HELLUVAJOB TERMS OF USAGE

 

 

1. ACCEPTANCE OF TERMS

 

HELLUVAJOB 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 OF USAGE"). By using the Service in any way, you are agreeing to comply with the TERMS OF USAGE. In addition, when using particular HELLUVAJOB services, you agree to abide by any applicable posted guidelines for all HELLUVAJOB services, which may change from time to time. Should you object to any term or condition of the TERMS OF USAGE, any guidelines, or any subsequent modifications thereto or become dissatisfied with HELLUVAJOB in any way, your only recourse is to immediately discontinue use of HELLUVAJOB.

 

 

2. MODIFICATIONS TO THIS AGREEMENT

 

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TERMS OF USAGE at:

 

http://www.HELLUVAJOB.com

 

3. ELIGIBILITY

You must be fourteen years old or older to register for use of the HELLUVAJOB web site. To apply for said jobs posted on HELLUVAJOB you must meet the minimum age of eighteen if you are a resident of California. If you are younger than eighteen then you must have a permit or consent from your parent or legal guardian.  HELLUVAJOB does not monitor nor police its site for age and shall not be held responsible should a parent or guardian find their child contacting employers for freelance work, gigs or chores. Use of the Service is void where prohibited. By using this site, you represent and warrant that you have the right, authority, and capacity to enter into this User Agreement and to abide by all of the terms and conditions of this Agreement.

4. 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 each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that HELLUVAJOB 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 HELLUVAJOB site and Content available through the Service may contain links to other websites, which are completely independent of HELLUVAJOB. HELLUVAJOB 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 websites 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 HELLUVAJOB 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 HELLUVAJOB does not pre-screen or approve Content, but that HELLUVAJOB 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 OF USAGE or for any other reason.

 

 

5. THIRD PARTY CONTENT, SITES, RATINGS, AND SERVICES

 

The HELLUVAJOB site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of HELLUVAJOB, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. 

 

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 should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

 

You agree that HELLUVAJOB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. HELLUVAJOB shall not be responsible for any bad ratings, feedback, testimonials, or slanderous comments made to your profile should such statements be found on your page. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that HELLUVAJOB is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release HELLUVAJOB, 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." 

By posting your Content to any part of the HELLUVAJOB site or HELLUVAJOB Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You may remove your Content from the HELLUVAJOB site at any time. However, HELLUVAJOB cannot guarantee that your information will be removed from the Internet as Search agents and other indexing services may retain and display a copy of a web page that HELLUVAJOB has removed. Furthermore, removed information may persist in backup or cached copies on HELLUVAJOB's servers for a reasonable period of time but will not be generally available to Users of HELLUVAJOB. If you choose to remove your Content, the license granted above will automatically expire.

You understand and agree that by posting your Content to the HELLUVAJOB site or Service your information, in the form of all personal content within your user Profile, including your name, questions answered, tags, links, photos and all other content that you voluntarily post, add, or submit to the HELLUVAJOB site, will be open to the anyone on the Internet and may be found through search engines, scrapers, crawlers and aggregators.

You understand that HELLUVAJOB allows you to create a personalized profile and entity within the HELLUVAJOB site or Service. You agree that your profile cannot contain any naming convention currently used by, reserved or intended for the HELLUVAJOB website or Service. In addition, you understand that company names and trademarked names or terms are not allowed for use within your personalized profile. You understand and agree that HELLUVAJOB may review, delete any content within, or take possession of your personalized profile, for any reason whatsoever that, in the sole judgment of HELLUVAJOB, is determined to violate this Agreement, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of users.

All job advertisements must be for legitimate, current or future business opportunities that you intend to fill. HELLUVAJOB customers agree to use our job searches to find skilled individuals, professionals at their own risk.  Customers are also responsible for issuing 1099 forms to: 100% commission-based positions, volunteers, independent sales positions, mystery shoppers, work-from-home opportunities, business opportunities, or any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement, as well as any jobs that HELLUVAJOB deems inappropriate. In addition, customers may not create duplicate or derivative jobs in order to circumvent the posting limits in of the HELLUVAJOB job posting service. HELLUVAJOB reserves the right to permanently disable the job posting functionality of any customer found to be in violation of the terms of this User Agreement.

Members of the HELLUVAJOB site or Service agree to allow companies to send them opportunities through the HELLUVAJOB Service including content such as job alerts, news alerts, newsletters, product launch notices, and other general company information. Users can opt out of any and all contact from HELLUVAJOB or companies using the HELLUVAJOB Service at any time. Members of Talent Networks and users of the HELLUVAJOB Service or site may be contacted by people seeking referrals to specific companies, which the subscriber can accept or decline. By accepting, an email will be automatically sent to the jobseeker with notice of acceptance. By declining, no email will be sent to any person or third party.

Employees of companies using the HELLUVAJOB Service may also receive requests from people seeking referrals, whether or not they are members of a company's Talent Network or are a HELLUVAJOB site user. By accepting, an email will automatically be sent to the jobseeker with notice of acceptance. By declining, no email will be sent by that company to any person, their employer, or any third party.

Users of the HELLUVAJOB site may send you notes that will be stored in your profile. HELLUVAJOB will send you a notice that a note has been left. You will have the right to delete and block further contact from any user that you do not wish to communicate with. You will receive notification when users of the HELLUVAJOB site add you as Fave , leave you an endorsement, or leave you a note. You have the right to report any user, note or endorsement that you find inappropriate. You are solely responsible for your interactions with other users of the HELLUVAJOB site or Service. HELLUVAJOB reserves the right, but has no obligation, to monitor disputes between you and other users.

You are solely responsible for the Content that you communicate, publish, display, or post on the Service, or transmit to other users (collectively, "Post"). HELLUVAJOB reserves the right to remove any content from the site that hinders the intended use and/or user experience (i.e.: contact information that is entered in a title field). You agree that you will not take any action or Post any Content that is prohibited by these terms.

The following is a partial list of the kind of Content that is prohibited on the website. HELLUVAJOB reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates these provisions, including without limitation, removing the offending communication from the Service and terminating the account or access of such violators. Content that is prohibited includes any acts or Content that:

1. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
2. harasses or advocates harassment of another person or entity
3. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing ("spam" or "spamming")
4. transmits files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment
5. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
6. impersonates any person or entity, including, but not limited to, a HELLUVAJOB representative, or falsely states or otherwise misrepresents your affiliation with a person or entity
7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files
8. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible web page)
9. displays pornographic or sexually explicit material of any kind
10. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
11. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
12. solicits passwords or personally identifying information for commercial or unlawful purposes from other users
13. engages in commercial activities and/or sales without prior written consent, including, but not limited to contests, sweepstakes, barter deals, advertising, and pyramid schemes, or other uses of the site that HELLUVAJOB deems inappropriate
14. forges or manipulates headers, identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites
15. takes any action that imposes an unreasonably or disproportionately large load on our infrastructure
16. engages in any illegal activities
17. uses spiders, bots or avatars to navigate this site
18. circumvents stated policies or misuses the site or service for purposes it was not intended, or HELLUVAJOB deems inappropriate.

Even though all of this is strictly prohibited, you should be aware that there is a chance that in using this site, you might be exposed to such items or behavior and, to the maximum extent allowed by law, you further waive your right to any damages (from any party) related to such exposure. You agree to use this site and the Service in a manner consistent with any and all applicable laws and regulations.

 

 

 

6.  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 HELLUVAJOB's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

 

Fraud@HELLUVAJOB.com

 

or:

 

Copyright Agent

HELLUVAJOB

1155 7 ^th Street

Oakland, CA 94607

 

Please provide our Agent with the following Notice:

 

a) Identify the material on the HELLUVAJOB site that you claim is infringing, with enough detail so that we may locate it on the website;

 

b) 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;

 

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

 

d) Your address, telephone number, and email address; and

 

e) Your physical or electronic signature.

 

HELLUVAJOB will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).

 

 

7. PRIVACY AND INFORMATION DISCLOSURE

 

HELLUVAJOB has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web

address:  http://HELLUVAJOB.com/sboj/privacypolicy.do

 

Your use of the HELLUVAJOB website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that HELLUVAJOB may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TERMS OF USAGE; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of HELLUVAJOB, its users or the general public.               

 

 

8. CONDUCT

 

You agree not to post, email, or otherwise make available Content:

 

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,libelous, invasive of another's privacy, or is harmful to minors in any way;

 

b) 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;

 

c) 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;

 

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

 

e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

 

f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

 

g) that impersonates any person or entity, including, but not limited to, a HELLUVAJOB employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

 

h) that includes personal or identifying information about another person without that person's explicit consent;

 

i) that is false, deceptive, misleading, deceitful, or constitutes "bait and switch"; j) 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;

 

k) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

 

l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the HELLUVAJOB sites which are not designated for such purposes; or emailed to HELLUVAJOB users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.

 

m) that includes links to commercial services or web sites, except as allowed in "services";

 

n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: http://www.HELLUVAJOB.com

 

o) 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;

 

p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

 

q) 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:

 

r) contact anyone who has asked not to be contacted;

 

s) harass anyone or "stalk";

 

t) collect personal data about other users for commercial or unlawful purposes;

 

u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by HELLUVAJOB;

 

v) 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;

 

w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;

 

x) attempt to gain unauthorized access to HELLUVAJOB'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 HELLUVAJOB website; or

 

y) use any form of automated device or computer program that enables the submission of postings on HELLUVAJOB without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

 

9. POSTING AGENTS

 

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on HELLUVAJOB's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from HELLUVAJOB.  Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting

Content on behalf of others, except with express permission or license from HELLUVAJOB.

 

 

10. NO SPAM POLICY

 

You understand and agree that sending unsolicited email advertisements to HELLUVAJOB email addresses or through HELLUVAJOB computer systems, which is expressly prohibited by these TERMS OF USAGE, will use or cause to be used servers located in California.  Any unauthorized use of HELLUVAJOB computer systems is a violation of the TERMS OF USAGE 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.

 

 

11. LIMITATIONS ON SERVICE

 

You acknowledge that HELLUVAJOB 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 HELLUVAJOB has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that HELLUVAJOB reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that HELLUVAJOB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

 

12. ACCESS TO THE SERVICE

 

HELLUVAJOB grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) 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 HELLUVAJOB.  A limited exception to (b) 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.

 

HELLUVAJOB 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 eporting 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 the TERMS OF USAGE, absent express permission granted by HELLUVAJOB to do so.  You may also create a hyperlink to the home page of HELLUVAJOB sites so long as the link does not portray HELLUVAJOB, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

 

HELLUVAJOB 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.  HELLUVAJOB 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 'HELLUVAJOB' as the source, (d) your use or display does not suggest that HELLUVAJOB 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 HELLUVAJOB's systems.  HELLUVAJOB 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 HELLUVAJOB 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 HELLUVAJOB.

 

 

13. TERMINATION OF SERVICE

 

You agree that HELLUVAJOB, 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 HELLUVAJOB believes that you have acted inconsistently with the letter or spirit of the TERMS OF USAGE. Further, you agree that HELLUVAJOB 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 12-18 shall survive termination of the TERMS OF USAGE.

 

 

14. 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 HELLUVAJOB. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of HELLUVAJOB, 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. HELLUVAJOB is a registered mark in the U.S. Patent and Trademark Office.

 

Although HELLUVAJOB 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 HELLUVAJOB 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 HELLUVAJOB 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.

 

 

15. DISCLAIMER OF WARRANTIES

 

YOU AGREE THAT USE OF THE HELLUVAJOB SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE HELLUVAJOB 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,HELLUVAJOB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HELLUVAJOB SITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, HELLUVAJOB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HELLUVAJOB SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HELLUVAJOB SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, HELLUVAJOB DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HELLUVAJOB 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.

 

 

16. LIMITATIONS OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL HELLUVAJOB BE LIABLE FOR DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HELLUVAJOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HELLUVAJOB SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HELLUVAJOB SITE OR THE SERVICE, FROM INABILITY TO USE THE HELLUVAJOB SITE OR THE SERVICE, OR THE INTERRUPTION,SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HELLUVAJOB 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 HELLUVAJOB SITE OR THE SERVICE OR ANY LINKS ON THE HELLUVAJOB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HELLUVAJOB SITE OR THE SERVICE OR ANY LINKS ON THE HELLUVAJOB SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

 

 

17. INDEMNITY

 

You agree to indemnify and hold HELLUVAJOB, 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 OF USAGE, your breach of any of the epresentations and warranties herein, or your violation of any rights of another.

 

 

18. GENERAL INFORMATION

 

The TERMS OF USAGE constitute the entire agreement between you and HELLUVAJOB and

govern your use of the Service, superseding any prior agreements between you and HELLUVAJOB. The TERMS OF USAGE and the relationship between you and HELLUVAJOB shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and HELLUVAJOB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of HELLUVAJOB to exercise or enforce any right or provision of the TERMS OF USAGE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF USAGE 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 OF USAGE 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 OF USAGE must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

 

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

 

Please report any violations of the TERMS OF USAGE, by flagging the posting(s) for

review, or by emailing to:

 

abuse@HELLUVAJOB.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 HELLUVAJOB to pursue legal action to enforce the TERMS OF USAGE, you will be liable to pay HELLUVAJOB the following amounts as liquidated damages, which you accept as reasonable estimates of HELLUVAJOBs' damages for the specified breaches of the TERMS OF USAGE:

 

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 HELLUVAJOB 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 you send unsolicited email advertisements to HELLUVAJOB email addresses or through HELLUVAJOB computer systems, you agree to pay HELLUVAJOB twenty five dollars ($25) for each such email.

 

c. If you post Content in violation of the TERMS OF USAGE, other than as described above, you agree to pay HELLUVAJOB one hundred dollars ($100) for each Item of Content posted.  In its sole discretion, HELLUVAJOB may elect to issue a warning before assessing damages.

 

d. If you aggregate, display, copy, duplicate, reproduce, or otherwise  exploit for any purpose any Content (except for your own Content) in violation of the TERMS OF USAGE without HELLUVAJOB's express written permission, you agree to pay HELLUVAJOB one thousand dollars ($1,000) for each day on which you engage in such conduct.

 

Otherwise, you agree to pay HELLUVAJOB's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TERMS OF USAGE, HELLUVAJOB retains the right to seek the remedy of specific performance of any term contained in the TERMS OF USAGE, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TERMS OF USAGE, or any combination thereof.

 

 

20. FEEDBACK

 

We welcome your questions and comments on this document in the HELLUVAJOB

feedback forum: http://helluvajob.com/sboj/comment.do?aa=gotoComment