SHiFT Terms of Service
This page states the "Terms and Conditions of Use" under which users may use SHiFT.GKCBLN.com, an on-line service that matches job-seeking individuals with interested employers based on information entered by those job seekers and employers ("SHiFT" or the "Site"). The terms "You" and "User" as used herein refer to all individuals or entities accessing this web site for any reason. These Terms and Conditions of Use include the SHiFT Privacy Statement, which is incorporated into these Terms and Conditions of Use by reference.
Please read this page carefully. By using the Site, You are indicating your agreement and acceptance to be bound by these Terms and Conditions of Use. If You do not accept the Terms and Conditions of Use stated here, do not use the Site. GKCBLN ("GKCBLN", the "Company", "we" or "us") may revise these Terms and Conditions of Use at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions of Use, because they are binding on You.
The Site may only be accessed and used by persons who have obtained a valid password to access the Site from the Company.
Notwithstanding the foregoing, the Company reserves the right, in its sole discretion, to deny access to the Site by any User or to modify, suspend or terminate any User's access to or use of the Site at any time, for any reason or for no reason, without notice.
In no event may this Site be used or linked to by third party recruiters or by any party charging a fee for access to this Site or for access to any information gathered in this Site (including, but not limited to, employment clearing houses, employment placement/outplacement agencies, search firms, headhunters, temporary worker agencies, or employment consultants).
Users under the age of 18 must enter into an additional separate agreement with the Company prior to using the Site.
Each User will be assigned a unique password, which will enable such User (and only such User) to access and use those portions of the Site that they are authorized to use. You are responsible for maintaining the confidentiality and security of your password, and for all uses of your password or registration and all activities that occur under your password or account, whether or not authorized by you. You agree (a) not to disclose or share your password with any third party, (b) to use your best efforts to prevent any third party from obtaining your password, and (c) to inform us immediately of any actual or potential unauthorized use of or access to your password or to the Site. However, you may disclose your password to an individual who is providing support to you in connection with your use of the Site. No User shall create more than one account on the Site without the prior written consent of the Company in each instance.
2. Use of SHiFT Content.
The Company authorizes You to view and access a single copy of the content available on or from the Site solely in accordance with these Terms and Conditions of Use. The contents of SHiFT, and of all other web sites under the Company's control, whether partial or otherwise, including text, graphics, images, logos, button icons, look and feel, software or any other data or information contained on the Site (the "Content"), are protected under both United States and foreign copyright, trademark and other laws. All of the Content is the property of the Company or its content suppliers. The collection, arrangement and assembly of all content on the Site are the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Content on any copy You make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the source or HTML code the Company uses or creates to generate any Content or the pages making up the Site which is also protected by the Company's copyright. SHiFT is only providing You with the right to access and use the Site. SHiFT retains sole and exclusive ownership of and all right, title, and interest in and to the Site (including ownership of all trade secrets, trade dress, copyrights, and other intellectual property interests pertaining to the Site) and to all modifications and enhancements of the Site, subject only to the rights and privileges expressly granted to You hereunder. In addition, the Site is presented with a distinctive "look and feel," and this "look and feel" is the proprietary property of SHiFT. SHiFT reserves all rights in and to the Site not expressly granted hereunder. You may not use, copy, modify, or distribute the Site or the Services (electronically or otherwise), including the source code for any portion of the Site or the Service, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by SHiFT herein. You may not modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Site. You may not transfer, lease, assign, rent, or sublicense the rights granted hereunder, or make the Site available for the use of others. You may not use any portion of the Site for any purpose other than its intended purpose.
3. Site Restrictions.
Users may not use the Site to transmit, distribute, store or destroy material, including without limitation Content:
- in violation of any applicable law or regulation;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or
- that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any part of the Site, including, without limitation the following activities:
- accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may contact, involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Specific Prohibited Uses.
The Site may be used only for lawful purposes by individuals seeking employment by employers seeking employees, and by organizations and individuals providing or seeking to provide services or products to such individuals and/or employers.
The Company specifically prohibits any other use of the Site, and all Users agree not to do any of the following:
- post content that contains links to any site competitive with the Company;
- post content on the Site that contain any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the content or are otherwise misleading; use the user profile or resume information posted on the Site for any purpose other than as an individual seeking employment or an employer seeking employees, including but not limited to using the information to sell or promote any products or services;
- post or submit any incomplete, false or inaccurate biographical information or information which is not your own;
- post on the Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;
- use information on the Site to send to any user of the Site unsolicited communications, including but not limited to sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions or advertising of products or services;
- delete or revise any material posted by any other user or the Company;
- take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
- notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, scrapers, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from the Company on the Site and other than generally available third party web browsers;
- aggregate, copy or duplicate in any manner any of the Content or information available from the Site;
- frame or link to any of the Content or information available from the Site;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or enable or facilitate the Site to be used by or linked to by third party recruiters or by any party charging a fee for access to the Site or for access to any information gathered in this Site (including, but not limited to, employment clearing houses, employment placement or outplacement agencies, search firms, headhunters temporary worker agencies, or employment consultants) without the prior written consent of SHiFT in each instance.
Job seekers may not reply to an employment advertisement for any reason except to apply for the job listed or to request information about the job advertised. Employers may not contact a job seeker for any reason, except to initiate communication regarding a bona fide employment opportunity. Employers or anyone with access may not print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment.
Users may not register email addresses they do not own or for which they do not have the express permission of the owner to register.
5. Registration Information.
When You register with the Site, You will be asked to provide the Company with certain information including, without limitation, your name, address, a valid email address, and other personal characteristics. All personally identifiable information you provide to us is protected under and subject to our Privacy Statement, which is published on this Site, and amended from time to time.
In addition to the Terms and Conditions of Use and the Privacy Statement applicable to the Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.
6. User Content and Submissions.
As a user, You are responsible for your own communications and are responsible for the consequences of their posting. You are solely responsible for your content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on the Site or transmit to other Users.
By submitting or posting User Content to any public or non-public area of the Site, You grant the Company and its affiliates the royalty-free, perpetual, irrevocable, worldwide, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) and 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 in each case for the purposes set forth in these Terms and Conditions of Use. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content.
Users must not, and by using the Site agree not to, among others, do the following things:
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
- post material that reveals trade secrets, unless you own them or have the permission of the owner;
- post material that infringes on any other intellectual property rights of other or on the privacy or confidentiality or publicity rights of others, or that reveals any information that should be known to the User to be confidential or proprietary;
- post material that is false, misleading, obscene, defamatory, threatening, harassing, abusive, hateful, harmful, tortuous, embarrassing to another user or any other person or entity, or that is otherwise objectionable or that could constitute an incitement to unlawful conduct;
- post a sexually-explicit image or statement;
- post advertisements or solicitations of business;
- impersonate another person; nor
- post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, impair, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
SHiFT reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms and Conditions of Use, including without limitation, removing the User Content from the Site and terminating the offending User's ability to access the Site. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
The Company does not independently verify the information provided by candidates or the identity of candidates. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. The Company does not recommend particular candidates for particular jobs but instead creates and makes available lists of potential candidates suitable for particular jobs. The Company is not involved in any interaction, transaction or negotiation between employers or job candidates, and has no obligation to preview, screen, edit or monitor the listings, resumes or other User-submitted content on the Site. The Company has no control over and takes no responsibility for (a) the truthfulness, accuracy, quality, safety, morality, desirability or legality of the company information, job postings, resumes or other candidate data, communications or information or any other User communications or User- submitted content on the Site, (b) the ability of employers to offer job opportunities or the ability of candidates to fill job openings, or (c) the hiring, recruiting or other practices of any User. Nothing on the Site shall be deemed to be an endorsement, representation or warranty by the Company with respect to any User, employer, job applicant or third party, or any content, information or communication provided by any of them. You acknowledge that any reliance on any material or communication posted or transmitted by another User will be at your own risk.
7. The Company's Liability.
The Site acts as a venue for employers to post job opportunities and candidates to post resumes and information about themselves. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company makes no representations about any jobs, resumes or User Content on the Site.
The Site also acts as a venue for blogs and opinion pieces written by third parties. Except for the articles and blogs explicitly designated as being written by SHiFT, the content in the Blogs and Articles pages on SHiFT.GKCBLN.com -- including the contents of specific postings and articles -- is provided by and is the responsibility of the person or persons who made such postings or wrote such article , not SHiFT. SHiFT does not (i) endorse any blogs posted or articles written by third parties or (ii) have an obligation to monitor the content of blogs posted or articles written by third parties and takes no responsibility for such content (including the accuracy or reliability of any information therein). The blogs and articles, including those written by SHiFT contain information, facts and opinions of non-professionals, and as such the information, facts and opinions are not a substitute for professional advice. The blogs and articles, including those written by SHiFT, are for informational purposes only and you agree that your use of any such information, facts or advice is at your own risk. THE BLOGS AND ARTICLES, INCLUDING THOSE WRITTEN BY SHiFT, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
You assume all risks associated with dealing with other users with whom You come in contact through the Site. The Company cannot and does not confirm that each User is who they claim to be. Because we cannot be involved in user-to-user dealings and do not and cannot control the behavior of participants on the Site, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Users who are residents of California are hereby deemed to have waived California Civil Code d1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Site. Employers are solely responsible for their postings on Site. The Company is not to be considered to be an employer with respect to your use of the Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Site.
SHiFT cannot guarantee and does not promise any specific results from use of the Site. No advice or information, whether oral or written, obtained by a User from the Company or through or from SHiFT.GKCBLN.com shall create any warranty not expressly stated herein.