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Terms and Conditions |
| We welcome you to www.communitylifeguards.com (hereby referred to as “Website”, “we”, “our”). Please review these Terms of Use, by which we provide services and which are a binding agreement that governs your use of the Website. By using or visiting the Website, you (hereby referred to as "you" or "your") agree that you have read, understand, and agree to abide by these Terms of Use. These Terms of Use may be revised by us from time to time, with or without notice; therefore, you should regularly review them. The latest Terms of Use will be posted on the Website, and you should review them prior to using the Website. If you do not wish to be bound by these Terms of Use after you have read them, please leave the Website. If you remain on the Website, and/or on your subsequent returns, you agree to abide by these Terms of Use. |
| 1. Privacy Policy |
| The Terms of Use include the Privacy Policy located at www.communitylifeguards.com/privacy, which is incorporated by this reference, and governs your use of the Website. You agree to our collection, use and sharing of your information as set forth in the Privacy Policy. |
| 2. User Conduct |
| If you are under the age of 18, but at least 15 years of age, you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Website and its services are not intended for children under the age of 15.
As a user of the Website, you understand and agree that all data, graphics, information, messages or other materials created or used by you, whether published, displayed or transmitted, are your sole responsibility.
As a Website user, you agree not to:
- violate any applicable local, state, provincial, regional, national, or international laws, statutes, and/or codes;
- email, make available, post, upload, or transmit any content that is abusive, harassing, harmful, threatening, unlawful, violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or otherwise objectionable or you do not have a written right to transmit under any law or under any contractual agreement or relationship;
- provide inaccurate, misleading or false information to us or to any other user. You agree to promptly notify us if any information provided to us or another user subsequently becomes inaccurate, misleading or false;
- transmit any chain letters or junk E-mail; or otherwise abuse the services and facilities provided to you; or
- post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You agree that any dealings with any employer or job seeker found on the Website is solely between you and the employer or job seeker, and we are not responsible or liable for any loss or damage incurred as a result of any such dealings. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your username and password. You are fully responsible for all use of your account and for any actions that take place using your account, including content posted in public areas or private e-mail messages.
We reserve the right, but have no obligation, to monitor the materials posted on the Website. We reserve the right to remove content that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, profane, indecent or otherwise objectionable to us in our sole discretion. You agree that we may, with or without cause, immediately terminate your account and access to the Website without prior notice. You understand that by signing up to use the Website that your profile and resume may be reviewed by other users, recruiters and employers. You also agree that you may be contacted by recruiters and employers for employment opportunities |
| 3. Member Disputes |
| You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Website users. |
| 4. Billing & Payment |
| Certain functions on the Website require paid membership. Such services are provided on a non-refundable pre-paid basis. The applicable rates are listed on the Website. |
| 5. Proprietary Rights in Content |
| We own and retain proprietary rights to the Website and related services, which contain our copyrighted material, trademarks, and other proprietary information. By posting information or content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website. |
| 6. Warranty Disclaimer |
| YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE.
WE DO NOT:
(i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND
(ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY WEBSITE USERS. |
| 7. Exclusion of Damages |
| WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF /OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU. THIS WEBSITE AND THE INFORMATION CONTAINED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. |
| 8. Limitation of Liability. |
| IN NO EVENT WILL OUR LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE EXCEED U.S. $10.00.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET ABOVE MAY NOT APPLY TO YOU. |
| 9. Indemnity |
| You agree to defend, hold harmless, and indemnify us from and against any and all claims, damages, costs, debts, losses, liabilities, obligations, and expenses arising from your use of and access to our Website; any violation of by you of these Terms of Use; or any violation by you of any third party right. |
| 10. Insurance |
| As regards to Website insurance policies, you agree that you your insurer(s) and anyone claiming by, through, under or in your behalf shall have no claim, right of action or right of subrogation against the Website or its insurer(s) based on any loss or liability insured against under your insurance policies. |
| 11. Governing Law; Venue and Jurisdiction |
| These Terms of Use and the relationship between you and the Website shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. Arbitration held in Travis County, Texas shall be the exclusive dispute resolution process used by the parties hereto. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect to any litigation. |
| 12. Miscellaneous |
| No failure or delay by us in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These Terms of Use are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without our prior written consent. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. |
| Privacy Policy |
| www.communitylifegaurds.com (hereby referred to as the “Website” ”, “we”, “our”) shares your concern about personal privacy. Due to the sensitive nature of the information we collect from our users, including, address, phone numbers and credit card information, we believe it is important to satisfy strict privacy requirements. This Privacy Policy outlines how we use and share personally identifiable information (“PII”, e.g., your full name, email address, mailing address, telephone number, or credit card number) that you voluntarily provide when you register; and limited non-personally identifying information (Internet Protocol address, browser type, browser language, date and time of your query and one or more cookies that may uniquely identify your browser) your browser makes available to us when you visit the Website.
Please note that any resume or other content that you post becomes published news or informational content, and is not considered PII. Members may modify their information at any time by logging into their account.
When you first visit our website, a cookie (small file containing a string of characters) may be sent to your computer to uniquely identify your presence. While we recommend you allow these cookies, you may set your computer settings to restrict or refuse them. However, some features or sections of our site may not function properly if cookies are disabled.
We do not rent or sell your PII to other companies or individuals, unless we have your consent; or we provide such information to trusted businesses or persons with whom we implement reasonable contractual and technical protections limiting use of user information to our specified purposes. We will not disclose your account information to other people or non-affiliated companies. We may share aggregated information with others. We will maintain your credit card or other payment information which we maintain in encrypted form on secure servers. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.
Please note we cannot control the actions of other users with whom you share your information, which is at your own risk. We cannot and do not guarantee that your content will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website; nor for the privacy practices of other web sites whom we may link to. We do not control cookies that may be placed by third party advertisers.
Other than as provided herein, we will not share your personally identifiable information with third parties. Users will occasionally receive emails containing information about the Website that are likely to be of interest to our members. Members may opt-out of receiving such emails. We also use return email addresses to answer the email we receive from users.
From time to time, we may be required by law enforcement or judicial authorities to provide personally identifiable information to appropriate governmental authorities. We will disclose personally identifiable information upon receipt of a court order or subpoena or in order to assist a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our Website’s services for illegal activities.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
In the event we undergo a business transition, such as a merger, being acquired by another company, or selling a portion of our assets, Website users' personally identifiable information will, in most instances, be part of the assets transferred. Members will be notified prior to a change of ownership or control of their personal information. If as a result of the business transition, the Website user's personally identifiable information will be used in a manner different from that stated at the time of collection they will be given a choice not to have their information used in this different manner, as described in the notification of changes section, below.
This Privacy Policy was last changed on January 26, 2009. If we make changes to any terms or conditions of the Policy, the changes will be posted in this document so that you will always know what information we gather as well as how we might use that information and to whom we may disclose it. We may change, modify, add or remove portions of this Privacy Policy at any time. Please be sure to check this page before proceeding to use the Website. If you have any questions about this privacy statement, the practices of the Website, or your dealings with the Website, you can contact us at privacy@communitylifeguards.com. {Do we have this email address? If not, let's just change it to the admin or contact one we already have.} |
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