ExerciseJobs service (the “Service”) and Web site (the “Site”) provide an online career center for fitness and exercise professionals, on which (among other features) you may post and search employment opportunities and other users’ resumes. The Site and Service are made available by Job Ventures, LLC (“Company” or “we” or “us”). Access to and use of the Service and Site are subject to the terms and conditions of this User Agreement (hereinafter, the “User Agreement”) and all applicable laws and regulations, including laws and regulations governing copyright.
Please read these terms and conditions carefully. BY ACCESSING AND USING THE SITE AND SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. If you do not accept the terms and conditions in this User Agreement, do not access or use the Site or the Service. Company reserves the right to change these terms and conditions at any time, by posting such changes on this screen. You should visit this page periodically to review the most current terms and conditions as they are binding on you. By accessing and using the Service and the Site, you agree in advance to accept any changes.
1. Proprietary Rights in the Service and Site. As between you and Company, the content and materials used and displayed on the Service and the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, code, data, and the names, logos, trademarks and service marks, are the sole and exclusive property of Company and are protected by copyright, trademark and other intellectual property and proprietary laws. Any such content may be displayed solely for your personal, non-commercial use.
2. Prohibited Use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such content or material without the prior written permission of Company in each instance. If you make other use of the Service or Site, or the content or materials thereon, except as otherwise expressly provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.
4 Submitted Materials. Any communication, information, content or material you post or transmit to the Company and/or the Site (“Submitted Materials”) is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and by submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you and that no other party has any rights thereto; and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferrable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
5. Prohibited User Conduct. In the course of your use of the Site and Service, you absolutely agree:
- not to harm other users or cause other users to be harmed in any way (including without limitation, by way of “stalking” or harassing);
- not to forge headers of postings, e-mail, or other communications, or to otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or Service;
- not to insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or information, or use, redistribute, republish or exploit such content, materials or information for any further commercial or promotional purposes;
- not to obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on the Site through any means;
- not to use the Site or the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or Service, or any other user’s experience with the Site or Service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- not to attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Service, or any content thereof, or make unauthorized use thereof;
- not to obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site or Service;
- not to intentionally or unintentionally violate any applicable local, state, national or international law;
- not to engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other contact or personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or Service, including, without limitation, any information residing on any server or database connected to the Site or Service; and
- not to impersonate or misrepresent yourself as any other person or entity, whether actual or fictitious, including anyone from the Site or Company.
6. Public Forums. The Service and the Site include, among other features, a job posting board which allows you and other users to post information, obtain information, submit a testimonial, provide feedback to Company, and interact in real-time. While participating in such job posting board or other similar community or public features or areas on the Site, in addition to any other rules and regulations applicable to your use of the Site and Service in general, you agree not to:
- upload, post, publish or otherwise transmit any information or materials which are false, fraudulent, misleading, unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable, including, but not limited to, any material which encourages conduct that would constitute a criminal offense;
- violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, or otherwise violate any applicable local, state, national or international law; or
- upload, post, publish or otherwise transmit any information or materials which contain a virus, spyware or other harmful component, or which contain any embedded links, advertising or pyramid schemes of any kind.
It is important to remember that content or information submitted to a public forum or similar feature on the Site may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. You should therefore be careful and selective about the information that you disclose about yourself and others in your comments to our public forums or other submissions to our Site, and in particular, you should not disclose any sensitive, proprietary or confidential information.
7. Right to Monitor and Editorial Control. Although Company may from time to time monitor and review postings and transmissions on the Site, Company is under no obligation to do so. You acknowledge that Company does not control the information available that is provided by third parties and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on the Site are those of their respective authors, who are solely liable for their content. Company reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Site, which are, in Company’s sole discretion, objectionable or in violation of this User Agreement, Company’s policies or applicable law, and to disclose any information as necessary to satisfy any law, regulation or government request.
8. Indemnification. You will be responsible for, and agree to defend, indemnify and hold harmless Company and its owner, affiliates, agents, employees and representatives against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or Service, any material that you post or transmit to the Site, or your breach or violation of this User Agreement or any applicable law. Company reserves the right, at its expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with Company in such defense.
9. Orders for Products and Services. We may make certain products and services available to certain visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products or services that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
10. Third Party Web Sites. You may be able to link from the Site to third party web sites, and third party web sites may be able to link to the Site. Links to and from such sites do not constitute an endorsement or sponsorship by Company of such sites. Company does not review or monitor any web sites linked from or to the Service and the Site and is not responsible for the content, products, information, services, advertising, code or other materials of or on any such web sites. Your linking to and from any such web sites, and your reliance on the contents of any such site, is done solely at your own risk, and you are solely responsible for any consequences arising therefrom.
11. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
900 Bridgeway, Ste 1
Sausalito, CA 94965
Tel: (415) 244-6700
Fax: (415) 447-4090
12. DISCLAIMER OF WARRANTIES. THE SITE AND SERVICE, INCLUDING WITHOUT LIMITATION all content, functions and materials, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS USER AGREEMENT, WE HEREBY WAIVE ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREON WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
The Site and Service contain information, facts and opinions about and provided by various third party individuals and organizations, INCLUDING FOR EXAMPLE, INDIVIDUALS SEEKING EMPLOYMENT AND EMPLOYERS SEEKING APPLICANTS. WE DO NOT ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITE, AND WE MAKE NO GUARANTEES WITH RESPECT TO ANY EMPLOYMENT OR EMPLOYMENT RESULTS.
13. LIMITATION OF LIABILITY. Your use of the Service and the Site is at your own risk. IN NO EVENT SHALL COMPANY NOR ANY OF ITS OWNERS, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR THE SITE OR THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE OR SERVICE, LOST BUSINESS OR LOST SALES, OR ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST COMPANY AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, OWNERS, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE THEREON. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL WE BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR SERVICE. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE USER AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR USE OF THE SITE AND/OR SERVICE. DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
14. Applicable Laws. We control and operate the Site and Service from our offices in the United States of America. We do not represent that materials on the Site or the Service are appropriate or available for use in other locations. Persons who choose to access the Site or Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable. All parties to this User Agreement waive their respective rights to a trial by jury.
15. Termination. We may terminate, change, suspend or discontinue any aspect of the Site or Service at any time. We may restrict, suspend or terminate your access to the Site and/or Service if we believe you are in breach of this User Agreement or applicable law, or for any other reason without notice or liability. Company maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
16. Miscellaneous. This User Agreement and any disputes arising out of or related to the Service and the Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to its conflict of law principles. You agree that any cause of action that may arise under this User Agreement shall be commenced and be heard in the appropriate court in the State of California, County of San Francisco. You agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco County in the State of California. Our failure to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement 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 User Agreement remain in full force and effect.
Last Updated: February 10, 2014