Terms of Service
This page states the Terms and Conditions of Service and Use (“Terms”) under which you (“You”) may use the JobShouts site and the JobShouts services as described herein. Please read these carefully.
If you do not accept the Terms and Conditions stated here, do not use JobShouts.com or its services. By using any of the services found at www.JobShouts.com, you are indicating Your acceptance to be bound by these Terms and Conditions. JobShouts, Inc. (“JobShouts”) reserves the right to revise these Terms and Conditions at any time at its sole discretion by posting an updated version to this Web page. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User”, as used herein, refer to all individuals and/or entities who are accessing this web site for any reason. Users who violate these Terms may have their access and use of the JobShouts site suspended or terminated, at JobShouts’ sole discretion.
JobShouts Content and Use Thereof, Restrictions.
JobShouts authorizes You, Your personnel and personnel of Your affiliates and related entities (“users”) to view and download a single copy of the material on JobShouts.com solely for Your personal, noncommercial use. The contents and layout of this web site, such as the “look” and “feel” of the Web Site, text, graphics, images, logos, button icons, software and other “Material”, are protected under both United States and foreign copyright, trademark and other laws. As between you and JobShouts, all Material is the exclusive property of JobShouts or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of JobShouts and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. You must retain all copyrights, trademarks, service marks, and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
You shall not copy, adapt, decompile, attempt to reverse engineer, or alter the HTML or other code that JobShouts creates to generate its pages, as it is also protected by JobShouts’ copyright.
Violations of system or network security may result in civil and/or criminal liability. JobShouts will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
In order to ensure a safe and effective experience for all of our customers, JobShouts reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in JobShouts’ sole discretion from time to time.
JobShouts, Inc., respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of the JobShouts site, You agree not to use the JobShouts site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any JobShouts site Users, and block access to the JobShouts site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
Specific Prohibited Uses.
The job posting or resume database and other features of the JobShouts site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.
JobShouts does not necessarily monitor any materials posted, transmitted, or communicated to or within the site or from any social sourcing sites or tools. JobShouts acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, JobShouts may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the JobShouts site. JobShouts reserves the right to expel Users and prevent their further access to the JobShouts site and/or use of the JobShouts Services for violating the Terms or applicable laws, rules or regulations. JobShouts may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for JobShouts, damage JobShouts’ brand or public image, or cause JobShouts to lose (in whole or in part) the services of its ISPs or other suppliers.
JobShouts does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content and conduct that is prohibited on the JobShouts site. The list below is for illustration only and is not a complete list of all prohibited User Content. In connection with Your use of the web site, you will not:
• Post, transmit, distribute, store, upload, or destroy material knowingly (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
• Post or transmit any message, information, data, text, software or images, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, or obscene, tortious otherwise objectionable or that may invade another’s right of privacy or publicity.
• Impersonate any person or entity, including without limitation a JobShouts employee or agent, an authorized user of JobShouts’ services, a candidate, placement specialist or an employer, or otherwise misrepresent Your affiliation with any person or entity.
• Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the resume of an individual other than Yourself).
• Delete or modify any material posted by any other person or entity not related to you.
• You may not use any device, software, or routine to mechanically “scrub”, “spider”, “scrape” or otherwise extract data posted to JobShouts. This includes but is not limited to: resume data extraction programs, and job extraction data programs. Such use of any program may result in the termination of user account, with no refund of any fees, and may subject user to any or all legal action at our disposal.
• Printing out or otherwise copying or using any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by Your company, in the case of an employer, or for presentation to a client in the case of a search firm is strictly prohibited.
• Communicate, send, or place unsolicited e-mail (SPAM), telephone calls, mailings or other contacts to posting individuals and entities. Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register. JobShouts does not tolerate unsolicited commercial email (SPAM). JobShouts users involved in such activity will have their accounts suspended, with no refund of fees and JobShouts will take any and all legal action at their disposal.
• Knowingly violate or attempt to violate the security of the Web Site, including, without limitation knowingly: accessing data not intended for such user or logging into a server or account that the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, “flooding”, “spamming”, “mail bombing” or “crashing”; sending unsolicited advertising, promotional materials, e-mail, “junk mail”, “chain letters”, or any other form of solicitation; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. JobShouts will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
• Knowingly take any action that imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure.
• Except as permitted hereunder, aggregate, copy or duplicate in any manner any of the materials or information available from the Web Site, with out prior written consent.
It is also a violation of the Terms, to include in any User Content submitted to JobShouts information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, JobShouts may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. JobShouts has no liability or responsibility to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome Your comments regarding our services and the JobShouts Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of JobShouts. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. JobShouts shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
Registration and Password.
You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Your JobShouts site registrations and passwords, whether or not authorized by You. You agree to immediately notify JobShouts of any unauthorized use of Your employer account, Profile, passwords or passwords, as the case may be.
JobShouts is only a venue. The web site acts as a venue for (i) companies to post job opportunities, (ii) to use social sourcing sites and social sourcing utilities to liaison between employers and employees, and (iii) for candidates to post their own resumes for the purpose of evaluating job opportunities for themselves. JobShouts does not screen or censor profiles or other information from any source, either submitted by employers, employees, or social sourcing. JobShouts is not involved in the actual transaction between Member Companies and / or companies and candidates. As a result, JobShouts has no control over the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings or information obtained from social sourcing tools or sites, the ability of companies to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. Because user authentication on the Internet is difficult, JobShouts cannot, and does not, confirm that each user is who they claim to be. Because JobShouts cannot, and does not, become involved in user-to-user dealings or control the behavior of participants on JobShouts, in the event that you have a dispute with one or more users, you release JobShouts (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You acknowledge that JobShouts does not control, and is not under any legal obligation to control the information that is made available through the JobShouts web site, via any social sourcing sites or utilities, or is provided by other users. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this web site.
The Material may contain inaccuracies or typographical errors. JobShouts makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the web site and the Material is at Your own risk. Changes are periodically made to the web site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job posting or other material contained therein placed by you or Your agents on the web site. Companies are solely responsible for their postings on the web site.
JobShouts does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user. JobShouts is not to be considered to be an employer with respect to Your use of the web site and JobShouts shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs or candidate profiles on the Web Site.
Because User authentication on the Internet is difficult, JobShouts cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any JobShouts Site, in the event that You have a dispute with one or more Users, You release JobShouts (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Disclaimer of Warranty, Consequential Damages, and Limitation of Liability.
IN NO EVENT SHALL JOBSHOUTS OR ANY OF ITS SUBSIDIARIES OR PARENTS BE LIABLE TO ANY USER OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABLITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
JOBSHOUTS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JOBSHOUTS IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JOBSHOUTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT. JOBSHOUTS ALSO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THE SITE.
Links to Other Sites.
The JobShouts site may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by JobShouts of the contents on such third-party web sites. JobShouts is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If You decide to access linked third-party web sites, You do so at Your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any JobShouts Site.
You agree to defend, indemnify, and hold harmless JobShouts, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any JobShouts Site, (ii) Your use of any JobShouts Content, or (iii) Your breach of the terms of these Terms. JobShouts shall provide notice to You promptly of any such claim, suit, or proceeding.
JobShouts makes no claims that the JobShouts Content may be lawfully viewed or accessed outside of the United States. Access to the JobShouts Content may not be legal by certain persons or in certain countries. If You access JobShouts.com or any other U.S. based JobShouts site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. These Terms are governed by the substantive laws of the State of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Tampa, Florida. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, JobShouts’ failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect JobShouts’ ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the JobShouts site, a particular “Legal Notice,” or software license or material on particular JobShouts site pages, these Terms constitute the entire agreement between You and JobShouts with respect to the use of the JobShouts site. No changes to these Terms shall be made except by a revised posting on this page.
Term and Termination.
These Terms will remain in full force and effect while You are a User of the JobShouts site at any level. JobShouts reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the JobShouts site and immediate termination of Your registration with or ability to access the JobShouts site and/or any other services provided to You by JobShouts, upon any breach by You of these Terms or if JobShouts is unable to verify or authenticate any information You submit to JobShouts.com or pursuant to other JobShouts site registration. Even after You are no longer a User of the JobShouts site, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8 through 17, inclusive.
These Terms constitute a binding agreement between You and JobShouts, and is accepted by You upon Your use of the JobShouts.com web site.