jobtrio.com

Updated 12/30/2008

General Overview
This User Agreement (or "Agreement") is a legal agreement between you and Jobtrio.com ("Jobtrio.com" or "us") governing your participation on the Jobtrio.com site. By using, accessing or registering as a member of Jobtrio.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use Jobtrio.com.

Amendments. We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on Jobtrio.com, which take effect when we post them. By continuing to access or use Jobtrio.com after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

Integrity. Participating merchants and other third parties may pay Jobtrio.com to be presented on Jobtrio.com or to have their product or service offerings placed higher in our search results, and may also purchase research from Jobtrio.com, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.

Other Rules. You agree to comply with Jobtrio.com's Site Rules, which are incorporated into this Agreement, and with all laws and regulations applicable to your access and use of Jobtrio.com and publishing your content. You may not harvest personal data (including email addresses) from Jobtrio.com, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Jobtrio.com has no obligation to monitor your access to or use of Jobtrio.com, but has the right to do so for the purpose of operating Jobtrio.com, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access Jobtrio.com or collect information from it.

Integration. This Agreement, Jobtrio.com's Reviewer Rules and our Privacy Policy, constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

Assignment. You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Jobtrio.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.

General. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Jobtrio.com. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Jobtrio.com.

Regarding Minors
A Note About Minors. Jobtrio.com is not targeted towards, nor intended for use by anyone under the age of 18. By using Jobtrio.com, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for Jobtrio.com. We reserve the right to terminate your membership in the event that Jobtrio.com becomes aware you are under 18.

Membership
Membership. You may become a "Member" of Jobtrio.com, which may grant you additional privileges, by completing the membership registration process. Becoming a Member allows you to post and in-depth profile and/or advertisements on Jobtrio.com. You agree as a condition of use and membership that we may contact you for the purpose of informing you of changes to this Agreement or describing new services available on Jobtrio.com. You are responsible for safeguarding the password that you use to access any secure areas of Jobtrio.com. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Jobtrio.com of any unauthorized use of your password.

Disciplinary Action. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Regarding Liability
General Disclaimer. Jobtrio.com does not warrant that product descriptions, pricing, editorial commentary or any other content of Jobtrio.com, regardless of its source, is accurate, complete, reliable, current or error-free. Jobtrio.com content is provided for informational purposes only and does not constitute an endorsement by Jobtrio.com of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. Jobtrio.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings ( e.g. user merchant rating, user product rating) or other content on Jobtrio.com.

Reviews and Ratings Disclaimer. Consumer reviews and ratings on Jobtrio.com are from our members who have elected to post a review on Jobtrio.com. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.

Indemnity. By choosing to use Jobtrio.com, you agree to indemnify Jobtrio.com, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through Jobtrio.com; or of your use of or connection to Jobtrio.com; your violation of the User Agreement; or, your violation of any rights of another.

Release. Because we are a venue, in the event that you have a dispute with one or more users of Jobtrio.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge Jobtrio.com, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.

Liability Limits. JOBTRIO.COM AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH JOBTRIO.COM AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. OTHER THAN WITH RESPECT TO EROYALTIES, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.

Exceptions. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Dispute Resolution
Governing Law/Arbitration. This Agreement is governed by California law as such laws apply to Agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or Jobtrio.com shall be settled by binding arbitration in Santa Barbara County, California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA §1283.05 and §1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Santa Barbara County, California court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

Legal Notices. Except as explicitly stated otherwise, legal notices shall be served on Jobtrio.com's national registered agent (in the case of Jobtrio.com) or to the email address you provide to Jobtrio.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Alternative Dispute Resolution. If a dispute arises between you and Jobtrio.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Jobtrio.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims. All claims you bring against Jobtrio.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Jobtrio.com may recover attorneys' fees and costs up to $1000, provided that Jobtrio.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Copyrights and Trademarks
Reuse of Jobtrio.com Content. You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to Jobtrio.com, and any other content appearing on Jobtrio.com, will remain the exclusive property of Jobtrio.com and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Jobtrio.com, or any other content appearing on Jobtrio.com. You may not copy or modify the HTML code used to generate web pages on Jobtrio.com. You may not use Jobtrio.com, or any other content appearing on Jobtrio.com, on or in connection with any other website, for any purpose.

Copyrights. All content available on Jobtrio.com, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Jobtrio.com, with all rights reserved, or is the property of Jobtrio.com or third parties protected by intellectual property rights.

Jobtrio.com Trademarks. Jobtrio.com's service marks/trademarks may not be used in connection with any product or service that is not provided by Jobtrio.com, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Jobtrio.com.

Suspected Copyright Infringement Procedure. If you believe content on Jobtrio.com infringes your copyright, you should send notice of copyright infringement to Jobtrio.com's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

1. An identification of the copyrighted work claimed to have been infringed
2. An identification of the material that you claim is infringing so that we may locate it on the site
3. Your address, telephone number and email address
4. 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
5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
6. Your signature

The notice should be mailed to:
Jobtrio.com.
Attn: Copyright Agent
315 Meigs Rd.
Suite A 388
Santa Barbara, CA 93109
U.S.A.

Upon receipt of notice as described above, Jobtrio.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from Jobtrio.com.

Trademarks. Jobtrio.com is not in a position to arbitrate trademark disputes between the advertisers on Jobtrio.com and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, Jobtrio.com does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via Jobtrio.com, and trademark owners should contact third party sites directly to resolve trademark disputes. As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints.

Suspected Trademark Infringement Procedure. If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on Jobtrio.com that is consistent with the foregoing, or you believe that we have improperly used your registered trademark to promote Jobtrio.com on a third party website, please provide the following information in a signed letter on company stationery:

1. Name of Company
2. Contact information (including email address)
3. List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
4. The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
5. If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
6. Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
7. Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
8. Your signature

Please send this written communication with the above information to the following address:
Jobtrio.com
Attn: Trademark Complaints
315 Meigs Rd.
Suite A 388
Santa Barbara, CA 93109
U.S.A.

Upon receipt of notice as described above, Jobtrio.com will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate , including removal of the challenged content from Jobtrio.com. In the event that the challenged content has been provided to Jobtrio.com by a third party and in Jobtrio.com's sole discretion, it concludes that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, Jobtrio.com will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, Jobtrio.com will not remove the content. Notwithstanding the foregoing, Jobtrio.com will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

Content Submission
Content Submission. By contributing or submitting any content to Jobtrio.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Jobtrio.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Jobtrio.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Jobtrio.com reserves the right to change, condense or delete any content on Jobtrio.com that Jobtrio.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references addresses, email addresses, contact information or phone numbers;
• or that contains any computer viruses, worms or other potentially damaging computer programs or files.

In addition, you agree to comply with Jobtrio.com's Site Rules, which are deemed to be incorporated into this Agreement.

Content Ownership. You retain all ownership rights to information, text, graphics, or other materials you publish on Jobtrio.com. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from Jobtrio.com at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes.

Billing and Refunds
Fee Changes. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Jobtrio.com site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Payment Collection. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. In most cases, Jobtrio.com members and advertisers will be billed on a monthly, recurring basis. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your Jobtrio.com account balance, if a balance exists.)

Refunds. Except by way of the dispute resolution proceedings outlined in this agreement, Jobtrio.com does not offer any monetary refunds for fees previously collected from members, or former members, under any circumstances. Jobtrio.com does, however, allow members to discontinue their membership without continued payment obligation at any time, effective at the 1st of the following month.

Account Termination
Termination. You can cancel your account at any time by contacting Customer Support. We can cancel your account, or otherwise refuse service to you, at any time for any reason (including repeat infringement). Following termination of your account for any reason (including inactivity), at their sole option, Jobtrio.com and its licensees may continue or stop publicly displaying some or all of your content.

Jobtrio.com Contact Information

Via Post:
Jobtrio.com.
Customer Service
315 Meigs Rd.
Suite A 388
Santa Barbara, CA 93109
U.S.A.

Via Email:
custserv@jobtrio.com

Read our Reviewer Agreement »