1.0
Overview
This Web site (the “Site”) is owned by Domestic Placement Network, LLC dba EstateJobs, and the online content and services available on the Site (the “EstateJobs Content”) is made available on the following terms and conditions of service (the “Terms”). By using the Site you accept these Terms. EstateJobs may revise these Terms at any time by updating this posting. Your use of the Site, or any service on the Site, after posting of modification to the Terms, will constitute your acceptance of the Terms as modified. This Site is for informational purposes only. EstateJobs expressly disclaims all liability with respect to actions taken based upon any or all of the information on the Site.
2.0
User Assent to Terms and Conditions of Service
In using the Site, you represent and agree that you have read and agree to be bound by the Terms and shall: (i) comply with U.S. law regarding the transmission of any data obtained from the Site in accordance with the Terms; (ii) not use the Site for illegal purposes, (iii) not use the Site or any EstateJobs Content for any commercial purposes (as defined in Section 9); and (iv) not interfere with or disrupt networks connected to the Site.
3.0
Privacy Policy/Data Protection
Your privacy is important to us. EstateJobs’ use of personal information supplied by you when using this Site is governed by our privacy policy.
4.0
Payment for Service
All amounts billed are for having the service available for use and are not contingent upon actual use of the service or results therefrom. Amounts paid are non-refundable. EstateJobs is free of charge for job seekers.
5.0
Availability of Service
EstateJobs uses reasonable endeavors to ensure that its services are available. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of EstateJobs. Every reasonable step will be taken by EstateJobs to minimize such disruption where it is within the reasonable control of EstateJobs.
6.0
Rules for the Site
You are entirely responsible for all information you post to the Site. EstateJobs specifically prohibits any use of the Site for any of the following activities:
6.1
Posting any incomplete, false or inaccurate information which is not your own accurate resume;
6.2
Posting any franchise, pyramid scheme, “club membership,” or other business opportunity;
6.3
Deleting or revising any material posted by any other person or entity;
6.4
Disclosing or sharing your password with any third parties;
6.5
Posting material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
6.6
Posting material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to anyone, or posting a sexually-explicit image or statement;
6.7
Posting more than one job per “position title” sought for each location (“Batch posting”);
6.8
Posting material that contains viruses, or anything that are intended to damage EstateJobs’ systems, data or information;
6.9
Posting information that is not strictly for job or resume posting purposes; or to solicit any other transaction with users of the Site.
7.0
Content Monitoring
As a matter of policy, EstateJobs does not prescreen or monitor communications in advance and is not responsible for screening and monitoring material posted by users. EstateJobs has the right, but not the responsibility, to remove any information or dialog it deems in its sole discretion to be harmful, offensive, or otherwise in violation with any rules EstateJobs has in place at the time.
8.0
Access and Use
You may for your personal, non-commercial use:
8.1
retrieve and display EstateJobs Content on any compatible device;
8.2
print a single copy of individual resumes or job listings on paper (but not photocopy them); and
8.3
store such resumes or job listings in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network).
You may also on an occasional and infrequent basis email selected resumes or job listings appearing on the Site to a maximum of ten individuals, provided you do not use this function for the purpose of either creating a “paid for” service or regular information dissemination within an organization.
9.0
Restrictions on Use
You may not use the Site for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Site solely for the noncommercial use and benefit of yourself or your own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree to comply with any other applicable terms and conditions of service set forth on the Site. Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works from, store, archive, publicly display or in any way commercially exploit any of the EstateJobs Content. Without limitation, you may not do any of the following without prior written permission from EstateJobs (and may not allow a third party to do any of the same):
- Search and retrieve information from EstateJobs’ computer systems using automatic querying, harvesting, crawling, scraping or any similar program;
- Copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the site, except that you may download material from the site and/or make print copies for personal use, provided that all copies retain all copyright and other proprietary notices;
- Modify the Site’s content;
- Offer any part of the Site for sale or distribute it over any other medium, including, but not limited to a computer network or hyperlink framing on the Internet;
- Use any names or marks included on the site in any manner that creates the impression such names or marks belong to or are associated with you or imply any endorsement;
- Redistribute any of EstateJobs’ Content, including through any content aggregation, library, archive or similar service;
- Remove the copyright or trademark notice from any copies of EstateJobs’ Content made under these terms and conditions;
- Create a database in electronic or structured manual form by systematically and/or regularly downloading/printing and storing all or any of the EstateJobs Content;
- Deep link to, frame, spider, harvest or scrape the EstateJobs Content or otherwise access the EstateJobs Content for similar purposes; or
- Use any machine, electronic, web based or similar devise to read or extract the EstateJobs Content by automated or machine based means.
PLEASE NOTE THAT, IN ADDITION AND WITHOUT PREJUDICE TO THE RIGHTS OF ESTATEJOBS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THE SITE.
10.0
Rights Reserved
All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, including rights in and to all applications and registrations appearing on or relating to the Site (the “IP Rights”), shall, as between you and EstateJobs, at all times be and remain the sole and exclusive property of EstateJobs.
11.0
Feedback Submissions
We welcome your feedback, but be advised that our policy does not permit us to accept submissions other than those which we have specifically requested. If, despite our request, you send us submissions, the submission shall be the property of the EstateJobs.
12.0
Intellectual Property
You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by EstateJobs through the application of methods and standards of judgment requiring substantial time, effort and money and constitutes valuable intellectual property of EstateJobs. The Site, including but not limited to text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. All individual elements making up the Site are copyrighted works and the Site is protected as a collective work or compilation under U.S. copyright and other laws and treaties. You acknowledge that you have no ownership rights in or to any proprietary rights and agree to abide by all applicable copyright and other laws in regard to the contents of the Site.
13.0
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. You are responsible for maintaining the confidentiality of your user ID and password.
14.0
License
By accessing the Site, you acquire no rights or licenses in or to the Site or materials (the “Content”) contained therein other than the limited right to utilize the Content on the Site in accordance with the Terms. If you submit material to the Site, you grant EstateJobs a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicense-able right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, copy, and display the Content throughout the world in any format.
15.0
Disclaimer of Warranty and Limitation of Liability
15.1
You agree that your use of the Site is at your sole risk and acknowledge that the Site and anything contained therein, are provided “AS IS” and that EstateJobs excludes all warranties, express or implied relating to the Site. This includes, but is not limited to, any implied warranty that the information it contains is accurate or up-to-date or is suitable for any particular purpose. EstateJobs shall not be liable for any loss or damage suffered as the result of the use of this Site.
15.2
Your use of assistance given by our staff shall be solely at your own risk.
15.3
EstateJobs is only a venue and does not screen or censor the listings offered, and has no control over the jobs or resumes posted, the truth or accuracy of the listings.
15.4
EstateJobs does not confirm that each user is who he or she claims to be.
15.5
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume placed by you on the Site and agree that the specific employers that post job openings, not EstateJobs, are solely responsible for their postings on the Site.
15.6
EstateJobs does not warrant that the Site will operate error-free.
15.7
In no event shall EstateJobs be liable for any damages resulting from the use or inability to use the Site.
15.8
EstateJobs does not represent or guarantee the truthfulness, accuracy, or reliability of postings by users or endorse any opinions expressed by users.
16.0
Indemnification
You expressly agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns from and against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities and expenses (including, but not limited to, court costs, reasonable attorney, paralegal and expert witness fees) arising in connection with the breach of the Agreement, your use of the Web Site or the breach of any third party intellectual property rights, regardless of the sole and/or comparative negligence or other fault or responsibility of the Company or its officers, directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns. Such indemnity shall continue in full force and effect notwithstanding the termination of the Agreement or your discontinuance of use of the Web Site.
17.0
Termination
17.1
You agree that EstateJobs, in its sole discretion, may immediately terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if EstateJobs believes that you have violated or acted inconsistently with the letter or spirit of the Terms. EstateJobs may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that EstateJobs may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EstateJobs shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination, you must promptly destroy all materials obtained from the Site and any copies thereof.
17.2
You may terminate this Agreement by discontinuing use of the Site and destroying all materials obtained from the Site.
18.0
Links to Other Sites
EstateJobs 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.
19.0
NO USERS UNDER 16 YEARS OF AGE
THE SITE IS NOT DESIGNED TO BE USED BY CHILDREN UNDER SIXTEEN (16) YEARS OF AGE. BY SUBMITTING ANY PERSONAL INFORMATION, YOU REPRESENT, WARRANT AND COVENANT THAT YOU ARE AT LEAST SIXTEEN (16) YEARS OLD. ANYONE SIXTEEN (16) YEARS OF AGE OR UNDER MAY VISIT THE SITE AS A GUEST, BUT SHOULD UNDER NO CIRCUMSTANCES SUBMIT OR POST TO THE SITE ANY PERSONAL INFORMATION.
20.0
Miscellaneous
20.1
Other areas of this Site are subject to additional terms of use. You agree to be bound by these additional terms of use.
20.2
You acknowledge that EstateJobs has the right to change the content or technical specifications of the Site at any time at EstateJobs’ sole discretion. You further accept that such changes may result in your being unable to access the Site.
20.3
These Terms shall be governed and construed in accordance with the laws of the United States of America and the State of California, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Ventura County, California, with respect to any legal proceedings arising out of this agreement or your use of the Site and waive any objection to the propriety or convenience of venue in such courts.
20.4
Official Correspondence must be sent via postal mail to: EstateJobs, PO Box 1326, Ojai, CA 93024 Attn.: Customer Support