The Job Site Board
Job Opportunities - Post Ad
Terms of Use
Terms of Use
1. Acceptance of Terms
jobsiteboard provides a collection of online resources, including classified ads, forums, and
various email services, (referred to hereafter as "the Service") subject to the following Terms of
Use ("Terms"), which may be updated by jobsiteboard from time to time. jobsiteboard will
provide notice of materially significant changes to the Terms by posting notice on the
jobsiteboard site. You can review the most current version of the Terms at: http://www.
jobsiteboard.com/ termsofuse.html. By using the Service in any way, you are agreeing to
comply with these Terms. In addition, when using particular jobsiteboard services, you agree
to abide by any applicable posted guidelines for all jobsiteboard services, which may change
from time to time. Should you object to any term or condition of these Terms, any guidelines, or
any subsequent modifications thereto or become dissatisfied with jobsiteboard in any way,
your only recourse is to immediately discontinue use of jobsiteboard.
2. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or
other materials ("Content") posted on, transmitted through, or linked from the Service, are the
sole responsibility of the person from whom such Content originated. More specifically, you
are entirely responsible for all Content that you post, email or otherwise make available via the
Service. You understand that jobsiteboard does not control, and is not responsible for Content
made available through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the jobsiteboard site and Content available through the Service may contain links
to other websites, which are completely independent of jobsiteboard. jobsiteboard makes no
representation or warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other webites is at your own risk. You agree that
you must evaluate, and bear all risks associated with, the use of any Content, that you may not
rely on said Content, and that under no circumstances will jobsiteboard be liable in any way for
any Content or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Service. You acknowledge that
jobsiteboard does not pre-screen or approve Content, but that jobsiteboard shall have the right
(but not the obligation) in its sole discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please notify jobsiteboard's
agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:
abuuse@jobsiteboard.com or:
Copyright Agent
jobsiteboard
18 Hillcrest Rd.
Belvedere-Tiburon, CA 94920
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been
infringed;
2. Identify the material on the jobsiteboard site that you claim is infringing, with enough
detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in
your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that
you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
jobsiteboard will remove the infringing posting(s), subject to the procedures outlined in the
Digital Millenium Copyright Act (DMCA).
4. Conduct
You agree not to post, email, or otherwise make available Content:
• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive
of another's privacy, or is harmful to minors in any way;
• that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-
genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or
(iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the
genitals or pubic area of any person;
• that harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that impersonates any person or entity, including, but not limited to, a jobsiteboard
employee, or falsely states or otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to messages that are lawful non-deceptive parodies of public
figures.);
• that includes personal or identifying information about another person without that
person's explicit consent;
• that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and
switch";
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of
any party, or Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships;
• that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited commercial advertisement;
• that constitutes or contains any form of advertising or solicitation if (1) posted in areas of
the jobsiteboard sites which are not designated for such purposes; or (2) emailed to
jobsiteboard users who have requested not to be contacted about other services, products or
commercial interests.
• that includes links to commercial services or web sites, except as allowed in "services";
• that advertises any illegal services or the sale of any items the sale of which is prohibited
or restricted by applicable law, including without limitation items the sale of which is prohibited
or regulated by California law - a partial list of items that may be prohibited or restricted in the
state of California is provided for your convenience;
• that contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive number of messages
(flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the
Service; or
• that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
• contact anyone who has asked not to be contacted;
• "stalk" or otherwise harrass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like
to download data from the Service - unless expressly permitted by jobsiteboard;
• post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on our
infrastructure;
• post the same item or service in more than one classified category or forum, or in more
than one metropolitan area; or
• attempt to gain unauthorized access to jobsiteboard's computer systems or engage in
any activity that disrupts, diminishes the quality of, interferes with the performance of, or
impairs the functionality of, the Service or the jobsiteboard website.
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to jobsiteboard
email addresses or through jobsiteboard computer systems, which is expressly prohibited by
these Terms, will use or cause to be used servers located in California. Any unauthorized use
of jobsiteboard computer systems is a violation of these Terms and certain federal and state
laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the California
Business and Professions Code. Such violations may subject the sender and his or her
agents to civil and criminal penalties.
6. Limitations on service
You acknowledge that jobsiteboard may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the Service, the
maximum number and size of postings, email messages, or other Content that may be
transmitted or stored by the Service, and the frequency with which you may access the Service.
You agree that jobsiteboard has no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted by the Service. You acknowledge that jobsiteboard
reserves the right at any time to modify or discontinue the Service (or any part thereof) with or
without notice, and that jobsiteboard shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
7. Access to the Service
jobsiteboard grants you a limited, revocable, nonexclusive license to access the Service for
your own personal use of the Service, and not to download (other than page caching) or modify
it, or any portion of it, or any Content made available via the Service (except for your own
Content), without the express written consent of jobsiteboard. This license does not include
any collection, aggregation, copying, duplication, display or derivative use of the Service nor
any use of data mining, robots, spiders, or similar data gathering and extraction tools for any
purpose unless expressly permitted by jobsiteboard. A limited exception is provided to general
purpose internet search engines and non-commercial public archives that use such tools to
gather information for the sole purpose of displaying hyperlinks to the Service, provided they
each do so from a stable IP address or range of IP addresses using an easily identifiable
agent and comply with our robots.txt file. "General purpose internet search engine" does not
include a website or search engine or other service that specializes in classified listings or in
any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or
which is in the business of providing classified ad listing services.
jobsiteboard permits you to display on your website, or create a hyperlink on your website to,
individual postings on the Service so long as such use is for noncommercial and/or news
reporting purposes only (e.g., for use in personal web blogs or personal online media). If the
total number of such postings displayed or linked to on your website exceeds one hundred
(100) postings, your use will be presumed to be in violation of these Terms, absent express
permission granted by jobsiteboard to do so. You may also create a hyperlink to the home
page of jobsiteboard sites so long as the link does not portray jobsiteboard, its employees, or
its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
jobsiteboard offers various parts of the Service in RSS format so that users can embed
individual feeds into a personal website or blog, or view postings through third party software
news aggregators. jobsiteboard permits you to display, excerpt from, and link to the RSS feeds
on your personal website or personal web blog, provided that (a) your use of the RSS feed is
for personal, non-commercial purposes only, (b) each title is correctly linked back to the
original post on the Service and redirects the user to the post when the user clicks on it, (c) you
provide, adjacent to the RSS feed, proper attribution to 'jobsiteboard' as the source, (d) your
use or display does not suggest that jobsiteboard promotes or endorses any third party
causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f)
your use does not overburden jobsiteboard's systems. jobsiteboard reserves all rights in the
content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by jobsiteboard
immediately terminates said permission or license. In order to collect, aggregate, copy,
duplicate, display or make derivative use of the the Service or any Content made available via
the Service for other purposes (including commercial purposes) not stated herein, you must
first obtain a license from jobsiteboard.
8. Termination of service
You agree that jobsiteboard, in its sole discretion, has the right (but not the obligation) to
delete or deactivate your account, block your email or IP address, or otherwise terminate your
access to or use of the Service (or any part thereof), immediately and without notice, and
remove and discard any Content within the Service, for any reason, including, without
limitation, if jobsiteboard believes that you have acted inconsistently with the letter or spirit of
the Terms. Further, you agree that jobsiteboard shall not be liable to you or any third-party for
any termination of your access to the Service. Further, you agree not to attempt to use the
Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these
Terms.
9. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service,
including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and
such organizations and/or individuals. You agree that jobsiteboard shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third party, you
understand and agree that jobsiteboard is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby release jobsiteboard, its
officers, employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes
and / or our service. 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 favor at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor."
10. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international
treaties. Content displayed on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works from or redistribution of the site or the
collective work, and/or copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is prohibited without the express
written consent of jobsiteboard. You further agree not to reproduce, duplicate or copy Content
from the Service without the express written consent of jobsiteboard, and agree to abide by any
and all copyright notices displayed on the Service. You may not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Service. JOBSITEBOARD is a registered mark
in the U.S. Patent and Trademark Office.
Although jobsiteboard does not claim ownership of content that its users post, by posting
Content to any public area of the Service, you automatically grant, and you represent and
warrant that you have the right to grant, to jobsiteboard an irrevocable, perpetual, non-
exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or incorporate into other works, said Content, and
to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by
posting Content to any public area of the Service, you automatically grant jobsiteboard all rights
necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction,
or exploitation of the Content on the Service by any party for any purpose.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE JOBSITEBOARD SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE JOBSITEBOARD SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, JOBSITEBOARD
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE JOBSITEBOARD SITE AND THE SERVICE. TO THE FULLEST
EXTENT PERMITTED BY LAW, JOBSITEBOARD DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOBSITEBOARD
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
JOBSITEBOARD SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, JOBSITEBOARD
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE JOBSITEBOARD SITE OR THE SERVICE. Some jurisdictions do not
allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL JOBSITEBOARD BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
JOBSITEBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF THE JOBSITEBOARD SITE OR THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
JOBSITEBOARD SITE OR THE SERVICE, FROM INABILITY TO USE THE JOBSITEBOARD
SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE JOBSITEBOARD SITE OR THE SERVICE. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE JOBSITEBOARD SITE OR THE SERVICE OR ANY LINKS ON THE
JOBSITEBOARD SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE JOBSITEBOARD SITE
OR THE SERVICE OR ANY LINKS ON THE JOBSITEBOARD SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction,
limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation
may not apply to you.
13. Indemnity
You agree to indemnify and hold jobsiteboard, its officers, subsidiaries, affiliates, successors,
assigns, directors, officers, agents, service providers, suppliers and employees, harmless
from any claim or demand, including reasonable attorney fees and court costs, made by any
third party due to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your breach of any of the
representations and warranties herein, or your violation of any rights of another.
14. General information
The Terms constitute the entire agreement between you and jobsiteboard and govern your use
of the Service, superceding any prior agreements between you and jobsiteboard. The Terms
and the relationship between you and jobsiteboard shall be governed by the laws of the State
of California without regard to its conflict of law provisions. You and jobsiteboard agree to
submit to the personal and exclusive jurisdiction of the courts located within the county of San
Francisco, California. The failure of jobsiteboard to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms
is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out of or related to use
of the Service or the Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
15. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing
to: abuuse@jobsiteboard.com. Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes
necessary for jobsiteboard to pursue legal action to enforce these Terms, you will be liable to
pay jobsiteboard the following amounts as liquidated damages, which you accept as
reasonable estimates of jobsiteboards' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or
otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or
identifying information about another person without that person's explicit consent, you agree
to pay jobsiteboard one thousand dollars ($1,000) for each such message. This provision
does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If jobsiteboard establishes limits on the frequency with which you may access the Service,
or terminates your access to or use of the Service, you agree to pay jobsiteboard one hundred
dollars ($100) for each message posted in excess of such limits or for each day on which you
access jobsiteboard in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to jobsiteboard email addresses or through
jobsiteboard computer systems, you agree to pay jobsiteboard twenty five dollars ($25) for
each such email.
d. If you post messages in violation of these Terms of Use, other than as described above, you
agree to pay jobsiteboard one hundred dollars ($100) for each such message. In its sole
discretion, jobsiteboard may elect to issue a warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose
any Content (except for your own Content) in violation of these Terms without jobsiteboard's
express written permission, you agree to pay jobsiteboard three thousand dollars ($3,000) for
each day on which you engage in such conduct.
Otherwise, you agree to pay jobsiteboard's actual damages, to the extent such actual
damages can be reasonably calculated. Notwithstanding any other provision of these Terms,
jobsiteboard retains the right to seek the remedy of specific performance of any term contained
in these Terms, or a preliminary or permanent injunction against the breach of any such term
or in aid of the exercise of any power granted in these Terms, or any combination thereof.
16. Feedback
We welcome your feedback on this document. Send all feedback to: contactus@jobsiteboard.
com
jobsiteboard provides a collection of online resources, including classified ads, forums, and
various email services, (referred to hereafter as "the Service") subject to the following Terms of
Use ("Terms"), which may be updated by jobsiteboard from time to time. jobsiteboard will
provide notice of materially significant changes to the Terms by posting notice on the
jobsiteboard site. You can review the most current version of the Terms at: http://www.
jobsiteboard.com/ termsofuse.html. By using the Service in any way, you are agreeing to
comply with these Terms. In addition, when using particular jobsiteboard services, you agree
to abide by any applicable posted guidelines for all jobsiteboard services, which may change
from time to time. Should you object to any term or condition of these Terms, any guidelines, or
any subsequent modifications thereto or become dissatisfied with jobsiteboard in any way,
your only recourse is to immediately discontinue use of jobsiteboard.
2. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or
other materials ("Content") posted on, transmitted through, or linked from the Service, are the
sole responsibility of the person from whom such Content originated. More specifically, you
are entirely responsible for all Content that you post, email or otherwise make available via the
Service. You understand that jobsiteboard does not control, and is not responsible for Content
made available through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the jobsiteboard site and Content available through the Service may contain links
to other websites, which are completely independent of jobsiteboard. jobsiteboard makes no
representation or warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other webites is at your own risk. You agree that
you must evaluate, and bear all risks associated with, the use of any Content, that you may not
rely on said Content, and that under no circumstances will jobsiteboard be liable in any way for
any Content or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Service. You acknowledge that
jobsiteboard does not pre-screen or approve Content, but that jobsiteboard shall have the right
(but not the obligation) in its sole discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please notify jobsiteboard's
agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at:
abuuse@jobsiteboard.com or:
Copyright Agent
jobsiteboard
18 Hillcrest Rd.
Belvedere-Tiburon, CA 94920
Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been
infringed;
2. Identify the material on the jobsiteboard site that you claim is infringing, with enough
detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in
your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that
you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
jobsiteboard will remove the infringing posting(s), subject to the procedures outlined in the
Digital Millenium Copyright Act (DMCA).
4. Conduct
You agree not to post, email, or otherwise make available Content:
• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive
of another's privacy, or is harmful to minors in any way;
• that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-
genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or
(iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the
genitals or pubic area of any person;
• that harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that impersonates any person or entity, including, but not limited to, a jobsiteboard
employee, or falsely states or otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to messages that are lawful non-deceptive parodies of public
figures.);
• that includes personal or identifying information about another person without that
person's explicit consent;
• that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and
switch";
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of
any party, or Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships;
• that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam,"
"chain letters," "pyramid schemes," or unsolicited commercial advertisement;
• that constitutes or contains any form of advertising or solicitation if (1) posted in areas of
the jobsiteboard sites which are not designated for such purposes; or (2) emailed to
jobsiteboard users who have requested not to be contacted about other services, products or
commercial interests.
• that includes links to commercial services or web sites, except as allowed in "services";
• that advertises any illegal services or the sale of any items the sale of which is prohibited
or restricted by applicable law, including without limitation items the sale of which is prohibited
or regulated by California law - a partial list of items that may be prohibited or restricted in the
state of California is provided for your convenience;
• that contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive number of messages
(flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the
Service; or
• that employs misleading email addresses, or forged headers or otherwise manipulated
identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
• contact anyone who has asked not to be contacted;
• "stalk" or otherwise harrass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like
to download data from the Service - unless expressly permitted by jobsiteboard;
• post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on our
infrastructure;
• post the same item or service in more than one classified category or forum, or in more
than one metropolitan area; or
• attempt to gain unauthorized access to jobsiteboard's computer systems or engage in
any activity that disrupts, diminishes the quality of, interferes with the performance of, or
impairs the functionality of, the Service or the jobsiteboard website.
5. No Spam Policy
You understand and agree that sending unsolicited email advertisements to jobsiteboard
email addresses or through jobsiteboard computer systems, which is expressly prohibited by
these Terms, will use or cause to be used servers located in California. Any unauthorized use
of jobsiteboard computer systems is a violation of these Terms and certain federal and state
laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the California
Business and Professions Code. Such violations may subject the sender and his or her
agents to civil and criminal penalties.
6. Limitations on service
You acknowledge that jobsiteboard may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the Service, the
maximum number and size of postings, email messages, or other Content that may be
transmitted or stored by the Service, and the frequency with which you may access the Service.
You agree that jobsiteboard has no responsibility or liability for the deletion or failure to store
any Content maintained or transmitted by the Service. You acknowledge that jobsiteboard
reserves the right at any time to modify or discontinue the Service (or any part thereof) with or
without notice, and that jobsiteboard shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
7. Access to the Service
jobsiteboard grants you a limited, revocable, nonexclusive license to access the Service for
your own personal use of the Service, and not to download (other than page caching) or modify
it, or any portion of it, or any Content made available via the Service (except for your own
Content), without the express written consent of jobsiteboard. This license does not include
any collection, aggregation, copying, duplication, display or derivative use of the Service nor
any use of data mining, robots, spiders, or similar data gathering and extraction tools for any
purpose unless expressly permitted by jobsiteboard. A limited exception is provided to general
purpose internet search engines and non-commercial public archives that use such tools to
gather information for the sole purpose of displaying hyperlinks to the Service, provided they
each do so from a stable IP address or range of IP addresses using an easily identifiable
agent and comply with our robots.txt file. "General purpose internet search engine" does not
include a website or search engine or other service that specializes in classified listings or in
any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or
which is in the business of providing classified ad listing services.
jobsiteboard permits you to display on your website, or create a hyperlink on your website to,
individual postings on the Service so long as such use is for noncommercial and/or news
reporting purposes only (e.g., for use in personal web blogs or personal online media). If the
total number of such postings displayed or linked to on your website exceeds one hundred
(100) postings, your use will be presumed to be in violation of these Terms, absent express
permission granted by jobsiteboard to do so. You may also create a hyperlink to the home
page of jobsiteboard sites so long as the link does not portray jobsiteboard, its employees, or
its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
jobsiteboard offers various parts of the Service in RSS format so that users can embed
individual feeds into a personal website or blog, or view postings through third party software
news aggregators. jobsiteboard permits you to display, excerpt from, and link to the RSS feeds
on your personal website or personal web blog, provided that (a) your use of the RSS feed is
for personal, non-commercial purposes only, (b) each title is correctly linked back to the
original post on the Service and redirects the user to the post when the user clicks on it, (c) you
provide, adjacent to the RSS feed, proper attribution to 'jobsiteboard' as the source, (d) your
use or display does not suggest that jobsiteboard promotes or endorses any third party
causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f)
your use does not overburden jobsiteboard's systems. jobsiteboard reserves all rights in the
content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by jobsiteboard
immediately terminates said permission or license. In order to collect, aggregate, copy,
duplicate, display or make derivative use of the the Service or any Content made available via
the Service for other purposes (including commercial purposes) not stated herein, you must
first obtain a license from jobsiteboard.
8. Termination of service
You agree that jobsiteboard, in its sole discretion, has the right (but not the obligation) to
delete or deactivate your account, block your email or IP address, or otherwise terminate your
access to or use of the Service (or any part thereof), immediately and without notice, and
remove and discard any Content within the Service, for any reason, including, without
limitation, if jobsiteboard believes that you have acted inconsistently with the letter or spirit of
the Terms. Further, you agree that jobsiteboard shall not be liable to you or any third-party for
any termination of your access to the Service. Further, you agree not to attempt to use the
Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these
Terms.
9. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the Service,
including payment and delivery of goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and
such organizations and/or individuals. You agree that jobsiteboard shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third party, you
understand and agree that jobsiteboard is under no obligation to become involved. In the event
that you have a dispute with one or more other users, you hereby release jobsiteboard, its
officers, employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes
and / or our service. 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 favor at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor."
10. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and international
treaties. Content displayed on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works from or redistribution of the site or the
collective work, and/or copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is prohibited without the express
written consent of jobsiteboard. You further agree not to reproduce, duplicate or copy Content
from the Service without the express written consent of jobsiteboard, and agree to abide by any
and all copyright notices displayed on the Service. You may not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source code contained in the Service.
Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Service. JOBSITEBOARD is a registered mark
in the U.S. Patent and Trademark Office.
Although jobsiteboard does not claim ownership of content that its users post, by posting
Content to any public area of the Service, you automatically grant, and you represent and
warrant that you have the right to grant, to jobsiteboard an irrevocable, perpetual, non-
exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or incorporate into other works, said Content, and
to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by
posting Content to any public area of the Service, you automatically grant jobsiteboard all rights
necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction,
or exploitation of the Content on the Service by any party for any purpose.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE JOBSITEBOARD SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE JOBSITEBOARD SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, JOBSITEBOARD
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY,
AND PERFORMANCE OF THE JOBSITEBOARD SITE AND THE SERVICE. TO THE FULLEST
EXTENT PERMITTED BY LAW, JOBSITEBOARD DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOBSITEBOARD
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
JOBSITEBOARD SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, JOBSITEBOARD
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE JOBSITEBOARD SITE OR THE SERVICE. Some jurisdictions do not
allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL JOBSITEBOARD BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
JOBSITEBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF THE JOBSITEBOARD SITE OR THE
SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
JOBSITEBOARD SITE OR THE SERVICE, FROM INABILITY TO USE THE JOBSITEBOARD
SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE JOBSITEBOARD SITE OR THE SERVICE. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE JOBSITEBOARD SITE OR THE SERVICE OR ANY LINKS ON THE
JOBSITEBOARD SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE JOBSITEBOARD SITE
OR THE SERVICE OR ANY LINKS ON THE JOBSITEBOARD SITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction,
limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation
may not apply to you.
13. Indemnity
You agree to indemnify and hold jobsiteboard, its officers, subsidiaries, affiliates, successors,
assigns, directors, officers, agents, service providers, suppliers and employees, harmless
from any claim or demand, including reasonable attorney fees and court costs, made by any
third party due to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your breach of any of the
representations and warranties herein, or your violation of any rights of another.
14. General information
The Terms constitute the entire agreement between you and jobsiteboard and govern your use
of the Service, superceding any prior agreements between you and jobsiteboard. The Terms
and the relationship between you and jobsiteboard shall be governed by the laws of the State
of California without regard to its conflict of law provisions. You and jobsiteboard agree to
submit to the personal and exclusive jurisdiction of the courts located within the county of San
Francisco, California. The failure of jobsiteboard to exercise or enforce any right or provision of
the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms
is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out of or related to use
of the Service or the Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
15. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing
to: abuuse@jobsiteboard.com. Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes
necessary for jobsiteboard to pursue legal action to enforce these Terms, you will be liable to
pay jobsiteboard the following amounts as liquidated damages, which you accept as
reasonable estimates of jobsiteboards' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or
otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or
identifying information about another person without that person's explicit consent, you agree
to pay jobsiteboard one thousand dollars ($1,000) for each such message. This provision
does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If jobsiteboard establishes limits on the frequency with which you may access the Service,
or terminates your access to or use of the Service, you agree to pay jobsiteboard one hundred
dollars ($100) for each message posted in excess of such limits or for each day on which you
access jobsiteboard in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to jobsiteboard email addresses or through
jobsiteboard computer systems, you agree to pay jobsiteboard twenty five dollars ($25) for
each such email.
d. If you post messages in violation of these Terms of Use, other than as described above, you
agree to pay jobsiteboard one hundred dollars ($100) for each such message. In its sole
discretion, jobsiteboard may elect to issue a warning before assessing damages.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose
any Content (except for your own Content) in violation of these Terms without jobsiteboard's
express written permission, you agree to pay jobsiteboard three thousand dollars ($3,000) for
each day on which you engage in such conduct.
Otherwise, you agree to pay jobsiteboard's actual damages, to the extent such actual
damages can be reasonably calculated. Notwithstanding any other provision of these Terms,
jobsiteboard retains the right to seek the remedy of specific performance of any term contained
in these Terms, or a preliminary or permanent injunction against the breach of any such term
or in aid of the exercise of any power granted in these Terms, or any combination thereof.
16. Feedback
We welcome your feedback on this document. Send all feedback to: contactus@jobsiteboard.
com
 |
 |
 |
 |
| Job Site Board - Copyright ©2005-2007, Job Site Wireless. All rights reserved. |
| This site sponsored by Job Site Wireless, a Sprint Nextel Authorized representative. |