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Jobaline Privacy Policy

Jobaline Inc. has created this Privacy Policy in order to disclose its use of personal data collected about you through the Jobaline website. This Privacy Policy is effective as of March 1, 2013. You may contact Jobaline at PO Box 2787, Kirkland, WA, USA or via our website contact form. The following discloses Jobaline's information gathering, use and dissemination practices for its website.

1. Information Collected and Utilized

Jobaline may collect or receive information about you when you register with the Jobaline website or submit information, including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, interests, messages you send to users, credit card information, billing information, information about third parties such as references or contacts, provided applicant information and any other data included in a submitted profile. Jobaline may collect information on the Jobaline website pages you access and other information you may volunteer, such as survey information, ratings, reviews, questions, and answers. Jobaline may also record actions taken on its websites including, but not limited to, clicks, page views, IP address, and search queries. Jobaline may store this information on its equipment or the equipment of third parties that it has a relationship with for that purpose. Please note that emails, messages sent via your web browser, and other similar means of communication with other users are not encrypted. We strongly advise you not to communicate any confidential information through these means.

2. Uses of Information

Jobaline may use the information we collect or receive from you to try to provide a safe, efficient, and customized experience for you and potential employers and for all legal purposes. The purposes for which Jobaline uses this information are set forth in Paragraphs 2 and 3 of this Privacy Policy. Jobaline uses this information, including but not limited to your interview responses, searches, clicks, applications, messages and postings to provide our services and features to you, to provide your information to employers that may be interested in employing you, to provide employer information to you and to measure and improve those services and features, and to provide you with customer support. Jobaline reserves the right to charge third parties a fee for accessing your information as part of Jobaline’s services. We may also use the information to prevent potentially illegal activities and activities that are detrimental to you or other users. We may investigate and disclose information from or about you or your use of Jobaline if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the use of Jobaline; or (c) protects our rights, reputation, property, safety, or that of the public. We may use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users. We may use other companies to perform services necessary to our operations. In the course of providing these services, those companies may have access to your personal information. By contractual agreement, those companies must treat your information in accordance with this Privacy Policy. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of your personal information by these companies. Jobaline may use your IP address to help diagnose problems with Jobaline's service and to administer Jobaline's site. Your IP address may also be used to help identify you, your location, and your online profile and to gather broad demographic information (such as country of origin). Jobaline may maintain (as permitted by applicable law) your data following your termination of your relationship with Jobaline. Jobaline may delete your user data as permitted by applicable law. If you provide credit, debit or other payment card and related details to us in order to make a payment, Jobaline will use those details only for the purpose of processing the payment.

3. Contact and Profile Information

Jobaline's site may ask you to give Jobaline contact information (such as your name and email address) and demographic information. You agree that Jobaline may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a 3rd party, through your Jobaline account or through other means made available through your contact information such as email, phone, or postal mail. Jobaline may also use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you information about Jobaline and promotional material from some of Jobaline's partners. Jobaline may use demographic and/or profile data to tailor your experience on Jobaline's site, show you content that Jobaline thinks you may be interested in, and display content according to your preferences. Your personal information gets placed on the Jobaline website when you establish a profile or log-in to the Jobaline website. To the extent you provide Jobaline any information, and subject to your Privacy Settings, Jobaline may make your contact and other personal information available to third parties who may be interested in you as an employee, search engines, or to the general public by posting your personal information on the Internet. This may be crawled by, and displayed through, search engines when someone searches for your name. This means that third parties can view the personal information and you may receive unsolicited contact from parties unaffiliated with Jobaline and for whom Jobaline has no responsibility. You may opt-out of this feature by editing your Privacy Settings; however, Jobaline does not warrant how often third-party search engines will update their caches, which may contain old public resume information. Jobaline reserves the right to charge third parties a fee for accessing your information as part of Jobaline’s services.

We supply technology, hosting, hiring management and related services to other leading companies to power recruitment areas on their Web sites (sometimes referred to as “Hosted Job Sites”). Personal and/or demographic information supplied by you in Hosted Job Sites becomes part of the Jobaline database, but it is not accessible by anyone other than you, Jobaline, and the company concerned without your consent. If you attempt to register with Jobaline after registering with a Hosted Job Site, Jobaline will recognize your information and you will be able to use the information you provided to the Hosted Job Site in your account registration.

Both Jobaline and the other company may retain information gathered on a page in a Hosted Job Site area or on a co-branded page. In that instance, the use of such information by the other company will be subject to the privacy policy of that company and Jobaline is not responsible for that company's use of your personal or demographic information.

If you apply for a position through a Hosted Job Site or a co-branded site, you may be asked to provide information on your age, gender or race where permitted by law. You should understand that, if provided, this information should only be used by employers in accordance with applicable law. However, Jobaline is not responsible for the actions of such employers. Jobaline will keep all such information provided separate from your expression of interest in any job opportunity. Providing this information is strictly voluntary and you will not be subject to any adverse action or treatment from Jobaline if you choose not to provide this information.

If you apply for a position on Jobaline through a Hosted Job Site, you may be asked to provide information on your gender, race, or other protected status, or for a government identity number where permitted by applicable law. Some employers are required by law to gather this information from job applicants for reporting and record-keeping requirements. You should understand that if provided, this information may only be used by employers only in accordance with applicable law and they should not use it in making any negative employment decisions. All information provided will be kept separate from your expression of interest in any job opportunity. Providing this information is subject to local law.

4. Consent

Jobaline offers any user the choice to utilize the Jobaline website. If you create a profile on or apply to a job through or otherwise use the Jobaline website, you are specifically consenting to the use of any personal information you have provided to Jobaline as set forth herein and in the Terms of Service.

5. Security

Jobaline uses industry-standard technologies when transferring and receiving consumer data exchanged between Jobaline and other companies to help ensure its security. This site has security measures in place to protect the loss, misuse and alteration of the information under Jobaline's control.

6. Cookies

"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Jobaline's site uses cookies to keep track of your session and advertising delivery. Jobaline may also use cookies to deliver content specific to your interests and to save your password. Several types of cookies are used on our websites, please see our cookie policy for further information. Most browsers can be set so that you are informed when a Cookie is used and to enable you to refuse Cookies. Please be aware that if you refuse a Cookie it may preclude you from using, or may otherwise restrict the functionality of, the Jobaline site or certain areas or features of the site.

7. Links

Jobaline may create links to other websites. When you click on links on Jobaline you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

8. Amendments

Jobaline may amend this policy at any time. If Jobaline is going to use personally identifiable information collected through Jobaline's site in a manner materially different from that stated at the time of collection Jobaline will notify users via email and/or by posting a notice on Jobaline's website for 30 days prior to such use.

9. Assignment

If there is a change of ownership or control in Jobaline’s business (whether by merger, sale, or otherwise) or if there is an asset sale, the user information, including your personal information, could be disclosed as part of such a process and / or sold as part of that transaction and your personally identifying information potentially could be used by the purchaser. However, if that business materially changes this statement or the information-handling practices as described in this Privacy Policy, you will be notified by email and/or through a notice posted on the website, and you may opt-out of the use of your existing information in a new manner. This Privacy Policy inures to the benefit of any successors or assigns of Jobaline or the assets of Jobaline.

10. Safe Harbor

Jobaline complies with the US-EU Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Jobaline has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/. By using the Jobaline website, you give your express consent to the transfer of your personal data to the United States and the processing of such data in the United States in accordance with this Privacy Policy. In compliance with the US-EU Safe Harbor Principles, Jobaline commits to resolve complaints about your privacy and our collection or use of your personal information.

Jobaline has further committed to refer unresolved privacy complaints under the US-EU Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Jobaline, please visit the BBB EU SAFE HARBOR website for more information and to file a complaint.

11. European Union citizens have a right of access to their data.

If you wish to access such data, please send a certified letter to the above address with a copy of your passport or national identity card (for identity verification purposes) and the same will be provided to you. There may be a charge for such a request (which will not be higher than applicable law permits). European Union citizens also have a right, if their personal data is inaccurate, of rectification, erasure or blocking of such inaccurate personal data. You may edit your resume free of charge (if there is an inaccuracy or otherwise), by following procedures set forth on the Jobaline website. If your personal data is inaccurate, you may alternatively request Jobaline to rectify, erase or block the data by sending a certified letter, with a copy of your passport or national identity card (for identity verification purposes), to the above address with the exact nature of the requested action.

12. Contacts

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this website, you can contact us by email at info@jobaline.com or by writing to us at PO Box 2787, Kirkland, WA 98083.

Jobaline Terms of Service

You agree that by utilizing the Jobaline website you are entering into a legally binding agreement with Jobaline Inc., PO Box 2787, Kirkland WA, USA, based on the terms of this Jobaline Terms of Service, Jobaline Cookies Policy and the Jobaline Privacy Policy (as they may be amended from time to time), (collectively referred to as the “Agreement”).

Job Content

The jobs contained in Jobaline's search results, or linked from those results, may have been created by people over whom Jobaline exercises no control. Jobaline's job search results are indexed in an automated manner and Jobaline does not screen the jobs. Jobaline assumes no responsibility for the content of any job listing or website that is either included in Jobaline's search results or linked to by Jobaline.com.

Use of Jobaline

Jobaline's services are for your personal, non-commercial use only. If you wish to make commercial use of Jobaline, you must enter into an agreement with Jobaline to do so in advance. Please contact us for more information. Ownership and Rights to Use Materials

If you post content or submit material, you grant Jobaline a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant Jobaline, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You agree not to impersonate any person or communicate under a false name or a name you are not entitled or authorized to use. You will defend and indemnify Jobaline and its affiliates from any claims resulting from any content or materials you provide hereunder.

At your discretion, you may provide feedback to Jobaline concerning the functionality and performance of the Jobaline service or site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grant Jobaline a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that Jobaline may disclose that Feedback to any third party in any manner and you agree that Jobaline has the ability to sublicense all Feedback in any form to any third party without restriction.

You agree not to access (or attempt to access) any of the services or site by any means other than through the interface that is provided by Jobaline, unless you have been specifically allowed to do so in a separate agreement with Jobaline. You agree that you will not engage in any activity that interferes with or disrupts the services or site (or the servers and networks which are connected to the services or site). Unless you have been specifically permitted to do so in a separate agreement with Jobaline, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services or site for any purpose. You agree that you are solely responsible for (and that Jobaline has no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which Jobaline may suffer) of any such breach.

Jobaline reserves the right to use the content of messages sent through Jobaline to prevent potentially illegal activities and activities that are detrimental to other users. Jobaline reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.

Registration

Some areas of the Jobaline service require you to register. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Site to any third party.

We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.

Examples and Violations

In addition to (and/or as some examples of) the violations described in the Terms of Service, users may not:

  1. Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to
    1. sending messages in violation of the CAN-SPAM Act or any other applicable anti-spam law
    2. imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
    3. data mining any Jobaline property to find contact information
    4. sending messages to users who have asked not to be contacted
    5. selling, exchanging or distributing to a third party the contact information of any person without such person's knowing and continued consent to such disclosure
  2. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  3. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
  4. Conduct or forward pyramid schemes and the like
  5. Transmit content that may be harmful to minors
  6. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
  7. Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission
  8. Use Jobaline to violate the legal rights (such as rights of privacy and publicity) of others
  9. Promote or encourage illegal activity
  10. Interfere with other Jobaline users' enjoyment of the Service
  11. Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
  12. Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Jobaline account
  13. Modify, adapt, translate, or reverse engineer any portion of the Jobaline Service
  14. Remove any copyright, trademark or other proprietary rights notices contained in or on the Jobaline Service
  15. Reformat or frame any portion of the web pages that are part of the Jobaline Service without Jobaline's explicit permission
  16. Contact other Jobaline users about multi-level marketing (MLM) programs, jobs that require payment to start, and any topics Jobaline considers detrimental to its users
  17. Create multiple Jobaline accounts without permission
  18. Bypass any limitations or suspensions of functionality
  19. Provide false information in the course of using Jobaline

Additional Terms Applicable to Employers.

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 Jobaline Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Jobaline of any unauthorized use of Your employer account, Profile, or passwords.

Employers are solely responsible for their postings on Jobaline Sites. Jobaline is not to be considered to be an employer with respect to Your use of any Jobaline Site and Jobaline shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Jobaline Site

You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Jobaline, including saved applicant profile and interview responses, network contacts, and email mailing lists, will be marked as disabled in and may or may not be deleted from Jobaline's databases. Information may continue to be available for some period of time because of delays in propagating such disablement through Jobaline’s web servers.

Job postings

A Job posting may not contain:

  1. (a) any hyperlinks, other than those specifically authorized by Jobaline;
  2. (b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Jobaline’s reasonable discretion;
  3. (c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Jobaline;
  4. (d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
  5. (e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
  6. (f) inaccurate, false, or misleading information; and
  7. (g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.

You may not use Your Jobaline job posting to:

  1. (a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
  2. (b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
  3. (c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
  4. (d) post jobs or other advertisements for competitors of Jobaline or post jobs or other content that contains links to any site competitive with Jobaline;
  5. (e) sell, promote or advertise products or services;
  6. (f) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
  7. (g) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
  8. (h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
  9. (i) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
  10. (j) post jobs on any Jobaline Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
  11. (k) advertise sexual services or seek employees for jobs of a sexual nature;
  12. (l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
  13. (m) endorse a particular political party, political agenda, political position or issue;
  14. (n) promote a particular religion;
  15. (o) post jobs located in countries subject to economic sanctions of the United States Government; and
  16. (p) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offenses or proceedings or (vii) age.

Jobaline reserves the right to remove any job posting or content from any Jobaline Site, which in the reasonable exercise of Jobaline’s discretion, does not comply with the above Terms, or if any content is posted that Jobaline believes is not in the best interest of Jobaline.

If at any time during Your use of the Jobaline Services, You made a misrepresentation of fact to Jobaline or otherwise misled Jobaline in regards to the nature of Your business activities, Jobaline will have grounds to terminate Your use of the Jobaline Services.

You shall be charged based on the amount indicated by Jobaline pricing schedules. You shall pay all charges in US dollars. Charges are exclusive of taxes. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Jobaline incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Refunds (if any) are at the discretion of Jobaline and only in the form of credit for Jobaline services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Jobaline may be shared by Jobaline with companies who work on Jobaline's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Jobaline and servicing your account. Jobaline may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Jobaline shall not be liable for any use or disclosure of such information by such third parties.

Additional terms applicable to Job Applicants

When You register with any Jobaline Site, You will be asked to create an account and provide Jobaline with certain information including, without limitation, a valid email address (Your "Information").

Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.

You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Jobaline Sites.

Jobaline reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by Jobaline or by third parties. Please see Jobaline's Privacy Policy, for further details regarding Your Information.

You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Jobaline account or Your Jobaline account is terminated, all Your account information from Jobaline, including applicant information, Profiles, saved jobs, interview questionaires will be marked as disabled in and may or may not be deleted from Jobaline's databases and will be removed from any public area of the Jobaline Sites. Information may continue to be available for some period of time because of delays in propagating such disablement through Jobaline’s web servers. In addition, third parties may retain saved copies of Your Information.

Jobaline reserves the right to disable Your account and all of Your Information after a significant duration of inactivity.

Change In Service and Terms

Jobaline may modify or terminate the Jobaline services from time to time, for any reason, and without notice. Jobaline reserves the right to modify these Terms of Service from time to time without notice so check back often to review these Terms of Service.

Disclaimer of Warranties

Jobaline disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Jobaline results or posted on the Jobaline website by Jobaline or third parties. Jobaline disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Jobaline disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Jobaline site or on other sites on the Internet accessed through Jobaline.

THE JOBALINE SERVICES AND SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE JOBALINE SERVICES AND SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. JOBALINE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOBALINE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE JOBALINE SERVICES. JOBALINE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE JOBALINE SERVICES. JOBALINE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOBALINE SERVICES OR SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY JOBALINE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE JOBALINE SERVICES OR SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL JOBALINE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE JOBALINE SERVICES OR SITE, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SERVICE OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF JOBALINE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE JOBALINE SERVICES OR SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE JOBALINE SITE, FROM INABILITY TO USE THE JOBALINE SERVICES OR SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE JOBALINE SERVICES OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOBALINE SERVICES OR SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOBALINE SERVICES OR SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE JOBALINE SERVICES OR SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE JOBALINE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Jobaline or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Jobaline infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);
  3. (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Jobaline to locate the material on the site;
  4. (d) the name, address, telephone number, and email address (if available) of the complaining party;
  5. (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Jobaline a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Jobaline Copyright Notice, PO Box 2787, Kirkland, WA 98083 (copyright @ Jobaline.com). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Miscellaneous

These Terms of Service will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any action arising out of these Terms of Service shall be brought in the state or federal courts located in Seattle, Washington and you hereby agree to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Jobaline.

By using this site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Jobaline’s proprietary rights in them.

Jobaline reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the service or site other than your content. Any use of materials or descriptions; any derivative use of this site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the site or any materials contained therein.

The site may contain links to other sites on the Internet, which are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Jobaline is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.

You shall not transmit to Jobaline or upload as part of the service or site any Harmful Code or use or misappropriate the data on this service or site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that:

  1. (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to
    1. (i) exceeding a number of copies,
    2. (ii) exceeding a number of users,
    3. (iii) passage of a period of time,
    4. (iv) advancement to a particular date or other numeral, or
    5. (v) use of a certain feature; or
  2. (b) would enable an unauthorized person to cause such result; or
  3. (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

Change of Address

If you change your billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be under contract with the same Jobaline party for the remainder of the month in which you made the change. At the next month, your contract will be with the Jobaline party identified in the first paragraph of these Terms of Service.