Jobsbridge - Terms of Use Agreement

TERMS OF USE

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF JOBSBRIDGE.COM (THE "WEBSITE") PROVIDED BY VALLEY PORTALS, INC. ("COMPANY") AND THE EMPLOYMENT SEARCH AND HIRING SERVICES AVAILABLE ON THIS SITE (THE "SERVICES"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE WEBSITE. YOUR USE OF THIS WEBSITE AND/OR THE SERVICES ON THIS WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT COMPANY MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS WEBSITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE WEBSITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.

Eligibility

You must be 18 years of age or older to visit or use this website in any manner. By visiting this website or accepting these Terms of Use, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use this website in a manner consistent with any and all applicable laws and regulations.

Copyright

All website materials, including, without limitation, the Company logo, design, text, graphics, other files, and the selection and arrangement thereof are copyright of the Company. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Company or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this website for personal, noncommercial and informational use only; provided that you may not, without the permission of Company or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.

Trademarks

Company, the Company logo and the products and services described in this website, including without limitation Jobsbridge.com, are either trademarks or registered trademarks of Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. You may not copy or adapt the HTML code that Company creates to generate its pages. It is also protected by the Company’s copyright.

Third Party Content

Third parties may provide certain information and content to the website and/or Company ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement.

If you believe that your copyrighted work has been uploaded, posted or copied to this website and is accessible in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number and, if you have one, your e-mail address;
A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
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 of claims of copyright infringement on this website can be sent in writing to:
Jobsbridge Administrator
ValleyPortals Inc.
3333 Bowers Ave, Ste 130
Santa Clara, CA 95054

Use of Material

The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of Company and protected by U.S. copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

Website Users

The website is intended solely for use by individuals seeking employment and by employers or recruitment professionals seeking candidates to fill job openings. Company reserves the right to prevent, cancel or suspend any individual's, employer’s, recruitment professional’s or others' access to the website. This may be on account of a violation of these Terms and Conditions or for any other reason at Company's sole discretion. Company's right to prevent, cancel or suspend access to the website may be exercised without notice to the individual, employer, recruitment professional, or other so affected.

Individuals seeking employment are permitted to use the website solely for purposes of posting resumes and searching for (and responding to) job postings. Company authorizes you to view and download a single copy of any job posting, resume, or other Material on this website for your personal use only. You must retain all copyright and other proprietary notices contained on such Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose (other than for searching for a job for yourself).

Employers or recruitment professionals are permitted to use it solely for purposes of

posting jobs and
retrieving resumes to fill actual or potential job openings at the employer's business (in the case of employers) or at client's businesses (in the case of recruitment professionals). Company authorizes you to view and download a single copy of any job posting, resume, or other Material on this website for such use. You must retain all copyright and other proprietary notices contained on such material. You may not sell or modify the Material, except that subscribing recruitment professionals may alter the contact information on a resume. You may not reproduce or distribute such material, except that you may forward copies of resumes to necessary persons at the employer's business (in the case of subscribing employers) or at client's businesses (in the case of subscribing recruitment professionals). You may not otherwise reproduce, display, publicly perform, distribute, or otherwise use the Material in any way. The term “Material” has the meaning as given under the heading ‘Website Usage’ below.

User Submissions

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this website you agree not to, do the following things:

post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it,
post material that reveals trade secrets, unless you own them or have the permission of the owner,
post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others,
post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity,
post a sexually-explicit image or statement,
post advertisements or solicitations of business, post chain letters or pyramid schemes,
impersonate another person,
post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Company of any unauthorized use of your registration or password.

Website Usage

This website is the property of Company. By using the website, you agree to abide by the Terms and Conditions herein. Failure to abide by these Terms and Conditions, including the impermissible use of the text, graphics, images, resumes, job postings and other materials (collectively, "Materials") contained on the website, is a violation of your agreement. It may also be a violation of copyright, trademark, or other laws in the United States and foreign countries.

Company expressly prohibits users of this website and all others from reproducing, displaying, distributing or otherwise using any job posting, resume, or other Material downloaded or otherwise obtained from this website on any other website, electronic bulletin board, or other publicly accessible site (regardless of whether access to such site is by registration, subscription, membership or fee) on the Internet or other network. Company likewise expressly prohibits users of this website from reproducing, displaying or distributing to others batches containing fifty (50) or more job postings or resumes downloaded or otherwise obtained from this website.

Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication.

Company has no liability or responsibility to users for performance or nonperformance of such activities. Company reserves the right to expel users and prevent their further access to the website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
Users may not use the website in order to transmit, distribute, store or destroy material

in violation of any applicable law or regulation,
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
that is defamatory, obscene, threatening, abusive or hateful.

The website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Company specifically prohibits any use of the website, and all users agree not to use the website, for any of the following:
posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf)
posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents
posting non-resume information such as opinions or notices, commercial or otherwise
Headhunters, employment placement/outplacement agencies, temporary worker agencies, consultants and other third parties, including any third party charging a fee or restricting complete access to all resume information, are prohibited
responding to any employment opportunity for any reason except to apply for the job
communications soliciting the employer's business by our competitors are prohibited
deleting or revising any material posted by any other person or entity
using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site
taking any action which imposes an unreasonable or disproportionately large load on this website’s infrastructure
if you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose
notwithstanding anything to the contrary contained herein, using or attempting 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 this website other than the search engine and search agents available from Company on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer)
attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.

Website Security Rules

Users are prohibited from violating or attempting to violate the security of the website, including, without limitation,

accessing data not intended for such user or logging into a server or account which user is not authorized to access
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "mailbombing" or "crashing", or
sending unsolicited e-mail, including promotions and/or advertising of products or services, or
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

General Rules

Users may not use the website in order to transmit, distribute, store or destroy material

in violation of any applicable law or regulation,
in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
that is libelous, obscene, threatening, abusive or hateful.

The Company's Liability

The website acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. 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 you come in contact through the website.

The Material may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website 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 the website. Employers are solely responsible for their postings on the website. Company is not to be considered to be an employer with respect to your use of the website and shall not be responsible for any employment decisions, for whatever reason made, made by any entity positing jobs on the website.

COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

You specifically waive the provisions of California Civil Code Section 1542 (and other similar laws), which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE 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 THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

The website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the website.

Limitation of Liability

The aggregate liability for the Company to you for all claims arising from the use or non use of the Materials is limited to $50.

Termination

Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this website and immediate termination of your registration with or ability to access the website and/or any other service provided to you by Company, upon any breach by you of these Terms and Conditions or if Company is unable to verify or authenticate any information you submit to the website registration with or ability to access the website.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

User Information

Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the website, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.

Feedback and Information

Any feedback that you provide at this website, including but not limited to, electronic and written correspondence, shall be deemed to be non-confidential and can be used by Company without limitation.

Internet Downtime

You acknowledge that in any computer system and any network of computer systems there is certain to be “downtime” due to mechanical, telecommunication, software, hardware and third-party vendor failures during which Company will be unable to provide this website to you. Company cannot predict or control when such “downtime” may occur and cannot control the duration of such “downtime.”

Company has authority or control only over the operation of this website. Nevertheless, you understand and agree that the Internet is inherently unreliable and subject to breaches of security. Therefore, Company cannot be responsible for the integrity of any information, file or other posting available on or sent to this website.

Forward- Looking Statements Disclaimer

The Private Securities Litigation Reform Act of 1995 provides a safe harbor for forward-looking statements made by or on behalf of Company. This website may from time to time contain “forward-looking” statements regarding the future financial performance of Company or other future events. These statements are based on certain assumptions and analysis made by Company in light of its experience and its perception of historical trends, current conditions, expected future developments and other factors Company believes are important under the circumstances. Such statements are subject to a number of risks and uncertainties. Among others, factors that could cause actual results to differ materially from the beliefs or expectations of Company are: industry trends and trends in the general economy, competitive factors in the markets in which Company operates, changes in regulatory requirements which are applicable to Company’s business. The Company’s performance may differ materially from any projections contained in this website.

General

Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Santa Clara County, California.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of website. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
You give your permission for your resume to be forwarded to the employer related to the job requirement(s) you submitted your resume for or any other job opening that should require your skills. By submitting your resume, you certify that you are legally authorized to work in the United States of America.