Effective August 21, 2013
Terms of Service
By accessing and using the RealJobDescription.com website, you agree to accept and comply with these Terms of Service (“TOS”).
RealJobDesecription.com maintains the right to change these TOS, to stop operating the website, to impose usage limits, and to stop providing access to all or any individual users, including you, at any time, without notice.
You must be over the age of thirteen years old to use this website. If you are older than thirteen but less than the legal age of majority, in order to use this website your parent or legal guardian must consent to this TOS on your behalf and take all and full legal and financial responsibilities and liabilities for your activities on the website.
You retain ownership of any content, including text or other materials, that you post or otherwise make available to the website, but by posting such content you grant RealJobDescription.com and its successors and acquirers a worldwide, non-exclusive, royalty-free, irrevocable license (with the right to sublicense) to publish, copy, reproduce, process, adapt, modify, transmit, display, distribute, and otherwise use said content in any form, format, and venue without any compensation to you.
By posting or otherwise making available content to the website, you warrant that 1) you have the right to grant the above described license to RealJobDescription.com, and 2) you will not post any content that infringes, violates or otherwise compromises any copyright or trademark of another party, divulges any trade secrets and/or privacy and intellectual property ownership rights in an unauthorized way, is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, is intentionally inaccurate or deceptive, provides personally identifying information about yourself or other people, or contains or hyperlinks to any kind of computer malware that can damage, interfere with, block, intercept, or otherwise harm our website, network, software, hardware, database, and communications.
RealJobDescription.com maintains the right to remove from the website or refuse to publish at any time any content that you have posted and to suspend or terminate your account and/or reclaim your username at any time without notice or cause.
RealJobDescription.com reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to 1) satisfy any applicable law, regulation, legal process or governmental request, 2) enforce this TOS, including investigation of potential violations hereof, 3) detect, prevent, or otherwise address fraud, security or technical problems, 4) respond to user support requests, or 5) protect the rights, property, integrity, and safety of RealJobDescription, its users, and the public.
You are solely responsible for the safekeeping of your password and for any and all website activity that is conducted through the use of your password.
Any and all content you post will be viewable by other users of the website and may be viewable through other services and websites.
Any and all content posted by a user is the sole responsibility of that user. Use of any and all posted content is at your own risk and discretion. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or opinions expressed by posters of content on the website. By using the website, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will RealJobDescription.com be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content made available via the website or reposted/republished elsewhere. You are responsible for for any content you post, and for any consequences thereof, including the use of your posted content by other users. RealJobDescription.com will not be responsible or liable for any use of content you post.
You may only repost any content from RealJobDescription.com elsewhere on the web if 1) the original posted has not marked the content as explicitly not for reproduction, and 2) you do not modify the content in any way, and 3) attribute to RealJobDescription by name in readable text and with a human and machine-followable link linking back to the page displaying the original content on RealJobDescription.com, and 4) make a reasonable effort to keep the reposted content updated to the latest version on RealJobDescription.com, and 5) make a reasonable effort to delete the reposted content if the content has been deleted or subsequently marked as not for reproduction on RealJobDescription.com.
Attribution to RealJobDescription.com must not implicitly or explicitly state or imply any connection with or endorsement by RealJobDescription.com and the user who posted the content.
You must not 1) use the website for any unlawful purposes or for promotion of illegal activities, 2) post any content in violation of the provisions contained in these TOS, 3) use the website for spamming and/or scamming, 4) use the website to access or tamper with non-public and backend hardware and software areas of the website, 5) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, 6) access or search or attempt to access or search the website by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by RealJobDescription.com, unless you have been specifically allowed to do so in a separate agreement with RealJobDescription.com (crawling the website is permissible in accordance with this TOS, but scraping the website without the prior consent of RealJobDescription.com is expressly prohibited), 7) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the website to send altered, deceptive or false source-identifying information, or 8) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the website, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the website.
If you operate a search engine or robot, you must use a descriptive user agent header and follow robots.txt at all times.
All right, title, and interest in and to the website (excluding content posted by users) are and will remain the exclusive property of RealJobDescription.com and its licensors and successors. The website is protected by copyright laws of the United States of America and foreign countries. Except as expressly provided herein, nothing in this TOS gives you a right to use the RealJobDescription.com or RealJobDescription name and domain name or any of the other distinctive brand proprietary features.
Any feedback, comments, or suggestions you may provide regarding the website are entirely voluntary and we will be free to use such input as we see fit and without any obligation to you.
The website may include advertisements, which may be targeted to the content on the website. The types and extent of advertising are subject to change. You agree that RealJobDescription.com and its third party providers and partners may place such advertising on the website, including in connection with the display of content submitted by you or other users.
RealJobDescription.com reserves the right to remove content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. We may also terminate a user’s account if the user is determined to be a repeat and/or intentional infringer.
If you believe that your content has been copyright infringed, you should email to admin*&^realjobdescription.com (replace *&^ with @) the following information in accordance with the Digital Millennium Copyright Act:
1) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2) Identification of the copyrighted work claimed to have been infringed
3) 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 information reasonably sufficient to permit us to locate the material
4) Your contact information, including your address, telephone number, and an email address
5) A statement by you 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
6) 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 copyright owner.
RealJobDescription.com will not use or share your information with anyone except as described below. This stipulation does not apply to information we collect by other means (including offline) or from other sources.
RealJobDescription.com uses information we collect to analyze how the website is used, diagnose service or technical problems, maintain security, personalize advertisements, remember information to help you efficiently access your account, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, and track user content and users as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.
You provide us information about yourself, such as your name and email address, if you register for a user account on the website. We may use your email address to send you service-related notices (including any notices required by law). We may also use your contact information to send you marketing email messages. If you do not want to receive such messages, you may opt out by following the instructions in the message. If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses.
If you use your Facebook account information to register for and sign in to RealJobDescription.com, we will collect and store your user ID and may access your Facebook public profile, friend list and email address as determined by the Connect with Facebook API. We cannot control Facebook’s use of your information.
Content you post to the website is is publicly viewable on the website. This content may be searched by search engines and may be reposted/republished elsewhere on the web in accordance with this TOS.
When you use the website, we may use persistent and session cookies and other tracking technologies to: (1) store your username and password; (2) analyze your usage of the website, and (3) control the advertising displayed by the website. A persistent cookie may remain on your computer after you close your browser so that it can be used by your browser on subsequent visits to the website. Persistent cookies can be removed by following your web browser’s instructions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the website may not function properly if the ability to accept cookies is disabled.
We may also use other Internet technologies, log files, clear GIFs, Flash technologies, and other similar technologies, to deliver or communicate with cookies and track your use of the website. We also may include clear GIFs in HTML-based emails sent to our users to determine whether the message has been opened.
We use these automated technologies to collect and analyze certain types of information we consider to be non-personal information, including: (1) information related to the devices you use to access or interact with the website, such as: IP addresses, browser types, browser language; and (2) information related to the ways in which you interact with the website, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the website, and other similar information. We may also capture other data, such as search criteria and results.
If we sell the RealJobDescription.com website to another party, we may also transfer or assign user account information.
RealJobDescription.com may disclose user information if required to do so by law or subpoena or if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect RealJobDescription.com’s rights or property.
RealJobDescription.com uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your user information. We cannot, however, ensure or warrant the security of any information you transmit to RealJobDescription.com or guarantee that your information on the website may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If RealJobDescription.com becomes aware that user information is compromised as a result of a breach of security, RealJobDescription.com will promptly notify those persons whose information has been compromised, in accordance with our policies or as otherwise required by applicable law.
RealJobDescription.com does not knowingly allow children under the age of 13 to register on the website. If we become aware that we have collected user information from a child under age 13 without verification of parental consent, we take steps to remove that information.
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personally identifiable information (if any) for their direct marketing purposes in the prior calendar year, as well as the types of personally identifiable information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to admin*&^realjobdescription.com (replace *&^ with @).
If we change our privacy policies and procedures, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes are effective when they are posted on this page.
By using the website you consent to the transfer of your information to the United States of America and/or other countries for storage, processing and use by RealJobDescription.com.
Your use of the website and its content is at your own risk. You understand and agree that the website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, RealJobDescription.com and its partners disclaim any warranties, expres or implied, of merchantability, fitness for a particular purpose, or non-infrigement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the website or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the website, or any content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the website. We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No information, whether oral or written, obtained from or through the website, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALJOBDESCRIPTION.COM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT REALJOBDESCRIPTION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or content on the website, or actions or content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
These TOS and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the website will be brought solely in Orange County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under these TOS where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
These TOS are the entire and exclusive agreement between RealJobDescription.com and you regarding the website (excluding any services for which you have a separate agreement with RealJobDescription.com that is explicitly in addition or in place of these TOS), and these TOS supersede and replace any prior agreements between RealJobDescription.com and you regarding the website.
The failure of RealJobDescription.com to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. In the event that any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of these TOS will remain in full force and effect.
We may revise these TOS from time to time. The most current version will always be on this page (or such other page as the website may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the website after those revisions become effective, you agree to be bound by the revised TOS.
If you have questions about these TOS, please contact admin*&^realjobdescription.com (replace *&^ with @).