TERMS OF USE
Welcome to JobWatch (“JobWatch” or the “Service”). JobWatch permits individuals (“Job Seekers”) to post one or more résumés (each,
a “Résumé”) for potential review by companies that provide services in the field
of clinical studies (“Employers”), to view job postings (“Job Postings”)
posted by Employers on this Web site (the “Web Site”), and to apply for
jobs listed in Job Postings. JobWatch also enables Employers, among other
things, to post Job Postings, search the database of Résumés, post company
profiles (“Profiles”) and post information about conferences, training
programs, and other events (“Notices”). By browsing any
part of the Web Site, by posting a Résumé, Job Posting, a Profile or a Notice, or
otherwise performing any of the functionalities on JobWatch (“using the Service”),
you, or if you are an Employer, the company that you represent (each “you”
or a “User”) agree to be bound by these Terms of Use (”TOU”).
1. Binding
Agreement. These TOU constitute a
legally binding agreement between you and Jobson Medical Information LLC d/b/a
CenterWatch (“CenterWatch” or “we”), the company that owns and
operates the Service. We may modify these TOU without notice to you, so you are
advised to check the TOU periodically.
2. Eligibility.
Job Seekers must be eighteen (18) or over to use the Service.
3. Term; Breach.
These TOU will remain in full force and effect as long as you use the Service unless
you breach these TOU. We have the right to investigate any allegations that you
have violated these TOU that come to our attention and to take whatever action
we think is necessary or appropriate to remedy such violations, including,
without limitation, removing your Résumé, Job Posting, Profile or Notice and
preventing you from accessing any Job Postings, Résumés, Profiles and Notices.
4. Limitations on Use of the
Service. We operate the Service
solely to enable Job Seekers to locate and find jobs in the clinical studies
field and to enable Employers to find candidates for jobs in the clinical
studies field that they want to fill and to make available information about
themselves and what they do. It is a
violation of these TOU for any User to use any information obtained through the
Service (a) to harass, abuse, stalk, or otherwise harm another person; (b) to contact,
advertise to, solicit, or sell to any User without that User’s express prior
written consent or engage in any other commercial activity; or (c) for any
other purpose other than seeking to fill or obtain a job in the clinical studies
field. CenterWatch does not represent or
guarantee the truthfulness, accuracy, or reliability of any Job Posting, Résumé, Profile, Notice, or any other content posted
by any User (collectively, “User Content”).
You acknowledge that any reliance on any User Content will be at your own risk.
5. Posting
of User Content on the Web Site
a. You are solely responsible for the
contents of any User Content that you that
you publish or display ("post") on the Web Site.
b. Any Résumé that you submit must describe you, an
individual person. Examples of inappropriate and prohibited Résumés include,
but are not limited to, a Résumé that purports to represent an animal, a place,
an inanimate object, a fictional character, or a real individual that is not you.
c. We have the right but not the obligation to review any User
Content and remove it or take other action if we determine that it fails to
comply with these rules or that it contains content that is not appropriate for
posting on the Web Site (“Inappropriate User Content”). Inappropriate
User Content includes material, or links to material, that:
is patently offensive to the online community, such as content
that promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
is false, misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page) other than
hidden Résumés;
exploits people under the age of 18 in a sexual or violent manner,
or solicits personal information from anyone under 18;
provides instructional information about illegal activities such
as making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; and
facilitates or constitutes part of commercial activities and/or
sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
b. By posting any User Content to the Web
Site, you automatically grant, and you represent and warrant that you have the
right to grant, to CenterWatch an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, and distribute the information
and content in such User and to prepare
derivative works of, or incorporate into other works, such information and
content, and to grant and authorize sublicenses of the foregoing.
6.
Copyright Protection Policy. If you believe that User Content that you
own has been posted on the Web Site without your permission, please provide our
Copyright Agent with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim is
infringing is located on the Website; your address, telephone number, and email
address; a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Our Copyright Agent for notice of claims
of copyright infringement can be reached as follows: General Counsel, Jobson
Medical Information LLC, 100 Avenue of the
7. Ownership of
Intellectual Property. CenterWatch owns all proprietary rights in the
Service and the Web Site. These rights include, without limitation, all
trademark rights in the CenterWatch and Jobson Medical Information names and
logos; all patent rights in the Service; and all copyright and other rights in
the content that we display or post on the site (“CenterWatch Intellectual
Property”). You may not copy, modify, publish, transmit, distribute,
perform, display, or sell any CenterWatch Intellectual Property except to the
extent that you need to do so to use the Service. Each Employer owns its own
trademarks and content in each of its Job Postings (“Employer Intellectual
Property”). No Job Seeker may copy,
modify, publish, transmit, distribute, perform, display, or sell any Employer
Intellectual Property except to the extent that such Job Seeker needs to do so
to use the Service.
8.
Interaction and Disputes
between Job Seekers and Employers; Release. You are solely responsible for your
communication and interaction with any Employer or Job Seeker. Use your common
sense. Make whatever investigation you
feel is necessary or appropriate before you speak with or arrange to meet with
any Employer or Job Seeker. If there is a dispute between any Job Seeker and
any Employer, CenterWatch is under no obligation to become involved. You hereby release CenterWatch, its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, including death, known or
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way related to such disputes and/or the Service. If you are a
California resident, you waive California Civil Code Section 1542, which says:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which, if known by him must have materially affected his settlement with the
debtor."
9. Representations and Warranties.
You represent and warrant that you have the right, authority, and
capacity to enter into and abide by these TOU; that all information in any User
Content that you post will be accurate and complete.
10. Indemnity. You will indemnify CenterWatch and hold
CenterWatch, its subsidiaries, affiliates, officers, agents, and other partners
and employees, harmless from any loss, liability, claim, demand, fees and
expenses, including reasonable attorney's fees, made by any third party (which
means anyone other than you or CenterWatch) due to or arising out of your use
of the Service, including, without limitation, any claim arising from your
breach of these TOU, your breach of your representations and warranties set
forth above, or your sharing of any information from the Web Site with any
third party. This obligation will survive termination of this Agreement, which
means that even if you stop using the Service, you will still be bound.
11. DISCLAIMER OF
WARRANTIES
a. USE OF THE SERVICE
IS ENTIRELY AT YOUR OWN RISK. THERE IS NO GUARANTEE THAT BY USING THE SERVICE, IF
YOU ARE A JOB SEEKER, YOU WILL FIND A JOB OR A JOB THAT IS RIGHT FOR YOU, OR,IF
YOU ARE AN EMPLOYER, YOU WILL FIND A JOB SEEKER WHO IS QUALIFIED TO FILL ANY
JOB.
c. THE SERVICE IS
PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. CENTERWATCH DOES NOT SCREEN THE JOB SEEKERS
WHO POST RESUMÉS OR THE RESUMÉS THEMSELVES, AND CENTERWATCH DOES NOT SCREEN THE
EMPLOYERS WHO POST JOB POSTINGS ON THE SERVICE. CENTERWATCH EXPRESSLY DISCLAIMS TO THE
FULLEST EXTENT OF THE LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO (i) THE RELIABILITY,
COMPLETENESS OR ACCURACY OF ANY USER CONTENT ON THE WEB SITE, (ii) THE ABILITY OF ANY EMPLOYER TO OFFER ANY JOB
TO ANY JOB SEEKER OR THE ABILITY OF ANY JOB SEEKER TO PERFORM ANY JOB; (iii) THE QUALITY, SAFETY OR LEGALITY OF ANY JOB
THAT AN JOB SEEKER MAY ACCEPT AS A RESULT OF USING THE SERVICE; (iv) THE
QUALIFICATIONS OR SUITABILITY OF ANY JOB SEEKER FOR ANY JOB THAT SUCH JOB
SEEKER APPLIES FOR THROUGH THE SERVICE; (v) ANY PRODUCTS OR SERVICES THAT YOU
PROCURE THROUGH ANY LINKS ON THE WEB SITE, or (vi) VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY
ACCESS YOUR COMPUTER WHEN YOU USE THE SERVICE OR CLICK ON ANY JOB POSTING OR RESUMÉ
ON THE WEB SITE. Some jurisdictions do
not allow the disclaimer of implied warranties, so some of the foregoing
disclaimers may not apply to you insofar as they relate to implied warranties.
12. LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL CENTERWATCH BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CENTERWATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE OR THE WEB SITE; YOUR INABILITY
TO USE THE SERVICE OR THE WEB SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE SERVICE OR THE WEB SITE; ACTIONS TAKEN OR NOT
TAKEN, OR STATEMENTS MADE, BY ANY EMPLOYER OR JOB SEEKER WITH WHOM YOU
COMMUNICATE OR CONSULT AS A RESULT OF SEEING A JOB POSTING OR A RESUMÉ ON THE
WEB SITE; OR OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE SERVICE OR THE WEB SITE OR ANY LINKS ON THE WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are
not permitted, so some of the foregoing limitations may not apply to you.
13. Governing Law, Jurisdiction, and Time Limit on Claims. If you have any dispute with us, the dispute will
be governed by the laws of the
14. Additional Terms. Our failure to exercise or enforce any right
or provision of the TOU shall not constitute a waiver of such right or
provision. If a court of competent jurisdiction holds any provision of the TOU
invalid, the court should try to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU will remain in
full force and effect.
Copyright
2008 Jobson Medical Information LLC d/b/a CenterWatch
