ShopSquawk Privacy Policy

This page summarizes the key highlights from our Privacy Policy. For more information, read our full Privacy Policy.

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 use cookies and other technologies to recognize you, customize your experience, and serve outreach.
  • 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

Do not abuse the ShopSquawk website by using it to spam, abuse, harass, or otherwise violate the Terms of Use or Privacy Policy.

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.

How to contact us

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

Important information

Notice of all changes that materially affect ways in which your personal information may be used or shared will be posted in updates to our Privacy Policy.

If we change our Privacy Policy, we will post the changes to our Website, and may alert you to such change via e-mail or a message in My Account.

Complete ShopSquawk Privacy Policy

Purpose of our Privacy Policy

ShopSquawk appreciates the sensitivity and privacy with which your information should be handled. In addition to installing numerous privacy features on the ShopSquawk website has created this Privacy Policy to emphasize our commitment to your privacy. The Privacy Policy describes how we collect, protect and use information received and collected from you by means of our Website. It does not apply to information that we gather or collect using any other method. We urge you to read our Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment. Capitalized and other terms not defined in this Privacy Policy will have the meaning ascribed to them in our Terms of Use.

Providing information to us is voluntary and may be withdrawn by you at any time.

The information you provide to us through our Website may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to us for the purposes of creating your Member account or adding any additional details to your Website profile, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you. You have the right to withdraw your consent to our collection and processing of your information at any time, in accordance with the terms of this Privacy Policy and our Terms of Use, by changing your Settings, or by closing your account. Please note, however, that your withdrawal of consent will not be retroactive.

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
  • Password
  • Name
  • Address
  • City
  • State
  • ZIP code
  • Phone number
  • Date of birth
  • Gender
  • Military service
  • Citizenship
  • Education
  • 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).

Your personally identifiable information allows us to share your information, courses taken and created, jobs offered, job preferences and work experiences with prospective partners, employers or employees, communicate with you about potential employment opportunities, our business and our Website, improve the information on and operation of our Website, customize the Website to your individual preferences and ensure your compliance with our Terms of Use and any other restrictions noted on the Website.

In addition to providing us with your personally identifiable information and your IP address, if you chose to participate in the interactive portions of our Website found at My Account, you will have to complete a user profile in which you may describe your skills, professional experiences, educational background, recommendations from other Website users, group memberships, and networking objectives (this information, together with your personally identifiable information, shall be referred to collectively herein as your “Personal Information”). Providing additional information about yourself beyond what is minimally required at registration is entirely up to you, but providing such additional information enables you to derive more benefit from the Website and your professional network by helping you build and leverage your professional network and facilitating your search for professional resources, information, and new opportunities. Any Personal Information you provide at registration or in the profile section may be used by us as we describe in the Terms of Use and this Privacy Policy. If you decide not to share such Personal Information, you may not receive the full benefit of being a Website Member.

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.

You may also choose to manually enter or upload data about your contacts to the “Contacts” section of your account with us. Information entered into Contacts is only viewable by you and us. By providing email addresses or other information of non-Members, you represent that you have authority to do so. All information that you enter or upload about your contacts will be covered by the Terms of Use and this Privacy Policy and will enable us to provide customized services such as suggesting people to connect on our Website.

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.

“Cookies”

A cookie is a bit of electronic data that is stored on a user’s hard drive, mobile phone or other device containing information about the user. Cookies can save time, as they can store information such as a user’s login so that the same information does not have to be entered on subsequent visits to the same website. We use cookies and web log files to track your Website usage and trends, to improve the quality of our service, to customize your experience on our Website, as well as to deliver third-party advertising to Members both on and off our Website

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

As described in our Terms of Use, we will communicate with you through e-mail and notices posted on our Website, messages to your My Account inbox, mobile text messages, or through other means available to us. We may send you a series of e-mails that help inform new Members about the features of our Website, and we will also send you service messages relating to the functioning of our Website. We may also send you messages with promotional information directly or on behalf of our Sponsors, unless you have opted out of receiving promotional information.

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:

  1. You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
  2. You must keep your username and password confidential and not share it with others.
  3. Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.

How to contact us

Should you have other questions or concerns about this Privacy Policy, or any comments, concerns or general feedback, please do not hesitate to contact us through our contact form from this page, or at the following:

8895 Towne Centre Dr., Ste.105-169
San Diego, CA 92122

How we announce changes to our Privacy Policy

We may update this Privacy Policy at any time, with or without advance notice. If we change our Privacy Policy, we will post the changes to our Website, and may alert you to such change via e-mail, as described above. Your use of the Website constitutes acceptance of this Privacy Policy, and your continued usage of our Website after such changes are posted constitutes acceptance of such revised Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account that we have collected from you by means of our Website.

 

TERMS OF USE

THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT AND GOVERN THE USE OF THE SHOPSQUAWK WEBSITE. PLEASE READ THEM CAREFULLY!

  1. Introduction

    1. Mission Statement

      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.

    2. ShopSquawk.org Website

      Shopsquawk.org Website, including all information, text, visual images, software, products and services used or available via the Website and the interactive user area referred to as My Account that is part of the Website (collectively, the “Website”), is owned and operated by ShopSquawk. (“shopsquawk.org,” “we,” “our,” or “us”). Our Website is for the use of our members (“Members,” “you” or “your”) only. Our Website enables our Members to learn about, create, and apply for, employment opportunities with businesses that contract with us to post listings (“Members”). We agree to provide you with access to our Website subject to these Terms of Use. In consideration for your use of our Website, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website in any manner, your registration or access constitutes use of the Website. BY REGISTERING FOR OR ACCESSING OUR WEBSITE IN ANY MANNER WHATSOEVER, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE. IF YOU WISH TO ACCESS AND USE OUR WEBSITE, YOU MUST CREATE A PROFILE AND SELECT THE “I ACCEPT” OPTION AT THE BOTTOM OF THE REGISTRATION FORM. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE, YOU MUST IMMEDIATELY LEAVE THE SITE. Any and all rights not expressly granted in these Terms of Use are reserved by ShopSquawk.

    3. Modifications to our Website and to the Terms of Use

      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.

      Occasionally, we change these Terms of Use or impose new conditions on the use of the Website, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website in any manner whatsoever. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.

  2. Your Rights and Obligations

    1. Service Eligibility

      To be eligible to use the Website, you represent and warrant that you: (1) are fourteen (13) years of age or older; (2) are not currently restricted from the Website, or not otherwise prohibited from having an account with us, (3) are not a competitor of ours and are not using the Website for reasons that are in competition with us; (4) will only maintain one account with us at any given time (although you can delete an account and subsequently register for a new one, as long as you have only one active account at a time); (5) have full power and authority to enter into this agreement with us and to be bound by these Terms of Use and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of the Website, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to access and use the Website.

    2. Registration

      If you choose to create a profile on our Website(s), you must complete an online registration form. You agree (1) to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form, and (2) to maintain and promptly update the information you provide to us in order to keep your profile true, accurate, current and complete. If we have reasonable grounds to suspect that the information in your profile is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof) by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

    3. 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.

    4. Your License to Us

      By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials (“Content”) to the Website, you automatically grant ShopSquawk a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you warrant that you have waived all so-called “moral rights” in the Content. ShopSquawk and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website that violates these Terms of Use or is otherwise objectionable. By providing Content to the Website, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions or other third party rights.

    5. Your Responsibilities

      Our Website is intended to be used only for lawful purposes by individuals seeking employees and employment. You may not use (or plan, encourage or help others to use) our Website for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed as letters F through AH. below, we may, at our sole option, terminate your access to our Website.

      In connection with using our Website, you agree that you will:

      1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
      2. Provide accurate information to us and update it as necessary;
      3. Review and comply with our Privacy Policy;
      4. Review and comply with notices sent by us concerning the Website and our operation thereof; and
      5. Use the Website in an honest, respectful and professional manner. In connection with using our Website, you agree that you will not:
      6. Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website;
      7. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
      8. 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;
      9. 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;
      10. Create a user profile for anyone other than a natural person;
      11. 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;
      12. 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;
      13. Adapt, modify or create derivative works based on our Website or the technology underlying our Website, or other Members’ content, in whole or part;
      14. Rent, lease, loan, trade or sell/re-sell access to our Website or any information therein, or the equivalent, in whole or part;
      15. 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;
      16. Use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl” or “spider” our Website;
      17. Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
      18. Access, via automated or manual means or processes, our Website for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
      19. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Website;
      20. Attempt to or actually access our Website by any means other than through the interfaces provided by us;
      21. Attempt to or actually override any security component included in or underlying our Website;
      22. 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;
      23. Remove any copyright, trademark or other proprietary rights notices contained in or on our Website, including ours or any Sponsor’s;
      24. Remove, cover or otherwise obscure any form of advertisement included on our Website;
      25. Harass, abuse or harm another person, including sending unwelcome communications to others using our Website;
      26. Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website except as expressly permitted in these Terms of Use or as the owner of such information may expressly permit;
      27. Share information of non-Members without their express consent;
      28. Interfere with or disrupt our Website, including but not limited to any servers or networks connected to our Website;
      29. Invite people you do not know to join My Account;
      30. Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo (if applicable);
      31. Use or attempt to use another’s account without our authorization, or create a false identity on our Website;
      32. 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;
      33. Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
        1. 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;
        2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
        3. 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);
        4. 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);
        5. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
        6. 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;
        7. 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.
      34. Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
    6. 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.

    7. Indemnification

      You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees (collectively, the “Indemnified Claims”), resulting from, or alleged to result from: (1) your breach of these Terms of Use; (2) any Content or other material you provide to our Website, (3) your use of our Website’s content, (4) your violation of any applicable law, regulation, rule or order pertaining to your use of our Website; (5) your unauthorized or unlawful use of our Website; (6) any activity in which you engage in or through our Website; or (7) the unauthorized or unlawful use of our Website by any other person using your user name and password. We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims, and may assist you, at our expense and option, in defending any such Indemnified Claims.

    8. 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:

      ShopSquawk
      8895 Towne Centre Dr., Ste.105-169
      San Diego, CA 92122
      __________
      USA
      Attention: CFO

      Additionally, ShopSquawk accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

    9. 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.

      You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website or otherwise limit your use of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.

    10. 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.

    11. You Must be 13 or Older to Use this Website

      You must be fourteen (14) years of age or older to visit or use our Website in any manner. By accessing our Website and accepting these Terms of Use, you represent and warrant to us that you have reached the age of fourteen (14) years of age or older, and that you have the right, authority and capacity to agree to, and abide by, these Terms of Use.

    12. Your Right to Use our Website

      For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. Our Website is only for your personal and noncommercial use. You may not access our Website through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website.

      In addition, you may not (1) rent, lend, sublease or transfer this limited license or any data residing on our Website or any of your rights under these Terms of Use to anyone else, (2) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website, or (3) transfer to or store any data residing or exchanged over our Website in any electronic network for use by more than one Member without obtaining prior written permission from us.

      If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website. Any other use of our Website contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website and all related items.

    13. Complaint Procedure

      We built our Website to help you find a worker, to help you educate yourself, and to help you meet potential employers and other similarly situated job seekers. To achieve this purpose, we encourage you to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, these Terms of Use require that information posted by you be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, we provide a process for submission of complaints concerning content posted by you. Our policy and procedures can be found at our Complaint Procedure Regarding Content Posted on the ShopSquawk Websites.

    14. Export Control

      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.

  3. Our Rights and Obligations

    1. Availability of Website

      For as long as we operate it, we shall provide and seek to update, improve and expand the Website. As a result, we allow you to access our Website as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue our Website, partially or entirely, in our sole discretion. All of these changes shall be effective upon their posting on our Website or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and/or discard any content available as part of your account, with or without notice, if deemed by us to be contrary to these Terms of Use. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using our Website.

    2. Privacy Policy

      Our Privacy Policy is incorporated herein by this reference and made an integral part hereof. You should review our Privacy Policy carefully before agreeing to use our Website because our Privacy Policy governs our treatment of information about you, including personally identifiable information that you submit to use when you create a profile or when you participate in the features available at My Account. Please note that certain Content that you may submit to us, or message boards or blogs that you subscribe or contribute Content to might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any Content to us is completely voluntary on your part.

    3. 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.

      You may download and print a single copy of the Website for your personal use, provided that the content of the Website must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to Requests.

      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.

    4. Collection and Use of Your Content by Us

      The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to 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.

      You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (i) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce these Terms of Use; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (iv) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of ShopSquawk, our Members or the public.

      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.

    5. Monitoring

      We are under no obligation to monitor the information residing on or transmitted through our Website. However, you agree that we may monitor content on our Website (1) to comply with any applicable laws, regulations or other government requests; (2) to operate our Website properly or to protect us and/or Sponsors or advertisers; and (3) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted to our Website that we believe is unacceptable or in violation of these Terms of Use.

    6. 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.

    7. Links to Other Sites

      Our Website may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Members or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.

      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.

    8. 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.

    9. 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.

      IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH SECTION III (O) (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

      THIS LIMITATION OF LIABILITY SHALL (1) APPLY REGARDLESS OF WHETHER (a) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (b) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (c) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND (2) NOT APPLY TO ANY DAMAGE THAT WE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS OF USE. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF OUR WEBSITE OR THE CONTENT.

      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.

      Any claims made by you in connection with your use of our Website, or its content, must be brought within one (1) year of the date on which the event giving rise to such claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

    10. No Partnership

      You agree that no joint venture, partnership, employment or agency relationship exists between you and us (or any of our Sponsors) as a result of these Terms of Use or your use of our Website.

    11. Certain Legal Requirements

      Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in them will diminish our right to comply with law enforcement requests or requirements relating to your use of our Website or information provided to or gathered by us with respect to such use.

    12. Agreement

      These Terms of Use represent the entire binding agreement between you and us, and our respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding us, our Website or the content thereon. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    13. No Extraterritoriality

      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.

    14. Termination

      1. 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.

      2. 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.

      3. 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.

      4. Survivability

        The following provisions of these Terms of Use survive the expiration or termination of these Terms of Use for any reason whatsoever: Website Security Rules; Indemnification; ShopSquawk Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.

    15. 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.

    16. 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.

      You agree that these Terms of Use, as well as 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, directors, and agents, shall be governed by and construed in accordance with the laws of the United States in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.

    17. Other

      These Terms of Use constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.

      We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.

      If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

      Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.

      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.

      Entities that ShopSquawk owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you.

      The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.

      For further information relating to these Terms of Use, or to report a problem regarding the Website, please contact us through our contact page.

 

ShopSquawk Copyright Policy

ShopSquawk Terms of Use require that information posted by Customers be accurate, lawful and not in violation of the intellectual property rights of third parties. In order to help ensure this, we have a process for submission of complaints concerning content posted by our Customers. Our complaint process is as follows:

COMPLAINT PROCEDURE REGARDING CONTENT POSTED ON THE ShopSquawk.org WEBSITE

In accordance with our Terms of Use and these procedures, and regardless of whether we may be liable for any alleged violation of rights or inaccurate or unlawful content, we may remove or disable access to specific content appearing on the our website upon receipt of a verified notice asserting that the content infringes a copyright or other intellectual property rights (collectively, “IP Rights”), is inaccurate, or is otherwise unlawful. Whether or not we disable access to or remove content, we may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Customer who posted the content and/or take other reasonable steps to notify the Customer that we have received notice of an alleged violation of IP Rights or other content violation. The Customer may refute a claim by submitting a counter-notice (“Counter-Notice”) as permitted in these procedures. Any Counter-Notice submitted may be provided to the complainant with the Customer’s contact information.

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:

  1. A signature of the person authorized to act on behalf of the owner of the IP Rights;
  2. A description of the work that you claim has been infringed;
  3. A description specifying the location on our website of the material that you claim is infringing;
  4. Your telephone number and e-mail address;
  5. 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
  6. 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
USA

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:

  1. Your signature;
  2. Identification of the material removed or to which access has been disabled;
  3. 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;
  4. 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.