1. Acceptance of Terms
provide notice of materially significant changes to the Terms by posting notice on the jobsiteboard provides a collection of online resources, including classified
ads, forums, and 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
PO Box 2143
San Rafael, CA 94912-2143
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
provide notice of materially significant changes to the Terms by posting notice on the jobsiteboard provides a collection of online resources, including classified
ads, forums, and 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
PO Box 2143
San Rafael, CA 94912-2143
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
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