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West End Jobs Terms of Use
This page states the "Terms of Use" under which you may use The West End Jobs (the "Website"). Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS OF USE, DO NOT USE THE WEBSITE. BY USING THE WEBSITE, YOU ARE EXPRESSLY AGREEING AND CONSENTING TO BE BOUND BY THESE TERMS OF USE. INTERNET REVOLUTIONS, LLC (THE "COMPANY") MAY REVISE THESE TERMS OF USE AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE BEFORE USING THE WEBSITE TO REVIEW THE MOST CURRENT TERMS OF USE, BECAUSE THEY ARE BINDING ON YOU. CERTAIN AREAS OF THE WEBSITE ARE SUBJECT TO ADDITIONAL TERMS OF USE. BY USING SUCH AREAS, YOU AGREE TO BE BOUND BY THE ADDITIONAL TERMS OF USE APPLICABLE TO SUCH AREAS. Employers are also subject to the Employer Agreement. If you are not 18 years of age or over, you may not use this Website.

1. Use of Content. The contents of the Website (the "Content") and the compilation of the Content are protected under copyright, trademark and other laws. The compilation of the Content is the property of the Company, and all Content is the property of the Company or suppliers, employers or job seekers. Unauthorized use of the Content may violate copyright, trademark, and other laws. Internet Revolutions and West End Jobs are trademarks of the Company. Where indicated, other logos and service names on the Website are the property of the users or suppliers. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Content on any copy you make of the Content. For purposes of these Terms of Use, the term "users" shall mean all employers, job seekers and other people using the Website, and the term "suppliers" shall mean all other third party suppliers of content or services, including advertisers.

2. You may view and download Content solely for your personal, noncommercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. You shall not copy, adapt, modify, decompile, disassemble, reverse engineer, create derivative works or otherwise attempt to discover any source code of the Website, which is also protected by the Company’s copyright.

3. No Company Liability for Content. You understand that Content, whether publicly posted or privately transmitted, will be the sole responsibility of the person from which such Content originated. You, and not the Company, are entirely responsible for all Content that you post or transmit via the Website. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of the Content posted or transmitted or endorse any opinions. Any reliance on Content posted on the Website will be at your own risk. Any advice posted on the Website should not be relied upon without first consulting with an appropriate professional tailored to your specific situations. Persons acting as managers or hosts in connection with the Website are not authorized spokespersons of the Company, and their views do not necessarily reflect those of the Company. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. The Content may contain inaccuracies or typographical errors.

No Company Obligation to Screen Content. The Company has no obligation to screen communications or information in advance but if notified by a user of Content which allegedly does not conform to these Terms of Use or law, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the nonconforming Content. The Company reserves the right to terminate access and prevent further access to the Website for users violating the Terms of Use or the law and the right to remove Content within the Website, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of these terms. The Company may take any action with respect to Content that it deems reasonable or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose services of its ISPs or other suppliers.

4. Website is Only a Venue. The Website is a venue only. The Website acts as a venue for employers to post job opportunities, job seekers to post resumes and advertisers to provide products and services. The Website does not screen or censor the listings, products or services offered. The Company is not involved in the actual transaction between employers and job seekers or among users and suppliers. As a result, the Company has no control over: 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 job seekers, the ability of job seekers to fill job openings, payment for or delivery of products and services, or any terms, conditions, warranties or representations associated with such dealings. The Company cannot and does not confirm that each user is who they claim to be.

The Company does not endorse any of the suppliers or users, or their products or services. We do not and cannot be involved in user-to-user dealings or control the behavior of participants. There are risks, including but not limited to the risk of physical harm, when dealing with strangers who may be acting under false pretenses. You should conduct due diligence. You assume all risks associated with dealing with other users with whom you come into contact through the Website. In the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands, actions and damages (actual and consequential, 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.

You may, however, be entitled to certain warranty and customer service rights under federal and many state laws, which make the supplier and the manufacturer liable to you for warranty claims. In case of a warranty claim, please contact the supplier directly.

5. The Company is Not an Employer. The Company is not to be considered to be an employer with respect to your use of the Website, and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Website.

6. Prohibited Uses.


General. You may not use the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. You also agree that you will not transmit or post incomplete, false or inaccurate biographical or other information.

Security. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, through means of submitting a virus to the Website, "flooding," "scamming," "mailbombing" or "crashing," or (d) forging any TCP/IP packet header or any part of the header information in any posting or otherwise impersonating any person or entity, or attempting to mislead anyone as to the identity or origin of any communication. Violations of system or network security may result in civil or criminal liability. The Company 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.

7. Your Password. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company 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. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section, or from any loss you may incur as a result of someone else using your password or account, either with or without your knowledge. You, however, may be held liable for losses incurred by the Company or others as a result of someone else using your password or account. You may not use another user’s password or account without such user’s permission.

8. Third Party Links. The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party websites. The Company 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 web sites. If you decide to access linked third party Web sites, you do so at your own risk.

9. License of Content to the Company. You grant the Company the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to copy, distribute, display or otherwise use any Content you elect to post to publicly accessible areas of the Website, on any media or technology now known or later developed. For purposes of this Agreement, "publicly accessible areas of the Website" are those accessible by the general public (including those areas solely accessible by registered users of the Website). You represent and warrant to the Company that you either own or have the right to transmit all Content that you post or transmit via the Website.

10. Warranty/Disclaimers. WITHOUT LIMITING THE GENERALITY OF ANYTHING ELSE IN THESE TERMS OF USE, YOU AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (iii) ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iv) ANY WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (v) ANY WARRANTY THAT THE CONTENT, SERVICES OR PRODUCTS INCLUDED ON OR WITH THE WEBSITE WILL BE AS REPRESENTED BY THE COMPANY, THE USERS OR THE SUPPLIERS, AVAILABLE AT THE TIME OF OFFER, LAWFUL TO OFFER OR THAT THE COMPANY, THE USERS OR THE SUPPLIERS WILL PERFORM AS PROMISED; (vi) ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (vii) ANY WARRANTY THAT THE CONTENT THAT YOU TRANSMIT WILL NOT BE ALTERED OR INTERFERED WITH.

11. Consequential Damages Disclaimers. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOSS DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY FOR THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF THE CONTENT IS LIMITED TO $100.

12. Indemnity. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, demands, actions and damages, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or your breach of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

13. Disclosure of Content. You acknowledge and agree that the Company 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 the legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.

14. Copyright Infringement or Other Complaint Procedure. If you believe your work has been copied in any way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement. If you have any other complaints about the Content or the Website, please follow Procedure for Submitting Complaints.

15. Miscellaneous. The Company makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms of Use are entered into in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado, exclusive of its choice of law rules. You submit to the exclusive jurisdiction of the state and federal courts sitting in Denver, Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce the Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Use of the Website and the services provided is unauthorized in any jurisdiction that does not give effect to all of these Terms of Use. In the event that any of the provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to the use of the Website or these Terms of Use must be filed within one (1) year after your knowledge of such claim or cause of action arose or be forever barred.

 
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