JOBSCORE END USER AGREEMENT
This JobScore End User Agreement ("Agreement") is by and between JobScore, Inc., a Delaware corporation, and an individual user ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of JobScore's services that You enrolled for ("Services") and explains JobScore's obligations to You and Your obligations to JobScore in relation to the Services.
This Agreement as well as any additional JobScore policies referenced herein, together with all modifications thereto, constitute the complete and exclusive agreement between You and JobScore concerning Your use of JobScore's Services, and supersede and govern all prior proposals, agreements, or other communications. By accepting this Agreement, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement.
1. TERM OF AGREEMENT; MODIFICATIONS. The term of this Agreement shall continue in full force and effect unless JobScore terminates this Agreement by providing notice to You at the e-mail address You provided, at any time. Upon termination of this Agreement, any information provided by You to JobScore shall be no longer be available for sale by JobScore to employers and other users of JobScore's services. For the purposes of clarity, Your information may be retained by JobScore for 1) JobScore's internal and 2) statistical and summary use; and any user of the Service that had a copy of any of Your information prior to termination may retain it. You agree that JobScore may modify this Agreement and the Services from time-to-time. You agree to be bound by any changes JobScore may reasonably make to this Agreement when such changes are made. If You do not agree to any such changes, You may terminate this Agreement by indicating that You do not want to be contacted in Your account settings.
2. ACCURATE INFORMATION; USE; AND RESTRICTIONS. You agree that You are at least eighteen (18) years of age and You shall provide true, accurate, current, and complete information about yourself to JobScore. You are not permitted to use the Services on behalf of any third-party. You agree that JobScore may use and rely on any information provided by You to provide You other job opportunities, to present Your profile to third parties that are using JobScore's Services, including use by employers, and any other purposes related to JobScore's provision of the Services or future versions of the Services, unless You change Your account settings and opt-out of receiving the foregoing. You agree that by submitting any information to the Services, You are granting to JobScore a royalty-free, perpetual, and irrevocable license to use this information in the course of JobScore offering its services. You agree that JobScore may reformat, excerpt, and otherwise interpret any materials submitted by You.
Without limiting the generality of the foregoing, You agree not to provide any information that is: 1) subject to any confidentiality, non-compete, or trade secret limitations or restrictions; infringes the intellectual property rights of any third party; 2) immoral, obscene, vulgar, offensive, violent, threatening, abusive, harassing, discriminatory or racially, ethnically or otherwise objectionable; 3) libelous or defamatory, or invades the privacy or publicity rights of others; 4) violates any applicable local, state, national or international law, rule, or regulation; 5) may constitute advertising, promotional material, "spam," or any other form of solicitation; 6) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or impair the functionality of any computer software or hardware or telecommunications equipment. In addition, You may not mine, harvest, or otherwise use any information provided as part of the Services for any use, except Your personal and non-commercial use.
If JobScore has reasonable grounds to suspect You have performed any unpermitted actions under this Agreement, JobScore has the absolute right, in its sole discretion, to terminate Your use of the Services, close Your account, and delete any information submitted by You.
4. ACCOUNT SECURITY. You agree You are entirely responsible for maintaining the confidentiality of any password and account information that You may create now, or in the future. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify JobScore immediately of any unauthorized use of Your account or any other breach of security. You agree JobScore will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge.
5. FEES. Your use of the Services that You originally enrolled for is free. In the event JobScore offers additional services that it charges a fee for ("Additional Services"), You will be notified and You will have the opportunity to choose whether You would like to purchase the Additional Services.
6. INTELLECTUAL PROPERTY. You agree that JobScore or its licensors holds all rights, title and interest in the Services and all intellectual property, including other rights related to intangible property, including but not limited to copyrights, patents, Trademarks, and trade secrets ("Intellectual Property"). You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials provided under the Services, without the express written permission of JobScore.
7. REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant that You (and they, where applicable) have the right, power, legal capacity and appropriate authority to enter into this Agreement and that any and all representations and commitments made by You under this Agreement are true.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL JOBSCORE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SERVICES, LOSS OF ANY EMPLOYMENT OPPORTUNITY AND/OR EMPLOYMENT POSITION, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF JOBSCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS ON LIABILITY FOR DAMAGES AS CONTAINED HEREIN. IN SUCH STATES, JOBSCORE'S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. YOU AGREE THAT IN NO EVENT SHALL JOBSCORE'S MAXIMUM AGGREGATE LIABILITY EXCEED FIFTY US DOLLARS ($50 US).
9. DISCLAIMER OF WARRANTIES. JOBSCORE EXPRESSLY DISCLAIMS 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. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. JOBSCORE MAKES NO WARRANTY AND DISCLAIMS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; YOU WILL BE MATCHED WITH POTENTIAL JOBS OR EMPLOYERS THAT YOU WILL LIKE OR MEET YOUR EXPECTATIONS; THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; OR THAT DEFECTS WILL BE CORRECTED. JOBSCORE DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THAT FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
10. INDEMNIFICATION. You agree to defend, indemnify and hold harmless JobScore and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, Services with JobScore whether or not on Your behalf, and whether or not with Your permission) use of the Services or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold JobScore harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein or any negligence or willful misrepresentation or misconduct by You. You agree that JobScore shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify JobScore of any such claim promptly in writing and to allow JobScore to control the proceedings. You agree to cooperate fully with JobScore during such proceedings.
11.1 GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY. This Agreement shall be deemed to be entered into in and governed by the laws of the State of California. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of San Francisco County, California. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
11.2 NOTICES. You agree that all notices will be sent either to the email or postal address You have on file with JobScore. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to JobScore shall be made either by email, sent to email@example.com, or first class mail to JobScore's address at: One Front Street, Suite 910, San Francisco, CA 94103.
11.3 HEADINGS. The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
11.4 ASSIGNMENT. You may not assign this Agreement for any reason. Any such attempted assignment shall be null and void and a breach of this Agreement.
11.5 INDEPENDENT PARTIES. The parties hereto are and shall remain independent contractors. Nothing herein shall be deemed to establish a partnership, joint venture, or agency relationship between the parties. Neither party shall have the right to obligate or bind the other party in any manner to any third party.
11.6 ENTIRE AGREEMENT. You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and JobScore regarding the Services contemplated herein.
11.7 SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
11.8 WAIVER. The failure of JobScore to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of JobScore thereafter to enforce such provisions.
11.9 FORCE MAJEURE. JobScore will make reasonable efforts to keep its Website and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold JobScore liable for any of the consequences of such interruptions.
11.10 SURVIVAL. Sections 2 and 6-11 shall survive any termination or cancellation of this Agreement.