job search management service that allows Members to find, research and access the people, companies and jobs that interest them on jobspeaker.com. Based on such information, the Service may also present information relating to third party products or services ("Jobspeaker Offers").
The Basic Service is provided to you by Jobspeaker without charge (it is free) and is meant to assist you in organizing and managing your job search. It is not intended to provide job transition, job search or career advice.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Jobspeaker immediately at the email address - firstname.lastname@example.org.
Your Use of the Service
Your right to access and use jobspeaker.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use jobspeaker.com for lawful purposes.
Accurate records enable Jobspeaker to provide the Service to you. You must provide true, accurate, current and complete information, including, but not limited to, your Registration Information, ratings, comments, and other information that pertains to your job search and your job search process. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of jobspeaker.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of jobspeaker.com or other actions that Jobspeaker, in its sole discretion, may elect to take.
Online and Mobile Alerts
Jobspeaker may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your Jobspeaker account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Jobspeaker may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for jobspeaker.com. If your email address or your mobile deviceâ€™s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your jobspeaker.com Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials, ratings, comments and other content ("Your Content") to Jobspeaker through the Service, you grant Jobspeaker the right to use Your Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms ("Other Media"). You grant the Site's users and the users of any Other Media the irrevocable right to access Your Content in connection with their use of the Site and any Other Media. By submitting Your Content to Jobspeaker, you represent that you are entitled to submit it to Jobspeaker for use for this purpose, without any obligation by Jobspeaker to pay any fees or other limitations. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
Jobspeakerâ€™s Intellectual Property Rights
The contents of jobspeaker.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of jobspeaker.com belong or are licensed to Jobspeaker or its software or content suppliers. Jobspeaker grants you the right to view and use jobspeaker.com subject to these terms. You may download or print a copy of information provided on jobspeaker.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from jobspeaker.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor jobspeaker.com or any portion of jobspeaker.com, without Jobspeaker's express written consent, which may be withheld in Jobspeaker's sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search jobspeaker.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of jobspeaker.com or the Service; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of jobspeaker.com or the Service.
Rules for Posting
As part of the Service, Jobspeaker allows Members to post content on bulletin boards, blogs and at various other publicly available locations on jobspeaker.com. We maintain a helpful FAQ [link] at http://forums.jobspeaker.com/faq.php?faq=vb3_board_faq that helps to explain how to use and to navigate our forum boards. In addition, you agree in posting content to follow certain rules.
You are responsible for all content you submit to jobspeaker.com.
By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with jobspeaker.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through jobspeaker.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of jobspeaker.com and under this Agreement.
You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Usersâ€™ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of jobspeaker.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of jobspeaker.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH jobspeaker.com OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. Jobspeaker MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF jobspeaker.com OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
Jobspeaker MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON jobspeaker.com OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Jobspeaker MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Not a Mentor, Recruiter, Coach or Career Advisor
NEITHER Jobspeaker NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, CAREER OR JOB ADVICE. Jobspeaker IS NOT A MENTOR, RECRUITER, COACH, OR CAREER ADVISOR. The Service is intended only to assist you in your job search and decision-making and is broad in scope. Your personal career situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any career strategy, you should consider obtaining additional information and advice from your coach, mentor or other career advisers who are fully aware of your individual circumstances.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Jobspeaker does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Jobspeaker shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Limitations on Jobspeakerâ€™s Liability
Jobspeaker SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO jobspeaker.com, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Jobspeaker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Jobspeakerâ€™S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of Jobspeaker
You shall defend, indemnify and hold harmless Jobspeaker and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Jobspeaker may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the jobspeaker.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Jobspeaker under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Jobspeaker, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Jobspeaker may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Jobspeaker is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Jobspeaker, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Jobspeaker does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Jobspeaker has the benefit of under any applicable law), this will not be taken to be a formal waiver of Jobspeakerâ€™s rights and that those rights or remedies will still be available to Jobspeaker.
This Agreement represents the entire understanding and agreement between you and Jobspeaker regarding the subject matter of the same, and supersedes all other previous agreements.