Terms of Service

Please read these Terms of Service carefully.

Effective Date: November 1, 2010

Service; Acceptance of Terms of Service
Job Rooster (“we”, “our” or “Job Rooster”) is an information service that works to reduce unemployment. We proudly own and operate JobRooster.com (the “Website”), and offer various services (the “Service”) to anyone looking for meaningful employment.

We provide: (a) the ability receive personalized text messages from Job Rooster regarding third party organizations to whom the user expressed an interest in such third party organizations’ products and/or services, (b) the ability to send messages to Job Rooster regarding a specific third party organization, and (c) the ability to receive messages directly from third party organizations whom the user has confirmed to Job Rooster that such user is interested. Our services include creating and disseminating career content, providing job matching services, and providing recommendations to local “upskilling” — primarily educational, training, and volunteer — opportunities.

This is a legal and binding contract between you and Job Rooster. Please read this Agreement carefully before registering for the Service. By completing your registration and clicking on the “I Accept” button below, by signing the agreement below, or by texting “Start” to 27697 you will become a registered user of the Service (a “user”) and you agree to be bound by the terms and conditions of this Agreement as well as our Privacy Policy for as long as you continue to be a user. If you do not agree to any provisions of this Agreement or our Privacy Policy, please do not register for the Service. Job Rooster reserves the right to limit or terminate your access to the Service if you do not comply with these Terms of Service.

Job Rooster reserves the right, at its sole discretion, to change, modify, update, add or remove portions of these Terms of Service at any time, with or without notice to you. Please check these Terms of Service periodically for changes. Your continued use of the Service after the posting of any changes to these Terms of Service or after we send a notice of any changes to you by e-mail or text message means that you have accepted those changes.

Eligibility

You must be 18 years of age or over to become a user. By using the Service or entering into this Agreement, you certify that you are 18 years of age or older. If we discover or have any reason to suspect that you are not 18 years of age or over or that you have knowingly provided false information to us, we reserve the right to suspend or terminate your use of the Service immediately and without notice.

By registering for the Service and using the Website or by entering into this Agreement, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the Terms of Service and our Privacy Policy.

Fees; Payment for Premium Service

These Terms of Service apply to both our free (“freemium”) and premium Service. There is no fee to use the freemium Service, but can also pay a monthly subscription fee to receive premium services that include access to additional career development content and an increased number of alerts and job matches per day.

You will be able to remit payment for premium Service through third party payment sites such as https://www.paypal.com/. Although we may share a limited amount of your information with such third party sites in order to initiate payment, and information so shared will be subject to the Privacy Policy, your dealings with such third party sites will be subject to such third party sites’ privacy policies and terms of service or use, as explained in Section 9 below.

Whether you use our freemium or premium Service, please note that standard message rates and data charges from your cellular service provider apply to sending and/or receiving text messages. You are solely responsible for such message rates and data charges.

Term of Service; Termination of Service; Consequences of Violation of Terms of Service

By entering into this Agreement, you agree that Job Rooster will provide online and text messaging job referral services to you and this Agreement will remain in full force and effect for as long as you are a user of the Service.

We reserve the right to terminate your use of the Service at any time, for any reason. In addition, we shall have the right to (a) terminate any portion of the Service if we determine in our sole discretion that your use of the Service is unlawful and/or prohibited by these Terms of Service; and (b) inform law enforcement of any illegal activity or material we suspect or discover on, through, or otherwise relating to the Service and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.

You may cancel use of our freemium Service at any time, for any reason, by sending the Company a written notice of cancellation via postal mail to 1706 Church Street, Suite 1243, San Francisco, CA 94131, via e-mail to support@jobrooster.com or by texting “Stop” to 27697. You may cancel use of our premium Service at any time, for any reason, by sending the Company a written notice of cancellation via postal mail to Job Rooster, 1706 Church Street, Suite 1243, San Francisco, CA 94131, via e-mail to support@jobrooster.com or by texting “Stop” to 27697. HOWEVER, ALL PREMIUM SERVICE FEES AND CHARGES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

Upon your cancellation of the Service, all service-related emails and texts from Job Rooster to you shall cease immediately; provided, however, that Job Rooster may send you emails to confirm your cancellation or to give you an opportunity to re-join the Service. Your access to the Service will cease within seven business days of us receiving your notice of cancellation. Your profile and account will be removed from the Website and your account will be deleted, provided, however, that we may maintain certain data regarding your account including your personally identifiable information for up to two years solely for record keeping purposes or such longer period as may be required by applicable law.

Restrictions on the Use of the Service

You may not use the Service to do any of the following:

  • Harass or encourage harassment of another person.
  • Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law.
  • Perform any activities that are misleading, malicious or discriminatory.
  • Transmit or perform via our Service any material or act that is hateful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, pornographic (or that contains nudity), graphically or gratuitously violent or otherwise objectionable.
  • Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act.
  • Impersonate any person or misrepresent in any way your affiliation with a person.
  • Transmit unsolicited mass mailings, “spam” or advertising or promotional materials.
  • Collect or store any information about other users, other than in the normal course of using the Service for their intended purpose.
  • Transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.

You may not do any of the following to the Service:

  • Use the Service in any manner that could damage, disable, overburden, disrupt or impair the Service or Website, or the network(s) connected to the Website, or interfere with any other party’s use of the Service..
  • Disobey any applicable policies or regulations of networks connected to the Service.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble the Service..
  • Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service.
  • Frame, reformat or otherwise make the Service available to third parties.
  • Create user accounts using any automated means or under false pretenses.
  • Prepare derivative works based on the Website or Service.
  • Remove any proprietary notices, labels or other identifying marks on content provided through the Website or Service.

Account Security

You are solely responsible for maintaining the confidentiality of your username, password and other access information or codes for the Service, and you are fully responsible for all activities that occur under your username, password and other access information or codes, even where your username, password and other access information or codes are used by someone else.

You agree to: (a) notify us without delay of any unauthorized disclosure or use of your username, password and other access information or codes or any other breach of security of which you become aware, and (b) if you are using the Website, ensure that you log off from your account at the end of each session. Particular caution should be exercised when accessing your account from a public or shared computer.

Job Rooster will not be liable for any loss or damage arising from your failure to comply with this Agreement.

Information

It is each user’s responsibility to keep his or her information up to date and current at all times. If your information is not up to date or current, we may not be able to process your requests effectively and your access to the Service may be interrupted. To update your personal information (e.g., your e-mail address, cellular telephone number, postal address) or your profile information, you may (a) log into your account on the Website, click on jobrooster.com and follow the instructions, (b) send your request in writing via e-mail to support@jobrooster.com, (c) send your request in writing via postal mail to Job Rooster, 1706 Church Street, Suite 1243, San Francisco, CA 94131, or (d) send a text message with “Support” to 27697.

No Responsibility for Third Party Organization Actions

You understand that the Service acts only as an interface between users and third party organizations and that Job Rooster does not itself verify the qualifications of such third party organizations and does not evaluate or control exchanges between users and the third party organizations beyond the initial introduction. Any opinions or statements expressed by a third party organization are those of the third party organization alone, and are not to be attributed to Job Rooster. Job Rooster cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness or legality of communications between users and third party organizations.

You understand that you may be exposed to content that you find offensive to you and that you use the Service at your own risk.

Third Party Web Sites, Service and Content

The Website and Service may contain links to third party sites (including, without limitation, third party payment sites) that are not under the control of Job Rooster, and Job Rooster is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Job Rooster endorses or accepts any responsibility for the content on any third party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Job Rooster is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Website or through the Service.

In addition, links to advertising that has not been approved by Job Rooster may be embedded in third party content displayed on the Website. Job Rooster is not responsible for any content, cookies, or other technology used in connection with such advertising.

We encourage you to be aware of when you leave the Website or link to other sites and to read those sites’ privacy policies and terms of service or use. These Terms of Service and Privacy Policy apply solely to the Website and Service.

Interstate and International Use

You consent to the collection and processing of personal information in the United States regardless of where you are located. All users understand the potential cross-border nature of communications made using the Service and acknowledge that using the Service may result in interstate and international transmission of data.

Service Access

While we will use all reasonable endeavors to ensure that the Website and/or Service is accessible at all times, we do not guarantee that it will be available uninterrupted or error free.

Access to the Website and/or Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Disclaimer of Warranty and Limitation of Liability; Ability to Change or Terminate Service

JOB ROOSTER provides the Website and the Service on an ‘as is’ basis and makes no representations or warranties of any kind, express or implied, with respect to the Service, the Website or any Website content provided by JOB ROOSTER. To the fullest extent permitted by law, Job Rooster hereby disclaims all representations and warranties (including, without limitation, implied warranties of merchantability and fitness for a particular purpose; warranties of title and non-infringement; warranties of data security and personal safety; warranties that the Service will be uninterrupted and error-free; warranties that all Website content provided by Job Rooster will be accurate, up to date, and error-free; warranties that the Service will be suitable for any user or will achieve any results for any user; and warranties that you will be compatible with any third party organization referred by us or that we will successfully match any third party organization with you) with respect to the Service, the Website, and all Website content provided by Job Rooster. All liability of Job Rooster howsoever arising based upon claims that it has made any representations or warranties with respect to the Service, the Website or any Website content provided by Job Rooster, is expressly excluded to the fullest extent permitted by law. If any state or other jurisdiction does not allow the exclusion or warranties, then Job Rooster’s warranties shall be limited in those jurisdictions to the extent permitted by law.

All warranties, conditions and other terms implied by statute, common law or otherwise are hereby excluded from this Agreement to the fullest extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JOB ROOSTER BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF DATA, PROPERTY, INCOME OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, THE WEBSITE OR INFORMATION AVAILABLE FROM THE SERVICE OR THE WEBSITE, EVEN IF JOB ROOSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL JOB ROOSTER BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE SERVICE IN EXCESS OF THE GREATER OF $10.00 US DOLLARS OR THE AMOUNT YOU PAID FOR THE SERVICE DURING THE PRECEDING THREE MONTHS.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Service. Job Rooster assumes no responsibility for and disclaims all liability for any inaccuracies, errors or omissions on the Service.

Job Rooster may terminate or make changes to all or any portion of the Service, product offerings, and any other information and materials available on or through the Service and may delete any content that has been submitted to the Service at any time and without notice or liability.

Indemnity

You agree to indemnify, defend, and hold Job Rooster and its affiliates, directors, officers, employees, agents, co-branders and partners harmless from any claim or demand made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms of Service or the Privacy Policy, or your violation of any rights of other users of the Service. Any such indemnification shall include the payment of reasonable attorneys’ fees incurred in the defense of such claim.

Notices

Job Rooster may be required by state or federal law to notify you of certain events. In addition, Job Rooster may need to notify you from time to time regarding changes to these Terms of Service, the Privacy Policy or the Service. You agree that such notices will be effective upon Job Rooster posting them on the Website, sending them to you through e-mail or postal mail or notifying of changes and updates via text message or notifying you by other means as required by law. If you do not provide Job Rooster with accurate information to contact you, Job Rooster will not be held liable if notification fails to reach you.

You consent to receiving any notices regarding the Terms of Service, the Privacy Policy, the Service or any notice required by law, including notice of a any breach of security involving your personally identifiable information, by posting them on the Website, through e-mail or through text message.
Any notices that Job Rooster sends to you by e-mail or text message will be sent to the e-mail address or cellular telephone number you have designated in your account

General Information

These Terms of Service, the Privacy Policy and any applicable guidelines or additional terms of the Service constitute the entire agreement between you and Job Rooster, govern your use of the Service and supersede any prior agreements between you and Job Rooster relating to your use of the Service (including without limitation any prior versions of these Terms of Service or the Privacy Policy). If you sign up or register for additional Job Rooster services that use third party content or third party software, you may also be subject to additional terms and conditions that apply to such third party content or third party software.

By accessing the Service you agree that the statutes and laws of the United States and the State of California, excluding those laws that direct the application of the laws of another jurisdiction, will apply to all matters relating to the use of the Service, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Santa Clara in the State of California, USA and you consent to the personal jurisdiction of those courts.

The failure of Job Rooster to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Service remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, these Terms of Service or the Privacy Policy must be filed within one year after the event giving rise to such claim or cause of action or be forever barred. All headings in these Terms of Service are for convenience only and have no legal or contractual effect.

Message and Data Rates Apply

Please note that standard message rates and data charges from your cellular service provider apply to sending and/or receiving text messages. You are solely responsible for such message rates and data charges.

Comments and questions

If you have any comments or questions you may address them to the customer service department at Job Rooster via e-mail at support@jobrooster.com, via postal mail addressed to Job Rooster, 1706 Church Street, Suite 1243, San Francisco, CA 94131, by telephone Monday through Friday (excluding holidays) from 8:00 a.m. to 5:00 p.m. Pacific Time at 1 800 377 9202, or by texting “Help” to 27697.

List of Supported Carriers:

  • Alltel
  • Associated Carrier Group (ACG)
  • AT&T Mobility
  • Boost
  • Cincinnati Bell
  • Nextel
  • Sprint
  • Tier 2/3 Carrier Group
  • T-Mobile
  • U.S. Cellular
  • Verizon Wireless
  • Virgin Mobile