Hamilton FoundLocally's Terms of Service
Here is the Statement of our Terms Of Service.
WHAT WE DO
1. ACCEPTANCE OF TERMS
Welcome to FoundLocally.com. The FoundLocally family of services appearing on the Web site located at www.FoundLocally.com (the "Site") includes Business Listings, Events Listings, Jobs Listings, Resumes Listings, Logo & Link advertising, various Searches and other services offered on the Site (the "Service"). The Site is used by companies, not-profits organizations, government departments and agencies ("Businesses") seeking to promote themselves, their events, their job openings, and seeking employees and information on prospective employees, and by individuals seeking employment and career information, as well as information about the community they are living in or planning to visit ("Individuals"). The Service is offered to you subject to the following Terms of Service. By accessing or using the Site you agree to these Terms of Service. If you do not agree to these Terms of Service you should discontinue your use of the Service immediately.
2. CHANGES TO TERMS OF SERVICE
3. DESCRIPTION OF SERVICES
FoundLocally.com agrees to provide services and tools to help job-seekers and recruiters. We also provide content in the form of articles, graphics, maps, photos, links, news and information, and other materials posted to the Site. We provide our services and tools on an "as is" basis and will not be held responsible for any inaccuracies in information. You alone must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of any information on the Site. FoundLocally.com is not responsible for the quality of resumés posted to our database or for the sincerity of job vacancies advertised on the Site.
>WHAT YOU DO
5. REGISTRANTS' OBLIGATIONS
You agree to supply FoundLocally.com with accurate, up-to-date and complete information when required. You agree to update this information as needed. FoundLocally.com has the right to terminate your registration if we believe you have provided false documentation or if your account has remained unused for an extended period of time. You agree not to delete or revise any material posted by any other user or entity. You agree not to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity.
6. USERNAME AND PASSWORD
You must supply a username and password to gain access to some FoundLocally.com services and tools. You retain the responsibility for keeping this information confidential. You also retain the responsibility for any and all actions that take place using your account. You agree to (a) immediately notify FoundLocally.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FoundLocally.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. USER CONDUCT
The Service is to be used only for lawful purposes by Businesses and Individuals. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not FoundLocally.com, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. FoundLocally.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FoundLocally.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise transmit any Content that:
(a) is unlawful, defamatory, obscene, invasive of another's privacy, hateful, could constitute a criminal offence, give rise to civil liability, or is otherwise objectionable; (b) constitutes a solicitation of business from employers or recruiters who use the service; (c) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information ); (d) is in anyway related to a franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, requires recruitment of other members, sub-distributors or sub-agents. (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or (f) interferes with or disrupts the Service or servers or networks connected to the Service.
FoundLocally.com and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable.
You acknowledge and agree that FoundLocally.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FoundLocally.com, its users and the public.
You agree to indemnify and hold FoundLocally.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FoundLocally.com may establish general practices and limits concerning use of the Service. You agree that FoundLocally.com has no responsibility or liability for the deletion or failure to store any documents or other Content maintained or transmitted by the Service. You acknowledge that FoundLocally.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FoundLocally.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
FoundLocally.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FoundLocally.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that FoundLocally.com, in its sole discretion, may 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 FoundLocally.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. FoundLocally.com 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 FoundLocally.com 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 FoundLocally.com shall not be liable to you or any third-party for any termination of your access to the Service.
13. FOUNDLOCALLY.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service, including any files or images generated by such software, code and data accompanying such software ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The Software is licensed to you on a limited, non-exclusive, non-transferable, royalty-free basis for use on the Service and only for the purposes stated on the Service. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FoundLocally.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
FoundLocally.com reserves all rights to any of FoundLocally.com's services, methods and processes that may be covered by one ore more patents or other intellectual property rights granted by statute or subject to trade secret or proprietary rights.
SPECIFIC LEGAL LIMITATIONS ("the small print")
14. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOUNDLOCALLY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) FOUNDLOCALLY.COM DOES NOT SCREEN OR CENSOR ANY POSTINGS TO THE SITE, INCLUDING BUT NOT LIMITED TO EMPLOYER JOB POSTINGS OR RESUME POSTINGS. FOUNDLOCALLY.COM MAKES NO WARRANTY REGARDING THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF COMMUNICATIONS POSTED BY USERS.
(c) FOUNDLOCALLY.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOUNDLOCALLY.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOUNDLOCALLY.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FOUNDLOCALLY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. DISCLAIMER REGARDING THIRD PARTY CONTENT AND LINKS
FoundLocally.com contains links to third party Web sites. These linked Web sites are not necessarily under the control of FoundLocally.com These links are provided only as a convenience to you and not as an endorsement by FoundLocally.com of the contents of such third party Web site. FoundLocally.com does not make any representations regarding the accuracy of materials on such third party Web sites. If you access third party Web sites you do so at your own risk and it is your responsibility, not the responsibility of FoundLocally.com, to take any and all appropriate protective measures before linking to these third party Web sites.
FoundLocally.com, the FoundLocally.com logo, trademarks and service marks, and other FoundLocally.com logos, marks and product and service names are trademarks of FoundLocally.com (the "FoundLocally.com Marks"). Without FoundLocally.com's prior permission, you agree not to display or use in any manner, the FoundLocally.com Marks. Other company names, logos and marks appearing on FoundLocally.com may be trademarks of their respective owners.