We collect information:
- When you register an account to become a ShopSquawk member (examples: name, e-mail, school, company, country, and a password)
- When you provide information to us about yourself.
- We automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the shopsquawk.org website, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP.
- We retain information you provide in connection with third party services available through shopsquawk.org like surveys and polls or other third party research undertaken with your consent.
How we use information we collect from you
We use the information you provide to:
- Enable you to share your information and communicate with other members, or provide your personal details to third parties offering combined services with ShopSquawk.
- Administer your account with us and customize the service we provide to you and other members; and to
- Send you service or promotional communications through email and notices on the shopsquawk.org website.
How you can access, correct or delete your Personal Information
- Review, enhance or edit your personal information through your personal profile page;
- Change your settings to control visibility and accessibility through our website; and
- Tell us to close your ShopSquawk account.
Your obligations to us and to other Members
How we protect the information you give to us
- Personal information you provide will be secured with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
- Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private.
- You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.
If you have any questions or comments please contact through our contact page, or at the address below.
ShopSquawk, 8895 Towne Centre Dr., Ste.105-169, San Diego, CA 92122
Providing information to us is voluntary and may be withdrawn by you at any time.
Information we collect from you
Personally Identifiable Information
Our Website enables you to search for collaborators, companies, schools, teachers, employees and jobs, register to receive communications about prospects, partners, educational opportunities, job postings, participate in interactive areas such as My Account or to permit employers to contact you directly regarding job offerings if you are over 18 years of age. You may search and take classes without registering, but in order to create records of your education, collaborate, apply for a job, receive email communications, participate in the interactive areas to be found at My Account or be contacted by an employer interested in you, you will have to register with ShopSquawk. We collect the following personally identifiable information:
- Email address
- ZIP code
- Phone number
- Date of birth
- Military service
- Job preferences
- Work experience
- All associated work experience, history, class test results, and comments
We also collect the URL of the site from which you came and the site to which you are going when you leave our Website, as well as the IP address of the computer you are using (or the proxy server you use to access our Website), your computer operating system and type of web browser you are using, mobile device operating system (if you are accessing our Website using a mobile device), as well as the name of your ISP or your mobile carrier in order to provide us with a way to verify your identity, and to provide us with information that we aggregate with that of other users in order to help diagnose problems with our server, run our Website better and to communicate with sponsors (see “How we use information we collect from you,” below).
In order to connect with others on shopsquawk.org, you may use the Website to send invitations either to other Members or to email addresses of individuals who are not Members. The names and email addresses of people whom you invite will be used by us to send your invitations and reminders as well as to allow us to help expand our network. Please note that when you create a profile, both Members and the public will then have access to your email address because it is displayed in the search results. The Members with whom you will connect at My Account will also have access to your email address. You may not invite anyone to connect with you at My Account whom you do not know and trust.
We may collect information through our Website in order to, among other things, accurately categorize and respond to Member inquiries and investigate breaches of our terms.
We may collect information about the fact that you use certain features and functionality or our Website, click on ads, or participate in research initiatives like polling and surveys on our Website.
Polls and surveys on our Website
Polls and surveys may be conducted us, our Members or our Sponsors. As a Member, you may be invited to participate in polls and surveys from our Website. Your selection may be random, or it may be based on your non-personally identifiable information, such as job title, geographic location, company size and/or industry. Whether or not you decide to participate in a poll or survey is completely up to you.
After you complete a poll, you will be given access to the aggregate responses of the poll on a results page. Some third parties may target advertisements to you on the results page based on your answers in the poll. Further, we or our Sponsors may follow up with you via e-mail in your My Account account regarding your participation unless you have opted out of receiving such e-mail messages.
We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide Personal Information to the third party fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive.
We will not disclose any Personal Information to any third parties in connection with the conduct of any polls or surveys. Your consent to use any Personal Information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it. You may opt-out of participating in surveys by changing your settings to stop receiving these inquiries and requests.
While your browser may accept cookies automatically, you can change the settings on your browser to prevent our cookies from being downloaded automatically, or to notify you that they are ready to be downloaded. The latter will give you the option of whether or not you want to accept our cookies. If you decide to decline our cookies, however, some of our Website’s features or services may not function as well as they would have had you accepted our cookies
Our Website may also contain very small, transparent, electronic images called “Web Beacons” that allow us to count Members who have visited the Website pages on which they are located. Web Beacons are not used to access your Personal Information, but rather are a method for us to assemble aggregated statistics about the usage of our Website. While you cannot decline Web Beacons, you can decline all cookies and therefore render the Web Beacons ineffective. We use Web Beacons with respect to our mobile applications as well.
Summary of information collected by us
In sum, we collect the following information from you:
- Registration information;
- Profile information;
- Information regarding your contacts with other ShopSquawk Members;
- Information regarding your usage of our Website;
- Information we glean from our cookies;
- Information we glean from our Web Beacons; and
- Your IP address, operating system or mobile platform, ISP or mobile provider, whichever is applicable.
How we communicate with you
Many communications you initiate through our Website (e.g., an invitation sent to a non-Member) will list your primary e-mail address and name in the header of the message. Other communications that you initiate through our Website, like a request for an introduction, will list your name as the initiator and may include your personal email address contact information.
You can change your e-mail and contact preferences at any time by logging into your account and changing the Settings related to your email notification choices within your profile. If you wish, you can also opt-out of receiving promotional emails. Unfortunately, you cannot opt-out of receiving service messages from us. If we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with your receipt of messages on your mobile device (including text messaging charges).
You may unsubscribe from shopsquawk.org emails by either clicking on the “Unsubscribe” link in the footer of the email or logging into your account, clicking Settings and then clicking on “Edit Subscriptions.” Removing your name from the email list may take up to ten (20) days.
How we use information we collect from you
Instances in which we disclose your Personal Information to third parties is as follows:
We disclose your Personal Information to companies and individuals who perform duties on our behalf, such as website hosting, marketing and customer service companies. While these companies may have access to your Personal Information in order to perform their jobs, they are prohibited from sharing your information with any other individual or company.
We will consider releasing, and may release, Personal Information to third parties to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order. We also may release Personal Information in order to prevent a crime, for national security, to protect our rights and property and to protect the personal safety of our Members or the public.
We disclose your Personal Information to third parties if you consent for us to do so. For example, we send your information to employers if you indicate that you want us to do so in the registration process. In addition, if you indicate that you want to receive offers and promotions from our Sponsors, we will send your Personal Information to them according to your interests and preferences. If you decide to share your contact information in this manner, you will be provided with instructions regarding how to opt out of sharing your contact information if you decide you no longer wish to do so.
We may disclose and transfer your Personal Information to a third party that acquires all or a substantial portion of our business, whether by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the unlikely event that we become the subject of a voluntary or involuntary bankruptcy proceeding, we or our trustee in bankruptcy may sell, license or otherwise dispose of your Personal Information in a transaction approved by a bankruptcy court. If all or a substantial portion of our business is sold, you will be notified by e-mail or a notice posted on the Website.
We may use information that does not allow you to be identified (“Aggregate Information”) to better design our Website and to share with our advertisers. For example, we may tell an advertiser or potential advertiser that a certain number of individuals visited a certain area on our Website. We also might share Aggregate Information regarding the overall demographics of the users of our Website, such as their age, sex or occupation. Depending on the circumstances, we may or may not charge advertisers for this information.
Notwithstanding anything else herein, we may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or “hashed” (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. No personally identifiable information is on, or is connected to, these cookies.
Some of our third-party partners may allow you to opt out of their targeted advertising.
Our Website contains links to other websites that may be of interest to you. We do not have control over these websites, however, and therefore are not responsible for their privacy policies or practices. Please make sure to review the privacy policies of these websites so that you will be familiar with them.
We offer search services to help find information and learn more about other Members, as well as employment opportunities. We use information from Member profiles to populate and refine our search engine results.
How we protect the information you give to us
We have implemented a variety of security measures to maintain the safety of your Personal Information. We keep your Personal Information on a central database on a secured network in the United States that can be accessed only by a limited number of persons who are required to keep such information confidential. We audit our network regularly for possible vulnerabilities and attacks.
By using the Website, you grant us and all other persons or entities involved in the operation of our Website the right to receive, transmit, monitor, retrieve, store and use your Personal Information, including information that may be privileged and confidential under applicable state and federal laws, in connection with the operation of our Website and our maintenance of your Personal Information.
Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We also cannot guarantee that unauthorized third parties will never be able to circumvent our security measures and obtain access to your Personal Information and use it for improper purposes. As a user of the Website, you agree that you assume all risks regarding your use of the Website, transmissions made over the Internet generally, and your sharing of your Personal Information.
You are responsible, however, for taking all reasonable steps to ensure that no unauthorized person has access to your password. It is your sole responsibility (1) to control the dissemination and use of your password; (2) to authorize, monitor and control access to your password; and (3) to promptly notify us of any need to deactivate your login, or to change your password.
Also, please note that e-mails, instant messaging, and similar means of communication with other Members of our Website are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
How you can access, correct or delete your Personal Information
We are committed to providing you reasonable and practical access to your Personal Information to determine if it is accurate. You may review the Personal Information that we have collected from you by logging in, and clicking “Edit Profile.” If you would like a hard copy of the Personal Information that we have collected from you, you may contact us through our contact form. To protect your privacy and security, we will also take reasonable steps to verify your identity before sending your Personal Information or making corrections to it. Please be aware that even after your request for a change is processed, we may, for a time, retain residual information about you in our backup and/or archival copies of our database.
While we have developed default settings for Member accounts that most Members desire. We encourage you to review your account Settings and adjust them according to your preferences.
You may opt out of or discontinue receiving communications from us by logging in, clicking Settings, clicking “delete account,” and deselecting the corresponding checkboxes before clicking the “Submit” button. If you no longer wish to use our Website, we will, upon request, remove your account and Profile Information from our records. In order to do so, please e-mail us with your username, password and email address. The removal process may take up to ten (45) days.
If you decide to close your account with us, we do not remove your name and other Personal Information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. We may also retain and use your information if necessary to provide our Website services to other Members. For example, just as an email you may send to another person through an email service provider resides in that person’s inbox even after you delete it from your sent files or close your account, emails you send via the My Account portion of our Website to other Members, as well as your contributions to ShopSquawk discussion groups, may remain visible to others after you have closed your account. Similarly, other information you have shared with others, or that other Members have copied, may also remain visible. We disclaim any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. We do not control when search engines update their caches, which may contain certain public profile information that has since been removed from our publicly viewable database.
If we learn that a Member is deceased, we may close such Member’s account. In those cases we may restrict profile access, remove messaging functionality, and close an account if we receive a formal request from the Member’s next of kin or other proper legal request to do so.
Your obligations to us and to other Members
As a Member, you have certain obligations to other Members. Those obligations include the following:
- You must keep your username and password confidential and not share it with others.
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
How to contact us
8895 Towne Centre Dr., Ste.105-169
San Diego, CA 92122
ShopSquawk’s Mission is to educate those interested in financial literacy, vocational trades, entrepreneurship, business management, green technologies, and the construction industry, and allow people who want to access labor in the right-fit positions so they can maximize their potential and live more rewarding lives. ShopSquawk was created to provide a nexus for all aspects of the community. It is a platform to boost productivity, a resource to ensure integrity within the business dealings of company, labor, and consumer, as well as the source for quality education to persons involved.
From time to time we will change, or make improvements to, our Website. Such changes and/or improvements shall be made without prior notice to you. We may provide you notice of such change on our Website or in e-mails we send to our Members.
Your Rights and Obligations
User Name/E-Mail Address and Password
To log onto our Website, you will need a user name and password which you will supply when you register to use our Website. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
Your License to Us
In connection with using our Website, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by us concerning the Website and our operation thereof; and
- Use the Website in an honest, respectful and professional manner. In connection with using our Website, you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website, or any part thereof;
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- Create a user profile for anyone other than a natural person;
- Utilize information, content or any data you view on and/or obtain from our Website to provide any service that is competitive, in our sole discretion, with our Website or our business;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by ShopSquawk, unless you have entered into a written agreement with us to that effect;
- Adapt, modify or create derivative works based on our Website or the technology underlying our Website, or other Members’ content, in whole or part;
- Rent, lease, loan, trade or sell/re-sell access to our Website or any information therein, or the equivalent, in whole or part;
- Deep-link to our Website for any purpose, (i.e. including a link to one of our web pages other than our Website’s home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl” or “spider” our Website;
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- Access, via automated or manual means or processes, our Website for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Website;
- Attempt to or actually access our Website by any means other than through the interfaces provided by us;
- Attempt to or actually override any security component included in or underlying our Website;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website, including ours or any Sponsor’s;
- Remove, cover or otherwise obscure any form of advertisement included on our Website;
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website;
- Share information of non-Members without their express consent;
- Interfere with or disrupt our Website, including but not limited to any servers or networks connected to our Website;
- Invite people you do not know to join My Account;
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo (if applicable);
- Use or attempt to use another’s account without our authorization, or create a false identity on our Website;
- Infringe or use our brand, logos and/or trademarks, including, without limitation, “shopsquawk.org,” or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
- Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (i) using our Website to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (ii) using our Website to connect to people who don’t know you and then sending unsolicited promotional messages to those connections without their permission; and (iii) sending messages to distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
Website Security Rules
You are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (1) accessing data not intended for you or logging into a server or account that you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of our Website or to breach security or authentication measures without proper authorization, or (3) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, “flooding”, “mailbombing” or “crashing.”
Violations of Website or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
Notifications and other Service Communications
For purposes of our communicating with you regarding the Website, notice shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you through your Website account or through other means including email, cellular telephone, telephone, or delivery services including the U.S. Postal Service about your Website account or services associated with us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website. You may contact us via contact page.
Or via U.S. mail or courier at:
8895 Towne Centre Dr., Ste.105-169
San Diego, CA 92122
Additionally, ShopSquawk accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
User to User Communications
We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members, and we cannot guarantee that other Members will not use the ideas and information that you share on our Website. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website. WE ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE SUCH AS MY ACCOUNT.
Compliance with Applicable Laws
You are responsible for ensuring that your use of our Website complies with all laws directly or indirectly applicable to you or us. SHOPSQUAWK IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
You Must be 13 or Older to Use this Website
Your Right to Use our Website
Your use of our Website, including the software that runs our Website, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
Our Rights and Obligations
Availability of Website
ShopSquawk Intellectual Property
All of the design, text, and graphics of our Website, as well as the selection and arrangement thereof, are © 2013 ShopSquawk, Inc., All Rights Reserved. ShopSquawk, and design, Shop Class ShopSquawk are our registered federal trademarks. The Website images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website are the property of their respective owners.
Our Website contains material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website.
Collection and Use of Your Content by Us
If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website, and we will use reasonable efforts to delete your information from our then existing files.
While we appreciate hearing from you and welcome your comments regarding our Website, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website, please be specific in your comments regarding our Website and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediate become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We 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 to any other person.
No Professional Advice
None of the services, materials, content, or information available on or through our Website constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
Links to Other Sites
We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website). Nothing on our Website shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
Limitation of Liability and Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET GENERALLY. OUR WEBSITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE, (2) THE QUALITY AND SECURITY OF OUR WEBSITE, OR (3) THE INABILITY TO ACCESS OUR WEBSITE OR ITS CONTENT, INCLUDING WHETHER OUR WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE. WHEN USING OUR WEBSITE, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB OR EMPLOYEE THROUGH OUR WEBSITE, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB OR EMPLOYEE YOU MAY OBTAIN.
WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
Limitation of Damages and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Certain Legal Requirements
We are based in California in the United States of America. We make no representation that our Websites are appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws. If you access the Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Mutual rights of termination.
You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and may also bar you from any future use of our Website.
Misuse of the Services.
We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website. Misuse of our Website includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
Effect of Termination.
Upon the termination of your account with us, you lose access to our Website. In addition, we may block access to our Website from an IP address or range of IP addresses associated with those of terminated Members.
Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website and is accessible on our Website in a way that constitutes copyright or trademark infringement.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (1) you will submit to the jurisdiction of the courts of San Diego, CA USA, including, without limitation, or the Circuit Court of the County of San Diego, and (2) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website or any content or other material used or displayed on our Website.
ShopSquawk Copyright Policy
COMPLAINT PROCEDURE REGARDING CONTENT POSTED ON THE ShopSquawk.org WEBSITE
Please note that any Notice or Counter-Notice you submit must be truthful and must be submitted under penalty of perjury. A false Notice or Counter-Notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a Notice or a Counter-Notice.
Our policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at our sole discretion. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Customers, or groups as the case may be, who may infringe or repeatedly infringe the IP Rights of others, or who otherwise post inaccurate or unlawful content.
CLAIMS REGARDING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT
Notice of Claimed Infringement
In an effort to prevent unauthorized use of intellectual property on our Website, and pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of claimed infringements of IP Rights. We have also designated an agent to receive notices of claimed infringement. If you believe in good faith that your IP Rights have been infringed, you may complete and submit a Notice of Claimed Infringement form, or otherwise provide a written communication which contains the following information:
- A signature of the person authorized to act on behalf of the owner of the IP Rights;
- A description of the work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the intellectual property owner’s behalf.
Please submit the Notice to ShopSquawk Intellectual Property Agent, as follows:
By webform at: ShopSquawk Intellectual Property Agent
By U.S. mail at:
8895 Towne Centre Dr., Ste.105-169 San Diego, CA 92122
Counter-Notice Regarding Claim of Infringement
If you believe that a Notice has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Infringement form, or otherwise provide a written communication which contains:
- Your signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in San Diego, California, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to ShopSquawk’s Intellectual Property Agent, via webform or mail to the addresses specified above.
Any assertions made in submitting either the Notice or the Counter-Notice are under penalty of perjury. ShopSquawk will process the Notice and Counter-Notice in accordance with its policies and procedures which remain in our sole discretion.