Without limiting the foregoing, you will not (i) use any data mining robots, spiders or similar data gathering or extraction methods; (ii) violate or attempt to violate the security of the Site or Services; (iii) reverse engineer or decompile any part of the Site or Services; (iv) aggregate, copy or duplicate any of the Appcast IP (defined in Section 4 below) or information available on the Site or Services, other than as permitted by these Terms; (v) access data or any part of the Site or Services not intended for you; (vi) use the Site for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters, or bulk communications of any kind, including distribution lists to any person who has not given specific permission to be included in such a list; (vii) invade the privacy of, obtain the identity of, or request, harvest, or obtain or access personally identifying information, or other information about others in connection with your use of the Site; (viii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site; (ix) upload, submit, or otherwise communicate to us any private information of any third party without authorization, including, without limitation, addresses, phone numbers, email addresses; (x) use or attempt to use another’s service or system without our authorization, or create a false identity on the Site; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, including your age, email address, or any affiliation with any person or entity; or (vii) transmit, distribute, introduce, or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. If you download software or any other content from the Site, you do so at your own risk.
You agree and acknowledge that you have the sole responsibility and liability for your use of the Site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use the Site.
You need a supported Web browser to access the Site. The Site may cease to support a given Web browser, and your continuous use of the Site will require you to download a supported Web browser.
You agree that (i) any and all information that you provide to us will be true, accurate, current, and complete information about yourself, and (ii) you will continue to provide, maintain, and update any and all information in order for it to remain accurate, current, and complete. You are solely responsible for all information that you provide to us.
You acknowledge and agree that (i) the Site’s purpose is to provide you with information about job opportunities of third-party employers; (ii) Appcast has no control over or responsibility for (a) what additional conditions any employer may impose on you for use of their website to submit an application, or (b) any part of the hiring decision process by such employers; (iii) Appcast cannot confirm the accuracy, completeness, or availability of any job advertisement, including the identity of such employer; and (iv) Appcast assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job advertisements.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site or via the Services are registered and unregistered trademarks, trade names and service marks owned by Appcast and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site or via the Services without our written permission or the written permission of such third-party owner.
If your ability to access or use the Site is discontinued by us, then you may not attempt to regain access to the Site.
Additionally, we may suspend or discontinue the Site and/or any or all Services at any time for any reason without notice.
In the event you discontinue using the Services or Site or we discontinue providing the Services or Site, the following provisions will survive: Section 3 and Section 4 through and including Section 17, and any other provisions that by their nature survive.
YOU ACKNOWLEDGE THAT WE ARE NOT IN ANY WAY AFFILIATED WITH, RELATED TO, OR SPONSORED BY ANY EMPLOYER. We are not responsible for your access or use of (i) any website or software operated by any employer, whether or not accessed through the Site, or (ii) any other website or software not owned, operated, or controlled by Appcast or its affiliates (each, a “Third-Party Site”). Any such use or access is entirely at your own risk.
USE OF THE SITE, SERVICES AND APPCAST IP IS AT YOUR SOLE RISK. APPCAST DOES NOT EVALUATE, SCREEN OR CENSOR JOB DESCRIPTIONS SUBMITTED BY EMPLOYERS. APPCAST IS NOT INVOLVED IN AND DOES NOT CONTROL THE TRANSACTION BETWEEN AN EMPLOYER AND YOU. ACCORDINGLY, APPCAST IS NOT RESPONSIBLE FOR (1) YOUR INTERACTION WITH ANY THIRD-PARTY WHO CONTACTS YOU, INCLUDING EMPLOYERS, RELATING TO YOUR USE OF THE SERVICES OR THE SITE, OR (2) ANY HIRING DECISION BY ANY EMPLOYER RELATING TO A JOB, OR ANY INACCURACY OR UNAVAILABILITY OF ANY JOB OPPORTUNITY.
THE SITE, SERVICES, AND APPCAST IP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPCAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SERVICES, AND APPCAST IP, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP OR NON-INFRINGEMENT.
APPCAST MAKES NO WARRANTY THAT THE SITE, SERVICES, OR APPCAST IP WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, SERVICES, OR APPCAST IP OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR FREE. WE PROVIDE OUR SITE AND SERVICES FROM OUR OFFICES WITHIN THE UNITED STATES. WE MAKE NO REPRESENTATION THAT THE SITE, SERVICES, OR APPCAST IP IS APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN OTHER LOCATIONS.
APPCAST DOES NOT GUARANTEE OR WARRANT THAT THE SITE, OUR SERVERS, THE SERVICES, OR ANY APPCAST IP WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS AT YOUR OWN DISCRETION AND RISK.
APPCAST MAKES NO WARRANTIES AS TO ANY ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF ANY JOB OPPORTUNITIES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICES, AND APPCAST IP, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST APPCAST FOR ANY GRIEVANCES RELATING TO THE SITE, SERVICES, OR APPCAST IP IS TO STOP USING THE SITE, THE SERVICES, AND THE APPCAST IP.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN NO EVENT WILL APPCAST BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORESEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE SITE, THE SERVICES, OR APPCAST IP OR RESULTING FROM YOUR USE OR ACTIONS RELATING TO ANY JOB POST OR ANY OTHER SERVICE PROVIDED BY OR OTHERWISE OBTAINED THROUGH THE SITE.
IN NO EVENT WILL APPCAST BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (I) YOUR USE OF THIS SITE, (II) YOUR USE OR ACTIONS RELATING TO ANY JOB POST OR APPLICATION, (III) THE SERVICES PROVIDED BY APPCAST, (IV) YOUR USE OF ANY THIRD-PARTY SITES, INCLUDING WEBSITES AND SOFTWARE OWNED AND OPERATED BY ANY EMPLOYER OR ANY THIRD-PARTY SITE, (V) ANY CONTENT PROVIDED BY OR ACTIONS BY ANY THIRD PARTY, AS DESCRIBED IN SECTION 7 ABOVE, INCLUDING ANY HIRING DECISION BY ANY EMPLOYER RELATING TO A JOB, OR ANY INACCURACY OR UNAVAILABILITY OF ANY JOB OPPORTUNITY.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
to the extent permitted BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF APPCAST, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from or related to (1) your use of thE Site, ANY SERVICES, OR ANY APPCAST IP, or (2) the violation or attempted violation of these terms by you. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, (1) CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE OR (2) REQUIRE YOU TO DEFEND APPCAST WITH COUNSEL OF OUR CHOOSING. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR EXPRESS WRITTEN CONSENT.
YOU HEREBY WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU MAY BRING CLAIMS AGAINST APPCAST ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR CONSOLIDATED ACTION.
THIS SECTION 11 DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You are solely responsible for your interactions with any third party, including any interaction with a chatbot or with popups.
You may not take legal action against Appcast without first (a) sending us, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, toward resolution of the dispute.
Appcast will not be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation acts of God, terrorism, war, riots, fire, earthquake, flood or degradation or failure of third-party networks or communications infrastructure.
We welcome your comments and questions. Please contact us at: firstname.lastname@example.org
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LAST UPDATED: April 2020