SalarySite.com, an California limited liability company (referred to herein as “SalarySite.com,” “we” or “us”) owns and operates www.SalarySite.com, a web site that provides at no charge to you (referred to herein as “user” or “you”) easy access to various job application forms created and posted by various companies (“Applications”). SalarySite.com has no connection with the various companies that produced and posted the job application forms. SalarySite.com makes no warranties whatsoever regarding the forms, the companies that created the forms, the content of the forms or whether there are actually any potential employment positions currently advertised or available.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SalarySite.com AND ANY ASSOCIATED ENTITIES, SalarySite.com’S MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND ITS AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SalarySite.com AND ANY ASSOCIATED ENTITIES, SalarySite.com’S MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND ITS AGENTS MAKE NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY ERRORS IN THE SOFTWARE USED TO PROVIDE THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY WHATSOVER.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SalarySite.com AND ANY ASSOCIATED ENTITIES, SalarySite.com’S MANAGERS, MEMBERS, OFFICERS, EMPLOYEES AND ITS AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SalarySite.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
It is SalarySite.com’s policy in appropriate circumstances and at its discretion to disable and/or terminate the accounts of users who may be repeat infringers of the copyright and intellectual property rights of others.
Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice 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 provide SalarySite.com the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on SalarySite.com site;
(d) your address, telephone number, and email address;
(e) 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; AND
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
SalarySite.com’s Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: support@SalarySite.com
13. GENERAL INFORMATION
The TOU constitutes the entire agreement between you and SalarySite.com concerning the Services and governs your use of the Services.
Choice of Law and Forum.
The TOU and the relationship between you and SalarySite.com shall be governed by the laws of the State of California without regard to any conflict of law provisions. Unless otherwise expressly prohibited by law, you and SalarySite.com agree to submit to the personal and exclusive jurisdiction of the courts located within Stark County, California.
Waiver and Severability of Terms.
The failure of SalarySite.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.
14. SALARYSITE.COM’S INTELLECTUAL PROPERTY
Users of the Services acknowledge and agree that SalarySite.com has the exclusive rights and privileges in and to the intellectual property rights of and with respect to providing the Services. Users acknowledge and agree that the provision of the Services are protected by U.S. Copyright laws, other intellectual property laws, international treaty provisions, and must be treated like any other material protected by intellectual property laws.
Users of the Services acknowledge and agree SalarySite.com has proprietary rights to its name, the name of the web site, any of its logo and service marks (the “SalarySite.com Marks”) and that the user will not use SalarySite.com Marks without SalarySite.com’s express written permission.