1. Terms Applicable to Specific Content and Areas of the Site
2. Use of Software
Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, job search, on-line registration, on-line skill assessment testing, self-service order submission, account status/information services and other terms and conditions that apply ("License Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for the purposes of good faith use of our services; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed or reverse engineered.
3. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that CBX Technologies, Inc. publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
4. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of CBX Technologies, Inc. or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and CBX Technologies, Inc. reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.
5. User Responsibilities
You may only use the System and any part thereof for lawful purposes. As one of the conditions of your use, you warrant and represent that you are a genuine and bona fide job applicant and that you are not using the System for any other purpose. It is YOUR RESPONSIBILITY to ensure that your use of the System complies with these Terms. You may not use the System or any part thereof to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of others' privacy, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party right including by submitting content that you do not have rights in; and (iii) advertising, offering, soliciting, licensing or granting public access to any content offered on the System. In addition, in order to allow us to maintain reliable and effective System, you specifically agree to refrain from intentionally providing any irrelevant, misleading or wrongful information and answers to questions or queries found on the System. You warrant and affirm that you will NOT:
1. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
2. Allow someone to help or assist you in completing any component of the System;
3. Help or assist anyone else in competing any component of the system;
4. Provide any incomplete, false or inaccurate information on any application submitted for a job through the System;
5. Post or transmit any content or information that contains a virus, worms, Trojan horses, or corrupted data;
6. Eavesdrop, commit electronic trespassing, fraud or forgery, sniff, spam, nuke, hack, spoof, break passwords, contaminate the System, cause unauthorized, damaging and/or harmful access and/or retrieval of information and data;
7. Create deep linking from any other page to any part of the System;
8. Delete any author contributions, legal notices or proprietary designations or labels that you upload to any communication feature;
9. Upload or transmit any content or information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; and not
10. Delete or revise any material posted by another person or entity.
6. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to CBX Technologies, Inc. all of the licenses and rights set forth herein. By Sharing Content, you grant CBX Technologies, Inc. a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any CBX Technologies, Inc. product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by CBX Technologies, Inc. without compensation to you so that CBX Technologies, Inc. my reasonably deliver it services to you. You warrant that: (a) you have the right and authority to grant this license; (b) CBX Technologies, Inc.'s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will not Share any Content that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another's privacy or includes another's confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
All communications you submit through the Web Site or e-mail must be true, accurate and complete. CBX Technologies, Inc. and Affiliates and Providers will rely upon the truth, accuracy and completeness of the communications you submit through the Web Site. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to CBX Technologies, Inc., you and all persons you represent will be liable for any loss, damage or additional costs that you, CBX Technologies, Inc., Affiliates and Providers, or other persons may incur as a result.
You authorize CBX Technologies, Inc. and Affiliates and Providers to: (a) accept communications that they receive from you by means of the Web Site or e-mail as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Affiliates and Providers, and CBX Technologies, Inc. workers by means of the Web Site, e-mail or other communications; and (c) respond to your communications by means of Internet communications, e-mail or other communications. Communications you send to CBX Technologies, Inc. by means of the Web Site or e-mail are not effective unless and until they are processed by the responsible CBX Technologies, Inc. representative.
CBX Technologies, Inc. may refuse to process any communications sent to CBX Technologies, Inc. by means of the Web Site or e-mail, or may reverse the processing of any communications sent to CBX Technologies, Inc. by means of the Web Site or e-mail, at any time in CBX Technologies, Inc.'s discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) CBX Technologies, Inc. cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with CBX Technologies, Inc.; (c) CBX Technologies, Inc. considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.
7. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any CBX Technologies, Inc. accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any CBX Technologies, Inc. accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any CBX Technologies, Inc. accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any CBX Technologies, Inc. accounts, computer systems or networks without CBX Technologies, Inc.'s express written permission.
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify CBX Technologies, Inc. immediately of any unauthorized use of your password(s) or account(s).
Violations of System or network security may result in civil and/or criminal liability. CBX Technologies, Inc. will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. In addition, and without prejudice to any other remedy to which CBX Technologies, Inc. may be entitled under these Terms and/or any applicable law, CBX Technologies, Inc. may immediately terminate, without notice, your use of and access to the System and any part thereof, and in the event that you have paid any amount for the right to use the System, then without derogating from any other right for indemnification and/or compensation it may have, CBX Technologies, Inc. may set-off any such funds and you hereby forfeit any right you may have to receive any such funds from CBX Technologies, Inc..
8. No Unlawful or Prohibited Use
CBX Technologies, Inc. has no obligation to monitor the Site or screen Content that is shared on or through the Site. However, CBX Technologies, Inc. reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion.
11. Termination of Use
CBX Technologies, Inc. may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that CBX Technologies, Inc. may, in its sole discretion, at any time, terminate or limit your access to or use of the Site or any Content. CBX Technologies, Inc. will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that CBX Technologies, Inc. shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Site or any Content.
12. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. CBX Technologies, Inc. is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party Content, products and services.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CBX TECHNOLOGIES, INC. 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 WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. CBX TECHNOLOGIES, INC. MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. CBX TECHNOLOGIES, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
CBX TECHNOLOGIES, INC. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
14. Limitation of Liability
IN NO EVENT SHALL CBX TECHNOLOGIES, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
15. Exclusions and Limitations
17. Note About Minors
Minors are not eligible to use the Site, and we ask that they do not submit any information to us.
18. Export Restrictions/Legal Compliance
19. Applicable Laws
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Oakland California an/or Alameda County, California. You and CBX Technologies, Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Copyright© 2011, CBX Technologies, Inc. and/or its affiliates. All rights reserved.
CBX Technologies, Inc., CBX Security, Start Day Staffing, StartDay, StartDay Technology, StartDay Office and StartDay Government are associated brands of CBX Technologies, Inc. and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.
21. Contact Information