Legal information
Date Revised and Posted: 9/7/2010 ("
Effective Date") by iDespiseMyJob.com
1. TERMS OF USE ENFORCEABILITY. You acknowledge and agree that you have freely and voluntarily entered into these Terms of Use for iDespiseMyJob (the "
Site"),
have read and understood each and every provision, and any
interpretation of these Terms of Use shall not be construed against us
because we drafted these Terms of Use.
2. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ITS CONTENTS ARE PROVIDED
ON AN "AS IS", "AS AVAILABLE" BASIS AND WE DO NOT MAKE ANY, AND HEREBY
SPECIFICALLY DISCLAIM ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES,
OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENTS,
INCLUDING, WITHOUT LIMITATION, ANY REGARDING OR ARISING FROM: (I)
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (II) COURSE OF
DEALING, COURSE OF USAGE, OR COURSE OF PERFORMANCE; OR (III)
TIMELINESS, ACCURACY, RELIABILITY OR CONTENT OF THE SITE AND ANY
INFORMATION PROVIDED THROUGH THE SITE UNDER THIS AGREEMENT. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ANY WARRANTY
REGARDING THE PROFITABILITY OF TRANSACTIONS EXECUTED ON THE SITE OR THE
RESULTS TO BE OBTAINED FROM THE USE OF THE INFORMATION ON THE SITE, AND
INFORMATION ON THE SITE IS NOT INTENDED TO PROVIDE LEGAL, FINANCIAL,
ACCOUNTING, TAX OR OTHER ADVICE, AND SHOULD NOT BE RELIED UPON AS
PROFESSIONAL ADVICE.
3. LIMITATION OF LIABILITY.
WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES (COLLECTIVELY, THE "
DAMAGES"),
ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE. THIS PROVISION ENTITLED "LIMITATION OF LIABILITY" APPLIES REGARDLESS
OF: (A) OUR NEGLIGENCE; (B) OUR GROSS NEGLIGENCE; (C) ANY FAILURE OF AN
ESSENTIAL PURPOSE; AND (D) WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE,
CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS PROVISION
ENTITLED "LIMITATION OF LIABILITY" APPLIES EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE
STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT
PERMITTED BY LAW, AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU
EXCEED ONE HUNDRED DOLLARS ($100).
WE ARE NOT RESPONSIBLE AND NOT LIABLE FOR ANY INFORMATION, PRODUCTS, OR
SERVICES PROVIDED BY OTHER WEB SITES THAT LINK TO OR FROM THE SITE.
4. YOUR USE OF THE SITE.
4.1 Your Right to Use the Site. We grant you a non-exclusive, personal, and revocable right to access the Site.
You represent that you are at least 13 years of age.4.2 Passwords.
You are responsible for protecting the confidentiality of your
password(s), and for the acts and omissions of any third party that
accesses the Site through use of your password, as if such acts and
omissions were your own.
4.3 Changes to the Site and Premium Features.
We shall have the right at any time to change or discontinue any aspect
or feature of the Site, including, but not limited to, content, hours
of availability, and equipment needed for access or use.
5. CHANGED TERMS.
We shall have the right at any time to amend these Terms of Use,
effective immediately upon notice on the Site, and any use of the Site
by you after notice is subject to these new amendments. Please note
that access to premium site features may be subject to a fee and
additional agreement(s), which we will provide to you for your approval
before charging you.
6. EQUIPMENT. You must obtain, pay for and maintain all software, hardware and anything else needed to use the Site.
7. YOUR CONDUCT.
7.1 Lawful Purposes.
You shall use the Site for lawful purposes only.
7.2 Intellectual Property.
You may not modify, publish, transmit, participate in
the transfer or sale of, create derivative works, publicly distribute,
publicly display, reproduce, publicly perform, or in any way exploit in
any format whatsoever (including, without limitation, print and
electronic formats) any of the Site content, without our prior written
authorization.
7.3 Works and Material You Submit to the Site.
You shall not upload, post or otherwise make available on the Site any
works or material protected by copyright, trademark or other
proprietary right without the express written permission of the owner
of the copyright, trademark or other proprietary right and the burden
of determining that any works or material are not so protected rests
entirely with you. For all works or
material submitted by you to the Site, you automatically grant, or
warrant that the owner of such material has expressly granted, us a
royalty-free, perpetual, irrevocable, worldwide, fully-paid up license
to use, reproduce, create derivative works, publicly distribute,
publicly perform, publicly display, assume any sound recording rights
or moral rights of attribution or integrity, transmit, modify, adapt,
publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed (including, without
limitation, print and electronic form, media and technology) for the
full term of any copyright that may exist in such works or materials.
7.4 No Unauthorized Access and Unauthorized Activities on the Site.
The Site is only publicly available for the authorized uses described
in these Terms of Use. Access to the Site is not authorized for any
activities that interfere or have the potential to interfere with our
possessory interest in the Site. Unauthorized activities, include, but
are not limited to: any access and use of the Site for automated
access, screen or data scraping, data acquisition and consolidation,
automated offers; using the
Site in an attempt to break security, or so as to actually break
security of any computer network (including, without limitation, the
Site itself); using the Site for unauthorized relays through any third
party systems; attempting, in any way, to interfere with or deny
service to any user or any host on the Internet; using the Site to engage in unsolicited
commercial email, or to add or attempt to add addresses to any mailing
list (yours or a third party's); using the Site to engage in
flood attacks, which are defined as overburdening a recipient computer
system by sending a high volume of spurious data which effectively
impedes or totally disables functionality of the recipient system(s),
or any other denial of service attacks; furnishing false data on your
sign-up form, contract, or online application, including, without
limitation, providing fraudulent payment information; actively engaging
in or authorizing making the Site or any portion available as part of a
"co-branded" or "private label" web site, web service, or Internet
access service, or as part of a "channel" through a software or
Internet service, or similar arrangements or relationships that offer
or provide access to the Site from or through other web sites, web
services, or Internet access services.
7.5
Individual conduct. You agree to act responsibly at this site and to treat other visitors with respect. As a User, you agree that:
a. You are responsible for the content
or information you publish, display or otherwise communicate in any
manner (hereinafter, "post") on iDespiseMyJob.com, or transmit to other users.
b. You will not post on iDespiseMyJob.com, or transmit to other users, any defamatory, inaccurate, abusive, obscene,
profane, offensive, sexually oriented, threatening, harassing, racially
offensive, or illegal material, or any material that infringes or
violates another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and publicity).
8. MONITORING.
We have the right, but not the obligation, to monitor the content of
the Site, to determine compliance with these Terms of Use, any other
agreement between you and us, and any operating rules established by
us, as well as to satisfy any law, regulation, authorized government
request, or trade association guideline. We have the right to edit,
refuse to post or remove any material submitted to or posted on the
Site. You acknowledge and agree that any communication or material you
post or transmit to the Site is, and will be treated as,
non-confidential and non-proprietary. Without limiting the foregoing,
we shall have the right to remove any material that we find violates
these Terms of Use, may cause liability for us, or is otherwise
objectionable.
9. TERMINATION AND SURVIVAL.
Either we or you may terminate these Terms of Use at any time. Without
limiting the foregoing, we shall have the right to immediately
terminate these Terms of Use, as to you, by terminating your access to
the Site, for our convenience, for any reason or no reason, or for any
breach by you of these Terms of Use. You may terminate these Terms of
Use by deleting your profile and ceasing to use the Site, but if you
use the Site again in the future, then you will have agreed to these
Terms of Use again. Sections 1, 2, 3, 7, 8, 10, 11 and 12 survive any termination or expiration of these Terms of Use.
10. TRADEMARKS. The following trademark(s) are owned by us, all rights reserved:
iDespiseMyJob.com.
All other trademarks appearing on the Site are the property of their
respective owners. You gain no rights of any nature whatsoever in our
trademarks, service marks or trade names through your use of the Site.
11. NO ENDORSEMENT OF SITE CONTENT.
We neither endorse nor are responsible for the accuracy or reliability
of any opinion, advice or statement made on or off the Site by anyone
other than one of our authorized employee spokespersons while acting in
their official capacities. It is the responsibility of you to evaluate
the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through the Site or through a Site
user. Advice of a professional may be necessary for you regarding the
evaluation of any specific information, opinion, advice or other
content.
12. GENERAL. Entire Agreement and Amendments.
This Agreement is the entire agreement between us and
supersedes all earlier and simultaneous agreements regarding the
subject matter.
Governing Law and Forum. All claims regarding this Agreement are governed by and construed in accordance with the Laws of all countries,
applicable to contracts wholly made and performed in such jurisdiction,
except for any choice or conflict of Law principles, and must be
litigated in Connecticut,
regardless of the inconvenience of the forum, except that we may
seek temporary injunctive relief in any venue of our choosing. The
parties acknowledge and agree that the United Nations Convention on
Contracts for the International Sale of Goods is specifically excluded
from application to this Agreement.
No Waivers, Cumulative Remedies. Our failure to insist upon strict performance of any provision of
this Agreement is not a waiver of any of our rights under this
Agreement. All of our remedies under
this Agreement, at Law or in equity, are cumulative and nonexclusive.
Severability.
If any portion of this Agreement is held to be unenforceable, the
unenforceable portion must be construed as nearly as possible to
reflect our original intent, the remaining portions
remain in full force and effect, and the unenforceable portion remains
enforceable in all other contexts and jurisdictions.