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
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
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
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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