CityGovJobs Terms of Use

Terms of Use

 

CityGovtJobs.com LLC

TERMS OF USE AGREEMENT

(6/1/2020)

 

1.  INTRODUCTION

Welcome to our website and services of CityGovtJobs.com LLC (“Company”, “we” or “us”).  These Terms of Use (“Terms”) constitute an “Agreement” between You and Company regarding your access and use of this website at the domain of citygovjobs.com as well as any other mobile website or mobile application related or otherwise connected to citygovjobs.com (“Site”).  This Agreement describes the terms and conditions by which you may access and use the Site and our Services, as defined below.   You agree that by accessing the Site, you have read, understood, and agree to be bound by all these Terms.  These Terms incorporate Company’s Privacy Policy and other User Rules as applicable.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

2.  DEFINITIONS

“User”, “Users”, “You” or “you” refers to individuals and entities accessing the Site.

“Job Seeker” or “Job Seekers” refers to individuals accessing the Site who are looking for city government job or career opportunities.

“City Government” refers to chartered or incorporated city government entities located in the United States.

“City Government User” or “City User” refers to an employee who works for a City Government who is authorized by their City Government to use Site.

“County” or “Counties” refers to geographic and government subdivision(s) within a State in the United States, that include multiple City Governments within the County’s jurisdiction.

“Company” refers to CityGovtJobs.com LLC, a California limited liability company located in Covina, California, that controls and operates Site.   The Company may be referred to as “we”, “us”, “our”, in this Terms of Use Agreement.

“Visitor” or “Visitors” refers to individuals who access the Site that do not register as a Job Seeker or City Government User.

“Services” refers to functions performed by the Site for registered Users, including but not limited to, permitting job openings to be posted by City Government Users, displaying job postings to Job Seeker Users through search results, notifying Job Seekers of job postings;  “Services” also includes work performed by Company to help City Governments configure and maintain their online content on Site, and to post jobs on Site on behalf of City Governments. 

 

3.  GENERAL PERMITTED USERS AND USE OF THE SITE

City Governments use different job posting services to advertise job openings.  This has created confusion amongst city government career job seekers and can make it very time-consuming to find jobs.  Site is dedicated to: (1) the idea of having city government job announcements on one website to help city government career Job Seekers more easily find jobs they are best qualified for in locations where they want to work; and (2) to help City Governments get applications from well-qualified applicants with city government experience.  The Site is not intended to function as a job application collection or tracking system, but instead simply links Users to other websites that collect job applications. 

Company authorizes Job Seeker Users to access the Site for personal non-commercial purposes in order to find jobs or career advancement opportunities at City Governments located in geographic areas served by Company.   Each Job Seeker User is required to register in order to access the Site on a repeat basis to view updated information on job opportunities included on, or accessible through, the Site’s features, or to receive automated job alerts by email or other means.  All Site features for Job Seekers are free of charge.     
Company permits employees of City Governments who have authority to conduct recruitments to register and use the Site.  Once a City Government registers their City, the first registered User may add subsequent City Government Users, provided, however, the number of Users is permitted by City’s subscription option, and such additional Users have responsibility for conducting recruitments and are employed by the same City Government; City Government Users are prohibited from adding persons as Users who do not work as an employee for their City Government.

Visitors may browse the Site’s publicly available pages solely for the purpose of determining whether they want to become a registered Job Seeker User or City Government User. Visitors are not permitted to repeatedly use our jobs search or city links search features without registering.

All Users of the Site are required to follow the terms and conditions of this Agreement or “Rules” when using the Site for their respective purpose.

 

4.  GENERAL USER REPRESENTATIONS & PROHIBITED ACTIVITIES

By using the Site, you represent and warrant that:

  1. You have the legal capacity to comply with these Terms of Use and site Rules;
  2. You are not a minor in the jurisdiction in which you reside; 
  3. You will not access the Site through automated or non-human means, whether through a robot, spider script or otherwise;
  4. You will not use the Site for any unauthorized purpose;
  5. You will not post any content on the Site that is defamatory, offensive, discriminatory, threatening, pornographic, incites violence, or obscene as determined by Company;
  6. You will not upload any invalid data, viruses, worms, or software scripts to the Site;
  7. You will not upload or post any content that infringes any patent, trademark, trade secret, copyright, rights of privacy, or publicity, or other proprietary rights of any party;
  8. You will not use the Site to collect or gather any information on any person, or share any personal information accessed through the Site, except for the purposes expressly permitted by Site’s Services and features;
  9. You will not impersonate another person, attempt to hide your identity, misrepresent any entity in your use of the Site, or create more than one account;  
  10. You will not disclose or share your login credentials with any other person; 
  11. You will not perform any operation in using the Site that imposes a disproportionately large load on our network or server infrastructure as determined at our sole discretion;
  12. You will not seek to bypass any restrictions put in place by Company that limit your access to the Site or portions of our Services which you are not permitted to use based on your subscription level or User status;
  13. You will not attempt to interfere with the operation of the Site or compromise the Site’s integrity or security protocols;
  14. You will not attempt to reverse engineer or decompile any Site features or functions;
  15. Your use of the Site will not violate any applicable law or regulations;
  16. If we disable your account, you will not create another one without our permission; and
  17. You will keep your contact information accurate and up-to-date.

All Users must comply with the remaining portions of this Terms of Use Agreement.  

Job Seekers are referred to Sections 6B, 7C and 8 of this Terms of Use Agreement for additional rules applicable Job Seeker Service features.

City Governments are referred to Sections 6A, 7AB, 8, 9, 10 and 12 of this Terms of Use Agreement for additional rules applicable to City Users.
 

5.  INTELLECTUAL PROPERTY RIGHTS

With the exception of content owned by, or license from, third parties, including “User Content”, the Site is Company’s proprietary property and all source code, databases,  functionality, software,  website  designs, graphics, video, photographs and text posted on the Site by Company (collectively, the "Content") including the trademarks, service marks, and logos of Company’s (the "Marks") are owned or controlled by Company or licensed to us, and are protected by copyright, trademark and patent  laws and various other intellectual property rights and unfair competition laws of the United States, foreign  jurisdictions, and international conventions.

The Content and the Marks are provided on the Site "AS IS" for your information and personal or permitted use.  Except as expressly provided in this Terms of Use Agreement or through the Site’s design or functions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,  encoded,  translated, transmitted,  distributed,  sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Company’s express prior written permission.

This Site is covered by US Patent No. 9,449,300.

 

6.  CITY PROFILES & LINKS SERVICE OVERVIEW, DISCLOSURE AND USER TERMS

A.  City Users

The Site includes a feature that allows City Government Users to create a profile to promote their City (“City Profile”), and to make your City’s jobs and other resources available to both Job Seekers and other City Governments.  To help City Government Users get started, Company may have uploaded publicly available, non-copyrightable information into our database for City Governments to use on their City Profiles.  This information may include Uniform Resource Locators (“URLs”) or hyperlinks, which may link Users to third-party websites.  City Users acknowledge that hyperlinks added to City Profiles are searchable by both City Government and Job Seeker Users as part of Services, and as a City User you agree to keep all City Profile information current and accurate and not delete hyperlinks to simply prevent their use and access by other Site Users.

B.  Job Seeker Users

Job Seeker Users acknowledge and agree that hyperlinks on Site may not always go directly to the destination represented by the hyperlink label or name. In some cases, the User may be required to click on additional links to navigate to the desired web page represented by the hyperlink name.   Concerned Users may report any links that do not work as expected to Customerservice@citygovjobs.com with subject line being “Link Concern” and Company will review the hyperlink.

 

7.  JOB ALERT SERVICE OVERVIEW, DISCLOSURES AND USER TERMS

A.  Purpose and Limitation

For some City Governments located in limited geographic areas, Company may have posted jobs on Site using Public Records Requests to help demonstrate how the Site is intended to work and to attract Job Seeker interest prior to actual City User registration and use.  City Governments that register to use the Site, agree to keep job postings current either by logging into Site to post new job openings and to end expired job postings, or to maintain such job postings through a Contract with Company (see Section 12).  Without registering for Service or contracting for Service, Company is under no obligation to continue to maintain your City Government’s job postings or Jobs of Interests (see below) on Site.

B.  City User Terms

For some City Governments located in limited geographic areas, Company may have collected budgeted job titles from public records, categorized them, and then uploaded such job titles into our database to demonstrate how the “Submit Interest” feature works and to help City Governments collect interest in future job openings from Job Seekers.  City Users that register agree to periodically review and maintain these “Jobs of Interest” to ensure that they are up-to-date and consistent with the titles in your operating budget, position classification system, or how your City posts job titles when conducting recruitments.  City Governments may also hide Jobs of Interest from Job Seekers following registration.  City Users agree, however, that when visible Jobs of Interest become actual job openings, to post these as Job Announcements on Site so that Job Seekers who submitted interest will receive a Job Alert.  City Governments may also contract with Company to maintain such records and post jobs when necessary (see Sections 9, 10 and 12). 

C.  Job Seeker User Terms

Job Seeker Users acknowledge and agree that “Job Alerts” or “Job Announcements” are simply notifications that a particular City Government has a job opening and is accepting applications for the open position, and that the Job Alerts or Job Announcements on Site may only include limited information, such as the job title, salary or wage range and deadline for the application.  In other words, Company or registered City Users may not post the full description and requirements on Site for each Job Announcement.  Generally, by clicking on the “Apply Link” the Site will link Job Seeker Users to the full job announcement or application portal.

Job Seeker Users further acknowledge and agree that in order to apply for job openings, you must use the Site’s “Apply Link” button to connect to third party websites, which may require Users to provide personal job application information, including but not limited to, answers to supplemental questionnaires or other information required by City Government Job Applications.  Company does not control the security nor privacy of any personal information you provide to third party job application portals or application tracking systems and you acknowledge and agree to hold company harmless from any damages you incur as a result of submitting such information to third party websites.
Job Seeker Users may use the Site to search for and submit interest in budgeted job titles (“Jobs of Interest”) at multiple City Governments.  With respect to these Jobs of Interest, Job Seeker Users do hereby further acknowledge, understand and agree that:

  1. Budgeted job titles, otherwise referred to as “Jobs of Interest” on Site, may have been uploaded initially by Company, and not by individual City Governments.
  2. “Jobs of Interest” on Site are not current job openings for which Users can apply; “Jobs of Interest” are strictly on Site for Job Seeker convenience, to help Job Seeker Users easily find and submit interest in jobs you are well-qualified to compete for, so that you may, at some future date, receive a Job Alert from Company or job poster in response to submitted interest.
  3. You agree to only submit interest in jobs for which you believe you are reasonably well-qualified to compete for and want to pursue.     
  4. In order to submit interest in Jobs of Interest on Site, Job Seeker Users may be required to complete an abbreviated resume which includes your “Key Qualifications”.
  5. Company reserves the right to present summary views of Job Seeker Key Qualifications to City Governments when Job Seekers submit interest in jobs, including, but not limited to, years of city government experience, educational level, and summary counts of where Job Seeker Users reside on a County basis.
  6. When Job Alerts or Job Announcements are posted on Site by City Governments or Company, they typically include hyperlinks which direct users to other websites.  Company does not warrant or guarantee the accuracy of any information on third party websites.
  7. Company is not responsible for, nor bears any liability for, Job Seeker time in searching for and submitting interest in Jobs of Interest and then not receiving Job Alerts for jobs that Job Seekers submitted interest in. 
  8. You acknowledge that “budgets” are living documents and can be changed at any time, and that job titles can be removed, amended and new titles can be added.  You agree that neither Company nor any City User bears any liability for a Job Seeker missing a Job Alert due to a change in a Job Title that you have not submitted interest in. 

Job Seekers may create saved searches using Site features to receive emails of Job Alerts for jobs matching saved search criteria.  Job Seeker Users acknowledge and understand that adding too many job categories to a saved jobs search can result in the User NOT receiving job alerts by email because Site joins “job categories” of a Saved Search with an “AND” so only job postings that match “all” job categories of a Saved Search will be sent.  For this reason, Job Seeker Users are advised to create multiple Saved Searches, with only one or two job categories.

Company is not responsible for Job Seekers missing job postings or job alerts for any reason.

 

8.  JOB SEEKER RESUMES

Site includes Services which allow Job Seeker Users to create a Resume.  City Government Users may search for Resumes and save them solely for recruitment purposes to fill specific job openings.  In order for a Job Seeker User to make your Resume available to City Governments through searches, you must actively set your Resume to be available.  You may block a limited number of City Governments from accessing your Resume, however, you must list these City Governments in your Resume settings to block access to your Resume.

Job Seeker Users that make their Resumes available to City Governments acknowledge and agree that they may be contacted by City Governments directly and not through the Site.  City Government Users agree not to disclose any data included on any Resume accessed through the Site or disclose any Resume data to third-parties unless that party is a recruiter on contract with your City Government and is involved directly with the employment opportunity for which the Job Seeker Resume is to be considered.
 

9.  USER CONTENT

Services permit Users to create profiles in the form of Resumes and City Profiles, Job Alerts or Job Announcements, and to upload graphic files, City Seals and photos, and hyperlinks (“User Content”).  User Content is the sole responsibility of the person or entity which posted the User Content on Site and we do not assert any ownership over User Content except where Company has uploaded public information to Site and has, through this Agreement, set forth requirements for its use.

You represent and warrant that you have, or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to upload and share your User Content on our Site for display to other Site Users. You agree that such User Content will not contain material subject to copyright or any other proprietary rights unless you are legally entitled to post or submit such material or have authority to allow Company to access and post such content on Site.

You agree that Company makes no representations, warranties, promises or guarantees regarding the content provided or posted on Site by Users.  You further acknowledge and agree that Company functions as a conduit or passive distributor of User Content and has no obligation to screen or verify User Content for accuracy, authenticity, or legality, and as a result you accept that Company is not responsible and has no liability for User Content.  You recognize that you may be exposed to User Content that is not accurate, misleading or false, and that it is your responsibility to verify the accuracy and truthfulness of User Content, including, information contained on User Profiles or Resumes, Job Alerts or Announcements or any other information originating from Users, including Company as a managed service to Users.

Notwithstanding the above, to the extent that Company becomes aware of any User Content that violates these Terms of Use or any other provisions of law, Company will take action to correct or remove such User Content and reserves the right to suspend and/or terminate any User’s Account found to be in violation of these Terms of Use.       
    

10.  USER CONTENT GRANT OF LICENSE

By registering as a User of Site, and by posting, submitting or otherwise making User Content available on Site for other Users, you expressly grant, and represent you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, royalty free, fully paid, transferable, non-exclusive, worldwide license to host, use, store, sell and exploit (commercially or otherwise), reformat, generate, disclose any and all User Content (in whole or in part) that does not constitute personally identifiable information for any purpose, including, without limitation, providing Service to Users.   You acknowledge and agree that Company has no obligation and may be unable to remove your Job Alerts, Job Announcements, or other User Content, once this content is distributed to Job Seekers through emails or other channels.

If you are a City Government User that has registered to use our Services to have us post your job announcements on Site, you acknowledge and agree that you have given us the right to access your Job Announcements and treat such information as public records in accordance with the California Public Records Act and to post such User Content on our Site.  And to the extent that these records are present or on another website, either one owned and operated by your City or one under your control through a separate contract with a third party, you agree to give Company the right to scrape such websites in order to obtain such public records and to post such information on our Site as User Content.  You further represent and warrant to us that you have the rights, power and authority to grant Company the rights described in this section, to use the public records, or to obtain the public records or retrieve it from any website, and to post on Site as User Content through our Services, and that such information so obtained by us will not violate any law or infringe the rights of any third party, and that  any information you post as User Content is legal, complete, legitimate, truthful and accurate.

   

11.  USER ACCOUNTS

When registering for Service you agree and warrant that you will enter accurate and truthful information.  Once registered for Service you will be granted a User Account.    Your Account Settings section will allow you to change your password and other account information such as email address.  You are required to maintain accurate and complete information during the term of your use of Service.  You are solely responsible for the activity that occurs under your account.  If you suspect any breach of your security or unauthorized access to your account, you must notify Company immediately of your concerns. 

If you have questions concerning your Account or Services, please email us at  customerservice@citygovjobs.com or use Contact Us link at bottom of website.

 

12.  SUBSCRIPTIONS, FEES AND PAYMENTS

A.  Subscriptions Generally

All Job Seeker Services are free to Job Seekers as of June 1, 2021, and so the Company relies on paid subscriptions from City Governments to maintain our Services. 
City Governments may register through the Site’s automated registration and payment process (when available) or through individual Service Contracts with Company.  Contract terms may vary with this Terms of Use Agreement, and where conflicts in terms exist, Contract terms shall prevail.

All fees for Service to City Governments are exclusive of any City Government business taxes or license fees.  If applicable, you agree to either waive or pay any taxes or fees from your City Government related to subscription transactions.

Some services may be provided outside of automated registration/recurring billing process.  For instance, City Government Users may wish for us to create a City Profile and/or categorize your budgeted job titles and upload them to Site.  You may contact us at customerservice@citygovjobs.com for pricing and to learn more.  Generally, these services are free for cities under 500 FTEs.

All Users agree that Company may add, remove, or change its Service features at any time.

B.  Service Contracts

City Governments interested in entering into a Service Contract outside of this Terms of Use Agreement may do so by sending Company a service request by email to customerservice@citygovjobs.com with subject line “Service Request”.  A written Contract will be emailed to you and can be negotiated until final. 

C.  Automated Service Fees/Billing 

If you elect to use Site’s automated process to register and pay for your subscription, you agree to the fees as set forth for respective Subscription/Service option and agree to payment terms as set forth below.    In general, all paid subscriptions are set to bill Users on a recurring basis and charges are billed in advance of Service.  Any changes to the Fees will be preceded by a 30 day notice and that will go into effect on your billing cycle following the notice of the change.

Payments

Payments made by City Government Users who opt for automated billing, must be made using a credit or debit card.  Company uses Stripe as third-party to process credit and debit card subscription payments.  Subscription plans will automatically renew for recurring periods at the interval for the respective subscription plan you select (e.g., every 30 days or each year).  You agree to provide accurate and complete payment information and to keep such information up-to-date during your subscription to enable recurring payments.  Invoices reflecting payments are provided with Services and are accessed from your Accounts pages.  You may printout or save the invoices to your computer for your own record.

Payments for Upgrades

City Government Users that upgrade from one monthly plan to another paid plan agree that the service features of the upgraded plan selected will go into effect immediately, and that the User will be billed and required to pay the full amount for the upgraded plan on the date of the upgrade.  User agrees that the date of the upgrade will be the new monthly or annual bill date for recurring payments.  City Government Users that upgrade who are on a monthly paid plan, will receive a credit for the unused portion of their pre-paid plan at the time of the upgrade.  The unused portion or credit on a User’s pre-paid plan will be calculated on “pro-rata” basis.

Payments for Downgrades

Users acknowledge and agree that there are no credits, discounts or refunds allowed when Users change from one paid subscription plan to lower level paid plan.  For City Government Users, the Services included in the paid subscription plan You select will go into effect immediately, and the payment amount for the new plan will go into effect once your current plan has lapsed.

Canceling Service / No Refunds

You may cancel your automated subscription at any time by logging in to your account, going to the subscriptions page, and clicking Cancel button.  You may also cancel by emailing Company at customerservice@citygovjobs.com with subject line, “Cancel My Service”.  If you are signed up for an automatic paid subscription, your service will continue until the end of your paid subscription term and you agree that you will not receive a refund for any pre-paid amounts for early cancellation.  In the event that Company cancels or terminates your service due to a violation of the Terms of Use, you agree and accept that your account will not receive a refund for any unused subscription term remaining after the date your account is terminated. 

City Government Users agree that when you cancel service, your City User Account will be disabled or removed at the end of your subscription term, and that your City Government will not be able to use the Site to post job alerts or perform other functions.  When canceling service, you agree not to delete information in your City Profile, including job titles (i.e., “Jobs of Interest”), that have been uploaded to the Site by Company, and understand that this information may continue to be used by Company to provide Services to Job Seeker Users and other City Governments. 

 

13.  SITE MAINTENANCE AND USER DATA AND CONTENT

We cannot guarantee the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.  You agree that we have no liability whatsoever for any loss of data, User Content, or inconvenience caused by your inability to access or use the Site during any downtime of the Site.  Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

14.  THIRD-PARTY WEBSITES AND CONTENT

You acknowledge and agree that Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, and other content or items belonging to or originating from third parties ("Third­ Party Content").  Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, or available through the Site. Inclusion of, linking to, or permitting the use of any Third-Party Websites or any Third­ Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or use any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate to from Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

15.  INFRINGING OR ILLEGAL CONTENT

A. Intellectual Property Rights

We respect the intellectual property rights of others, and it is our policy to respond to any claim that Content posted on the Site infringes on the intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing by email to our Copyright Agent at legal@citygovjobs.com, with the subject line: "Copyright Infringement" and include in your complaint a detailed description of the alleged Infringement as detailed below pursuant to the Digital Millennium Copyright Act (DMCA) (see 17 U.S.C 512(c)(3) for further detail:

DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

You can contact our Copyright Agent at following email:   legal@citygovjobs.com

B. Other Illegal or Infringing Content

If you believe in good faith that any content on the Services is illegal or infringes your or a third party's right (excluding copyright infringement) or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email at legal@citygovjobs.com. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.

 

16.  TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site or have a subscription with us or an active user account.  You may terminate your account by canceling your subscription at any time.  It is recommended that Job Seeker Users delete all your User Content prior to your cancellation of service, however, Company reserves the right to delete all your User Content and other information or data associated with your account at any time following your cancellation of Service.

Company reserves the right to suspend or terminate your account and/or your access to Services at any time without notice to you if we believe your use of Services has violated Terms of Use Agreement.   In the event you are a Job Seeker User, and your account is terminated by yourself or us, all of your User Content, saved searches, saved jobs, and submitted interest in jobs may be unavailable or deleted.  In the event you are a City Government User, all of your job postings, saved resumes and other User Content may be unavailable or deleted.   Upon termination, all provisions of Terms of Use Agreement shall remain in effect except for those terms relating to and granting you permission to access and use Services.

 

17.   INDEMNIFICATION

Job Seeker Users agree to defend, indemnify, and hold us harmless, including our affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other User of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.  If you are a City Government this section does not apply. The liability of any City Government User for any breach of the Terms or any claim arising from the Terms shall be determined under the relevant State Tort Claims Act, or other state governing authority.

 

18.  LIMITATIONS OF LIABILITY

You understand and agree that the Company shall not be responsible or liable for any loss or damage resulting from your use of the Site or the Services. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOST GOODWILL, LOST BUSINESS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EITHER DIRECTLY OR INDIRECTLY, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, AS A RESULT OF (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE OR THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERNATION OF YOUR TRANSMISSIONS OR CONTENT, or (v) A BREACH OF ANY WARRANTY OR ANY OTHER TERM OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY  OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. YOUR ONLY OTHER REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE, OR THESE TERMS, IS TO DISCONTINUE USING THE SITE AND THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: 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. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

 

19.  DISCLAIMER

YOU ASSUME RESPONSIBILITY AND RISK FOR YOUR USE OF THESE SERVICES AND THE SITE. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

20.  CHANGES TO TERMS / DISCONTINUATION OF SERVICES

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.  Amended or updated Terms of Use Agreement(s) will be posted on the Site and is hereby expressly incorporated herein by reference.  We will alert you about any changes by updating the "Last updated" date of these amended, restated or revised Terms of Use Agreements, and you waive any right to receive specific notice of each such change.  It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use Agreement by your continued use of the Site after the date such revised Terms of Use are posted.

We reserve the right to take this Site offline or cancel our entire Services at any time.  Any paying Users will be refunded for any unused portion of their service if this Site is discontinued.

 

21.  PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy.   By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements  governing personal data collection, use, or disclosure  that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring  your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

22.  GENERAL TERMS

A.  Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

B.  Governing Law.  This Agreement shall be governed by the laws of the United States and the State of California, without reference to conflicts of law principles.  The Terms hereof shall be deemed to have been executed and performed in the State of California, and shall be exclusively governed by, construed and interpreted in accordance with the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect and performance, excluding choice of law principles of such State as may require application of the laws of another jurisdiction.

C.  Non Waiver. The failure of the Company to enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.

D.  Severability. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

E.  Entire Understanding. These Terms set forth the entire understanding and agreement between you and Company with respect to the subject matter contained herein, and supersedes any prior written or oral agreements or understandings.