Effective Date: October 1, 2015
Hello, and thank you for using Internbound, www.Internbound.com (the “Site”).These Terms of Service (“Terms”) are a binding legal agreement between You (defined below) and Internbound, Inc., a Delaware corporation (“Internbound,” “we,” “us,” “our”) that governs your access to and use of the Site, including all associated media, printed or electronic documentation, Updates, and support services for the Site, and the recruiting and job-search products and services provided by Internbound (the “Services”). When You download, access, or use the Services or register for an account, You are agreeing to these Terms, so please take a few minutes to carefully read and understand these Terms. If You do not agree to be bound by these Terms, please do not use the Services. BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION OR BY USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR INSTALL THE APPLICATION, ACCESS OR USE THE SERVICES, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS.
Internbound may revise these Terms at any time by posting an updated version to this Web page or by any other reasonable means. You should visit this page periodically to review the most current Terms because they are binding on You as of the Effective Date indicated at the top of these Terms. If You do not agree to the updated Terms, You must stop using the Services before the Effective Date. The terms "You," “Your,” and "User" as used in these Terms refer to all individuals and/or entities accessing the Services for any reason. The term "post" as used herein means information that You submit, publish, upload, display, or otherwise provide to any part of the Services.
You must be 18 years of age or older, or the age of legal majority as that is defined in Your jurisdiction, whichever is older, to use the Services. By visiting any part of the Services or accepting these Terms, You represent and warrant to Internbound that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Internbound that You will use the Services in a manner consistent with any and all applicable laws and regulations.
2. Use of Internbound Content
Internbound authorizes You to download, view, use, and access a single copy of the content available through the Services solely for your personal use. The contents of Internbound the Services, Internbound such as text, graphics, images, logos, button icons, software and other Internbound content (collectively, "Internbound Content"), is protected under both United States and foreign copyright, trademark and other laws. All Internbound Content is the property of Internbound or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content in the Services is the exclusive property of Internbound and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Internbound Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Internbond Content on any authorized copy You make of the Internbound Content.
You agree not to sell or modify the Internbound Content or reproduce, display, publicly perform, distribute, or otherwise use the Internbound Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Services, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Internbound or its licensors, that dilutes the strength of Internbound's or its licensor's property, or that otherwise infringes Internbound's or its licensor's intellectual property rights. You further agree to in no other way misuse Internbound Content that appears in the Services. The unauthorized use of the Internbound Content on any other third party Web site or in a networked computer environment for any purpose is prohibited. Any code that Internbound creates to generate or display any Internbound Content is also protected by Internbound's copyright and you may not copy or adapt such code. Users may not use the Services in order to transmit, post, distribute, store or destroy material, including without limitation, Internbound Content, (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.
Users are also prohibited from violating or attempting to violate the security of the Services, including without limitation, by engaging in the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is 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, via means of submitting a virus to any part of the Services, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Internbound 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.
In order to ensure a safe and effective experience for all of our customers, Internbound reserves the right to limit the amount of data that may be accessed by You in any given time period. These limits may be amended in Internbound's sole discretion from time to time, and Internbound has no obligation to inform you of any changes in data usage limits.
3. Specific Prohibited Uses
The job posting, recruiting, and other features of the Services may be used only for lawful purposes by individuals seeking employment and career information or by employers seeking employees.
Internbound specifically prohibits any other use of the Services, and all Users agree not to do any of the following: (a) post any internships on the Services for any competitor of Internbound or post jobs or other content that contains links to any site or service competitive with Internbound; (b) post or submit to the Services any incomplete, false or inaccurate biographical information or information which is not your own; (c) post on the Services any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (d) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of the Services; (e) delete or revise any material posted by any other person or entity; (f) take any action that imposes an unreasonable or disproportionately large load on Internbound's infrastructure; (g) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search functionality available from Internbound and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (h) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services; (i) aggregate, copy or duplicate in any manner any of the Internbound Content or information available from the Services without express written consent from Internbound; or (j) frame or link to any Internbound Content or information available through the Services.
Internbound does not necessarily monitor any materials posted, transmitted, or communicated to or within the Services. If you believe that something in the Services violates these Terms please contact our designated agent set forth in Section 7 below.
If notified by a User of User Content (as defined below) or other materials which allegedly do not conform to these Terms, Internbound may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the User Content. Internbound has no obligation, liability or responsibility to Users for performance or nonperformance of such activities.
4. Registration Information
You understand and acknowledge that you have no ownership rights in your Internbound Account, and that if you cancel your Internbound Account, all your account information from the Services, including Profiles, leads, messages, questionnaires, email mailing lists, and other resources may be marked as deleted in Internbound's databases and may be removed from any public or private area of the Services. In addition, third parties may retain cached copies of your Information.
5. User Content and Submissions
You are solely responsible for your account information, employer account information or job postings, Profile, leads, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information (collectively, "User Content") that You post to the Services or transmit to other Users. You agree that in submitting User Content or otherwise using the Services that you will not impersonate any person, or submit any materials to Internbound or the Services that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
By posting User Content to any public area of the Services, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to Internbound and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).
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 the Services, 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 posted to the Services retains any and all rights that may exist in such User Content. Internbound acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Internbound 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 Internbound or Users of the Services. Internbound reserves the right to expel Users and prevent their further access to the Services and/or use of any Internbound Site for violating these Terms or applicable laws, rules or regulations. Internbound 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 Internbound or damage Internbound's brand or public image.
Internbound does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or 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 in the Services. The list below is for illustration only and is not a complete list of all prohibited User Content.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Internbound may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the User Content or whether to take any further actions, including legal action. Internbound has no liability or responsibility to Users for performance or nonperformance of such activities.
We appreciate hearing from our Users and welcome your comments regarding the Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that 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 Internbound. 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. Internbound 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. Registration and Password
You are responsible for maintaining the confidentiality of your account or any account information for the Services, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your registrations and passwords for the Services, whether or not authorized by You. You agree to immediately notify Internbound of any unauthorized use of your account.
7. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If you believe that any Internbound Content, User Content, or any other content or material available in the Services infringes your copyright or the copyright of any third party, please send written notice in accordance with the Digital Millennium Copyright Act (“DMCA”) to our designated Copyright Agent, who can be reached as follows:
1821 S. Bascom Ave. #371
Campbell, CA 95008
To be effective, notice must include the following, in compliance with Section 512(c) of the DMCA:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;
d. Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This process is only available for reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material in the Services is infringing, you should contact an attorney prior to sending notice. After receiving notice, Internbound may remove or disable access to infringing material.
8. Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Internbound 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 may constitute infringement of the copyright owner’s rights. As a condition to your use of the Services, You agree not to use the Services to infringe the intellectual property rights of others in any way. We will terminate the accounts of any Users, and block access to the Services of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
9. Internbound's Liability
The Services offer a venue for employers to post job opportunities and store lead information and does not screen or censor the listings, including Profiles offered. Internbound is not involved in the actual transaction between employers and candidates. As a result, Internbound has no control over User Content, the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings or of the information provided by employers or candidates, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Internbound makes no representations about any internships or User Content on the Services. Internbound 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 Internbound or damage Internbound's brand or public image. While Internbound reserves the right in its sole discretion to remove User Content, job postings, or other material from the Services, Internbound does not assume any obligation to do so and disclaims any liability for failing to take any such action.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, 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 Services. 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 Services.
Because User authentication on the Internet is difficult, Internbound 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 the Services, in the event that You have a dispute with one or more Users, You release Internbound (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.
The Services and the Internbound Content may contain inaccuracies or typographical errors. Internbound makes no representations about the accuracy, reliability, completeness, or timeliness of the Services or the Internbound Content. The use of the Services and the Internbound Content is at your own risk. Changes are periodically made to the Services and may be made at any time. Employers are solely responsible for their postings on the Services. Internbound is not to be considered to be an employer with respect to your use of the Services and Internbound shall not be responsible for any employment decisions, for whatever reason, made by any entity job posting on Internbound Site.
Internbound cannot guarantee and does not promise any specific results from use of the Services. No advice or information, whether oral or written, obtained by a User from Internbound or through or from the Services shall create any warranty not expressly stated herein.
10. Disclaimer of Warranty
INTERNBOUND DOES NOT WARRANT THAT THE SERVICES OR INTERNBOUND SITE OR APPLICATION WILL OPERATE ERROR-FREE OR THAT THE INTERNBOUND SITE OR APPLICATION AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE INTERNBOUND SITE OR APPLICATION, OR THE INTERNBOUND CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INTERNBOUND IS NOT RESPONSIBLE FOR THOSE COSTS. THE SERVICES, THE INTERNBOUND SITE, ALL INTERNBOUND APPLICATIONS, AND INTERNBOUND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. INTERNBOUND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. INTERNBOUND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INTERNBOUND CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
11. Disclaimer of Consequential Damages
IN NO EVENT SHALL INTERNBOUND, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE INTERNBOUND SITE OR APPLICATION OR IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, THE INTERNBOUND SITE OR APPLICATION AND THE INTERNBOUND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INTERNBOUND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability
INTERNBOUND'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE INTERNBOUND SITE, ANY INTERNBOUND APPLICATION, OR YOUR USE OF THE INTERNBOUND CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
The exclusion of damages under Section 11 is independent of your exclusive remedy in Section 12 and it survives even if the exclusive remedy fails of its essential purpose or is otherwise deemed unenforceable. Each of the limitations of liability in Sections 9, 10, 11, and 12 apply without regard to whether loss, liability or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES (INCLUDING INCIDENTAL OR CONSEQUENTIAL), LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 9, 10, 11, OR 12 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU RESIDE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
13. Links to Other Sites
The Services may contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by s of the contents on such third-party Web sites. Internbound 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.
14. 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 the Internbound Site.
You agree to defend, indemnify, and hold harmless Internbound, 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 (a) any User Content or other material You provide to the Services, (b) your use of the Services or Internbound Content, (c) your breach of these Terms, or (d) your violation of any other party’s rights or applicable law. Internbound shall provide notice to You promptly of any such claim, suit, or proceeding.
17. Additional Terms
Certain Internbound products, applications, features, services, or certain areas of the Services may be subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by any additional terms presented to you when accessing, downloading, or using those products, applications, or features.
18. Term and Termination
These Terms will remain in full force and effect while You are a User of any part of the Services at any level. Internbound 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 Services and immediate termination of your registration with or ability to access the Services upon any breach of these Terms or if Internbound is unable to verify or authenticate any information You submit to the Services. The following Sections of these Terms will survive termination: 2, 7, 9, 10, 11, 12, 15, 16, and 18.
19. Third Party Products and Services
You may need to use or obtain additional products or services in order to use certain features of the Services, such as a mobile device, internet access, or a data connection, and there may be fees charged by third parties related to your use of the Services. For example, your mobile carrier may charge you for data sent or received by your phone in relation to your use of the Application. You must obtain or use such products and services separately and pay all associated charges (including for internet access or other data transmission).
20. Support and Updates
Internbound has no obligation to and may not provide support for the Services. If Internbound does provide updates, supplements, or add-on components to the Services after the date you initially use, access, or download any part of the Services or Internbound Content (collectively, “Updates”), these Terms will apply to the Updates. If Internbound provides additional terms along with any Update, those terms will apply to the Update. You agree that Internbound may automatically check your version of the Services (if applicable) and may automatically send updates to your device. Internbound may add new features or remove existing features offered through the Services. Internbound reserves the right to discontinue your access to the Services. Internbound may, in its sole discretion, release subsequent versions of the Services and require you to obtain and use the most current version.
21. Service Availability
You may use the Services if and when they are available. Internbound does not guarantee availability of the Services and there may be interruptions for scheduled maintenance or upgrades, repairs, or equipment failures. Certain features of the Services may be a pre-release version and may not work correctly or in the way a final version might work. Internbound may significantly change a final version or decide not to release it. To the maximum extent authorized under applicable law, Internbound reserves the right to change, remove, delete, restrict, or block access to, or stop providing any part or all of the Services at any time and without notice.
22. Contact Information
If you have any questions about these Terms, please feel free to contact us.