Restoration Jobs LLC Terms of Use
Last Updated: Oct. 18, 2019
This page states the Terms of Use ("Terms") under which you, as an individual or as an agent for an entity you represent ("You"), may use the Restoration Jobs Sites and the Services (each as defined below). These Terms include the Restoration Jobs Privacy Policy (available here), which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and Restoration Jobs LLC (“Restoration Jobs”), and are deemed accepted by You each time that You use or access any Restoration Jobs Site or Restoration Jobs Services. If You do not accept these Terms, do not use the Restoration Jobs Sites and the Restoration Jobs Services.
The “Restoration Jobs Sites” are defined as any websites under Restoration Jobs’ control, whether partial or otherwise (including, without limitation, www.restorationjobs.com and the website from which these Terms were accessed) and include the Restoration Jobs Services. The “Restoration Jobs Services” are defined as the applications and services offered by Restoration Jobs, including an on-line service to post and search employment opportunities and including any application accessed through a social media platform and/or any mobile or other interface that allows You to access such application (collectively, referred to herein as the “Restoration Jobs Services”). The Restoration Jobs Sites may also include on-line communities and communication tools designed to facilitate valuable professional and personal networking among users of the Restoration Jobs Sites (“Users”). The Restoration Jobs Sites also allow Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public. In addition, Restoration Jobs may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.
Restoration Jobs may revise these Terms at any time by posting an updated version to this webpage. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the Restoration Jobs Sites suspended or terminated, at Restoration Jobs’ discretion.
You must be 13 years of age or older to visit or use any Restoration Jobs Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Restoration Jobs Site under the supervision of a parent, legal guardian, or other responsible adult.
You may not use the Restoration Jobs Content or Profiles to determine a consumer's eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) a government license or benefit.
1. Use of Restoration Jobs Sites and Content.
Restoration Jobs authorizes You, subject to these Terms, to access and use the Restoration Jobs Sites and the Restoration Jobs Content (as defined below) and to download and print a single copy of the content available on or from the Restoration Jobs Sites solely for Your personal use and any content or information from the Restoration Jobs Sites shall not be resold for any reason. Restoration Jobs may revoke use at any time for any reason that Restoration Jobs deems not in the best interest of the Restoration Jobs Sites, including any breach by you of these Terms. The contents of the Restoration Jobs Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Restoration Jobs content (collectively, "Restoration Jobs Content"), are protected under copyright, trademark and other laws. All Restoration Jobs Content is the property of Restoration Jobs or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Restoration Jobs Sites is the exclusive property of Restoration Jobs and is protected by copyright, trademark, and other laws. Unauthorized use of the Restoration Jobs Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Restoration Jobs Content on any authorized copy You make of the Restoration Jobs Content.
Any software code that Restoration Jobs creates to generate or display any Restoration Jobs Content or the pages making up any Restoration Jobs Site is also protected by Restoration Jobs’ copyright, and You may not copy or adapt such software code.
You agree not to sell or modify the Restoration Jobs Content or reproduce, display, publicly perform, distribute, or otherwise use the Restoration Jobs Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Restoration Jobs Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Restoration Jobs or its licensors, that dilutes the strength of Restoration Jobs' or its licensor’s property, or that otherwise infringes Restoration Jobs' or its licensor’s intellectual property rights. You further agree to in no other way misuse Restoration Jobs Content. The use of the Restoration Jobs Content on any other application, website or in a networked computer environment for any purpose is prohibited.
To access the password-restricted areas of the Restoration Jobs Sites, you must be a registered User and You must read, agree with, and consent to be bound by all the terms and conditions set forth in these Terms of Use, and the Privacy Policy. You may become a registered User of the Site, by accessing the unique link provided to you upon initiation, for the Site. Without limiting the foregoing, the password-restricted areas of the Site and the registered User services are not available to temporarily or indefinitely suspended Users or to persons under 18 years of age.
You are responsible for maintaining the confidentiality and security of your account, Profile and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. 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 Restoration Jobs Site registrations and passwords, whether or not authorized by YouYou agree to (a) immediately notify Restoration Jobs of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. Restoration Jobs will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
2. Use of the Restoration Jobs Services; Payment.
The job posting, resume database (“Restoration Jobs Resume Database”) and other features of the Restoration Jobs Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, Restoration Jobs Sites and Profiles may be used by individuals for permitted professional and personal networking purposes. Your use of the Restoration Jobs Services is also subject to any other contracts You may have with Restoration Jobs. In the case of any conflict between these Terms and any contract you have with Restoration Jobs, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a Restoration Jobs Site.
All Restoration Jobs Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation Restoration Jobs Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of the Privacy Policy;
(b) take any action that imposes an unreasonable or disproportionately large load on any Restoration Jobs Site's infrastructure;
(c) use any device to navigate or search any Restoration Jobs Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Restoration Jobs;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any Restoration Jobs Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any Restoration Jobs Site;
(h) aggregate, copy or duplicate in any manner any of the Restoration Jobs Content or information available from any Restoration Jobs Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any Restoration Jobs Content or information available from any Restoration Jobs Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) post any resume or Profile or apply for any job on behalf of another party;
(l) share with a third party any login credentials to any Restoration Jobs Site;
(m) access data not intended for You or logging into a server or account which You are not authorized to access;
(n) post or submit to any Restoration Jobs Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(o) post content that contains restricted or password-only access pages, or hidden pages or images;
(p) solicit passwords or personally identifiable information from other Users;
(q) delete or alter any material posted by any other person or entity;
(r) harass, incite harassment or advocate harassment of any group, company, or individual;
(s) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(t) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Restoration Jobs Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(u) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(v) use the Restoration Jobs Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Restoration Jobs’ discretion.
Violations of system or network security may result in civil and/or criminal liability. Restoration Jobs will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on Restoration Jobs Sites. Restoration Jobs is not to be considered to be an employer with respect to Your use of any Restoration Jobs Site and Restoration Jobs shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Restoration Jobs Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Restoration Jobs, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Restoration Jobs’ databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Restoration Jobs’ web servers.
In order to protect our Restoration Jobs Users from commercial advertising or solicitation, Restoration Jobs reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Restoration Jobs deems appropriate in its sole discretion. You shall use the Restoration Jobs Sites and Profiles in accordance with all applicable privacy and data protection laws.
Job postings
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by Restoration Jobs;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Restoration Jobs’ reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Restoration Jobs;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; or
(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 Restoration Jobs job posting, or Profiles to:
(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;
(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;
(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;
(d) with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) a government license of benefit.
(e) post jobs or other advertisements for competitors of Restoration Jobs or post jobs or other content that contains links to any site competitive with Restoration Jobs;
(f) sell, promote or advertise products or services;
(g) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(i) 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;
(j) 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;
(k) post jobs on any Restoration Jobs Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
(l) advertise sexual services or seek employees for jobs of a sexual nature;
(m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(n) endorse a particular political party, political agenda, political position or issue;
(o) promote a particular religion;
(p) post jobs located in countries subject to economic sanctions of the United States Government; or
(q) 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 offences or proceedings or (vii) age.
Restoration Jobs reserves the right to remove any job posting or content from any Restoration Jobs Site, which in the reasonable exercise of Restoration Jobs’ discretion, does not comply with the above Terms, or if any content is posted that Restoration Jobs believes is not in the best interest of Restoration Jobs.
If at any time during Your use of the Restoration Jobs Services, You made a misrepresentation of fact to Restoration Jobs or otherwise misled Restoration Jobs in regards to the nature of Your business activities, Restoration Jobs will have grounds to terminate Your use of the Restoration Jobs Services.
Resume Database
Use of the Restoration Jobs Resume Database by Employers
You shall use the Restoration Jobs Resume Database as provided in these Terms, including the Privacy Policy, and in any contract You have with Restoration Jobs. You shall use the Restoration Jobs Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Restoration Jobs Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Restoration Jobs Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The Restoration Jobs Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regard to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, Restoration Jobs reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Restoration Jobs’ sole discretion from time to time.
You understand and agree that You are responsible for all charges relating to your use of Restoration Jobs Services for registered Users. If Restoration Jobs requires payment for use of certain Restoration Jobs Services, Restoration Jobs Content, or the Restoration Jobs Sites (“Fees”), the Fees are due on a monthly basis by credit card or electronic payment and will be charged by Restoration Jobs automatically beginning on the date that Restoration Jobs has been designated by You by notice, order, acceptance of payment terms prior to use, or by some other notice given to You by Restoration Jobs. You agree to update or renew a credit card that is expired or rejected. If at any time Your credit card will not accept the charge for Fees due, You acknowledge that Restoration Jobs will not provide the access to the Restoration Jobs Services of posting jobs or the Restoration Jobs Sites that require such payments for the period applicable to those Fees and Your access to the same will terminate. You will be responsible for the payment of any present or future sales, use, excise or other similar tax (excluding taxes based on Restoration Job’s net income) applicable to the Fees.
[Your payment to us of Fees to gain access to certain Restoration Jobs Services of posting jobs, access to Restoration Jobs Subscription Content, or Restoration Jobs Sites will automatically renew at the end of the applicable pay period, unless You cancel your subscription to such services and content before the end of the then-current payment period by clicking here. The cancellation will take effect the day after the last day of the current payment period, and You will be downgraded to Restoration Jobs’ free content]
Fees paid are non-refundable, except in the case of Restoration Job’s uncured material breach, in which case Restoration Jobs will refund to You pre-paid Fees for services not rendered as of the effective date of your termination of receiving such services.
4. Additional terms applicable to Job Seekers.
When You register with any Restoration Jobs Site, You will be asked to create an account and provide Restoration Jobs 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 Restoration Jobs Sites. Restoration Jobs 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 Restoration Jobs or by third parties. Please see Restoration Jobs' 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 Restoration Jobs account or Your Restoration Jobs account is terminated, all Your account information from Restoration Jobs, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Restoration Jobs' databases and will be removed from any public area of the Restoration Jobs Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Restoration Jobs’ web servers. In addition, third parties may retain saved copies of Your Information.
Restoration Jobs reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Restoration Jobs Site ("User Content") is the sole responsibility of the person from which such User Content originated. Restoration Jobs claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Restoration Jobs and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Restoration Jobs, you grant Restoration Jobs a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Restoration Jobs. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Restoration Jobs a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Restoration Jobs and its services. Restoration Jobs will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Restoration Jobs. Restoration Jobs reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any Restoration Jobs Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Restoration Jobs Site retains any and all rights that may exist in such User Content. Restoration Jobs may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Restoration Jobs Site. Restoration Jobs reserves the right to expel Users and prevent their further access to the Restoration Jobs Sites and/or use of Restoration Jobs Services for violating the Terms or applicable laws, rules or regulations. Restoration Jobs may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Restoration Jobs, damage Restoration Jobs’ brand or public image, or cause Restoration Jobs to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Restoration Jobs does not guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Restoration Jobs endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Services. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
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is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
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harasses, incites harassment or advocates harassment of any group or individual;
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involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
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promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
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contains restricted or password only access pages, or hidden pages or images;
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displays or links to pornographic, indecent or sexually explicit material of any kind;
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provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
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provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; or
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solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
In order to protect our Restoration Jobs community Users from commercial advertising or solicitation, Restoration Jobs reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Restoration Jobs deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the Restoration Jobs Sites. Restoration Jobs does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the Restoration Jobs Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Restoration Jobs. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Restoration Jobs shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Restoration Jobs Site and is accessible on such Restoration Jobs Site in a way that constitutes copyright or trademark infringement, please contact Restoration Jobs by email at: support@restorationjobs.com or by regular mail at:
Restoration Jobs LLC
8690 Wolff Ct.
Suite 200
Westminster, CO 80031
United States
866-921-0425
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Restoration Jobs respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Restoration Jobs Sites, You agree not to use any Restoration Jobs Site to infringe the intellectual property rights of others in any way. Restoration Jobs reserves the right to terminate the accounts of any Users, and block access to the Restoration Jobs Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Restoration Jobs reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Restoration Jobs as set forth in Section 6 above.
8. Restoration Jobs' Liability.
The Restoration Jobs Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. Restoration Jobs does not screen or censor the listings, including Profiles offered. Restoration Jobs is not involved in, and does not control, the actual transaction between employers and candidates. As a result, Restoration Jobs is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Restoration Jobs makes no representations about any jobs, resumes or User Content on the Restoration Jobs Sites. While Restoration Jobs reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the Restoration Jobs Sites from time to time, Restoration Jobs does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Restoration Jobs does not screen or censor the Profiles or User Content on the Restoration Jobs Sites. Restoration Jobs is not involved in the actual communications between Users. As a result, Restoration Jobs has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Restoration Jobs Sites and makes no representations about any Profile or User Content on the Restoration Jobs Sites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Restoration Jobs Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Restoration Jobs Sites.
Because User authentication on the Internet is difficult, Restoration Jobs cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Restoration Jobs Site, in the event that You have a dispute with one or more Users, You release Restoration Jobs (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The Restoration Jobs Sites and the Restoration Jobs Content may contain inaccuracies or typographical errors. Restoration Jobs makes no representations about the accuracy, reliability, completeness, or timeliness of any Restoration Jobs Site or the Restoration Jobs Content. The use of all Restoration Jobs Sites and the Restoration Jobs Content is at Your own risk. Changes are periodically made to Restoration Jobs Sites and may be made at any time. Restoration Jobs cannot guarantee and does not promise any specific results from use of any Restoration Jobs Site. No advice or information, whether oral or written, obtained by a User from Restoration Jobs or through or from any Restoration Jobs Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Restoration Jobs encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Restoration Jobs be liable for the deletion, loss, or unauthorized modification of any User Content.
Restoration Jobs does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any Restoration Jobs Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, Restoration Jobs may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Restoration Jobs has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE RESTORATION JOBS SITES OR ANY RESTORATION JOBS SERVICES ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RESTORATION JOBS SITES OR ANY RESTORATION JOBS SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RESTORATION J OBS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE RESTORATION JOBS SITES OR ANY RESTORATION JOBS SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RESTORATION JOBS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE RESTORATION JOBS SITES OR ANY RESTORATION JOBS SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL RESTORATION JOBS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY RESTORATION JOBS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY RESTORATION JOBS SITE AND THE RESTORATION JOBS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESTORATION JOBS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
Except where prohibited by law, in no event will Restoration Jobs be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Restoration Jobs has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Restoration Jobs is found to be liable to You for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Restoration Job’s liability shall in no event exceed the greater of (1) the total of any Fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Restoration Jobs, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.
12. Links to Other Sites.
The Restoration Jobs Sites contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Restoration Jobs of the contents on such third-party web sites. Restoration Jobs 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 websites. If You decide to access linked third-party websites, You do so at Your own risk.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Restoration Jobs Site.
14. Indemnity.
You agree to defend, indemnify, and hold harmless Restoration Jobs, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Restoration Jobs Site, (ii) Your use of any Restoration Jobs Content or Restoration Jobs Services, (iii) Your breach of these Terms., or (iv) any action taken by Restoration Jobs or as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these terms has occurred. Restoration Jobs shall provide notice to You promptly of any such claim, suit, or proceeding. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM RESTORATION JOBS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF RESTORATION JOB’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
15. General.
Restoration Jobs makes no claims or representations that the Restoration Jobs Content may be lawfully viewed or accessed outside of the United States. Access to the Restoration Jobs Content may not be legal by certain persons or in certain countries. If You access any Restoration Jobs Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Restoration Jobs Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the State of Colorado without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Denver, Colorado. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Restoration Jobs’ failure to enforce any part or section of these Terms shall not be deemed as a waiver of such part or section or otherwise affect Restoration Jobs’ ability to enforce such part or section at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Restoration Jobs Sites, a particular "Legal Notice," or software license or material on particular pages on the Restoration Jobs Sites, these Terms constitute the entire agreement between You and Restoration Jobs with respect to the use of the Restoration Jobs Sites. No changes to these Terms shall be made except by a revised posting on this page.
16. Additional Terms.
Certain areas of the Restoration Jobs Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
17. Mobile Services.
If You use the Restoration Jobs Sites through a mobile device, You agree that information about Your use of the Restoration Jobs Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Restoration Jobs Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Restoration Jobs Sites using a mobile device, You represent that to the extent You import any of Your Restoration Jobs data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Restoration Jobs account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Restoration Jobs Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the Restoration Jobs Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the Restoration Jobs Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
18. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Restoration Jobs Site. Restoration Jobs reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Restoration Jobs Sites and immediate termination of Your registration with or ability to access the Restoration Jobs Sites and/or any other services provided to You by Restoration Jobs, upon any breach by You of these Terms or if Restoration Jobs is unable to verify or authenticate any information You submit to a Restoration Jobs Site registration. Even after You are no longer a User of the Sites, the provisions of these Terms that by their nature and context a reasonable person would intend to remain in effect, including, but not limited to, Sections 2, 5, 7 through 16, inclusive.