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TrainerView: Terms of Service


Overview

This page states the Terms of Use (“Terms”) under which you (as defined below) may use TrainerView, an on-line service to post and search employment opportunities and User (as defined below) profiles. TrainerView features an on-line community designed to facilitate valuable professional and personal networking among its Users based on common experiences and interests. TrainerView also allows Users to create individual profiles, which may include personal information (“Profiles”), and to make these Profiles, or aspects thereof, public.

These Terms include the TrainerView Privacy Policy and Terms of Service, which are incorporated into these Terms by reference. Please read these Terms carefully. If you do not accept the Terms stated here, do not use TrainerView and its services. By using TrainerView, you agree to be bound by these Terms, including the TrainerView Privacy Policy and Terms of Service.

TrainerView LLC (“TrainerView”) may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on you. The terms “you” and “User” as used herein refer to all individuals and/or entities accessing TrainerView for any reason. The term “post” as used herein shall mean information that you submit, publish or display on any TrainerView Site (as defined below).

1. Eligibility

You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use TrainerView in any manner. By visiting TrainerView or accepting these Terms, you represent and warrant to TrainerView that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to TrainerView that you will use TrainerView in a manner consistent with any and all applicable laws and regulations.

2. Use of TrainerView Content

The contents of trainerview.com, and of all other Web sites under TrainerView’s control, whether partial or otherwise (trainerview.com and such other Web sites are sometimes collectively referred to as “TrainerView Sites”) such as text, graphics, images, logos, button icons, software, videos and other TrainerView content (collectively, “TrainerView Content”), are protected under both United States and foreign copyright, trademark and other laws. All TrainerView Content is the property of TrainerView or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the TrainerView Sites is the exclusive property of TrainerView and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the TrainerView Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original TrainerView Content on any authorized copy you make of the TrainerView Content.

You agree not to sell or modify the TrainerView Content or reproduce, display, publicly perform, distribute, or otherwise use the TrainerView Content in any way for any public or commercial purpose, in connection with products or services that are not those of TrainerView, in any other manner that is likely to cause confusion among consumers, that disparages or discredits TrainerView or its licensors, that dilutes the strength of TrainerView’s or its licensor’s property, or that otherwise infringes TrainerView’s or its licensor’s intellectual property rights. You further agree to in no other way misuse TrainerView Content that appears on this Site. The use of the TrainerView Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that TrainerView creates to generate or display any TrainerView Content or the pages making up any TrainerView Site is also protected by TrainerView’s copyright and you may not copy or adapt such code.

3. TrainerView Site Restrictions

Users may not use any TrainerView Site in order to transmit, post, distribute, store or destroy material, including without limitation, TrainerView 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 TrainerView 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 any TrainerView 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 newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. TrainerView will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
In order to ensure a safe and effective experience for all of our customers, TrainerView reserves the right to limit the amount of data (including profile views) that may be accessed by you in any given time period. These limits may be amended in TrainerView’s sole discretion from time to time.

4. Specific Prohibited Uses

The profile posting, profile database (“TrainerView Profile Database”) and other features of TrainerView may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. TrainerView Profiles may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.

TrainerView specifically prohibits any other use of TrainerView, and all Users agree not to do any of the following:
  • post any profiles on any TrainerView Site for any competitor of TrainerView or post content that contains links to any site competitive with TrainerView;
  • post content on any TrainerView Site that contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the profile or are otherwise misleading;
  • use any TrainerView Profile Database for any purpose other than as an employer seeking employees,
    including but not limited to using the information in the TrainerView Profile Database to sell or promote any products or services;
  • post or submit to any TrainerView Site any incomplete, false or inaccurate biographical information or
    information which is not your own;
  • send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding
    promotions and/or advertising of products or services to a User of any TrainerView Site;
  • delete or revise any material posted by any other person or entity;
  • take any action that imposes an unreasonable or disproportionately large load on any TrainerView 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, avatars or intelligent agents) to navigate or search any TrainerView Site other than the search engine and search agents available from TrainerView on such TrainerView Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);
  • decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way
    making up a part of any TrainerView Site;
  • aggregate, copy or duplicate in any manner any of the TrainerView Content or information available from any TrainerView Site, without express written consent from TrainerView; or
  • frame or link to any TrainerView Content or information available from any TrainerView Site.
TrainerView does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 9 below.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, TrainerView may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. TrainerView has no liability or responsibility to Users for performance or nonperformance of such activities.

5. Registration Information

When you register with any TrainerView Site, you will be asked to create an account and provide TrainerView with certain information including, without limitation, a valid email address (your “Information”). Information you submit will be used in accordance with TrainerView’s Privacy Policy.

TrainerView reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by TrainerView or by third parties. Please see TrainerView’s Privacy Policy, the terms of which are incorporated herein by reference, for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, TrainerView does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through TrainerView or any other TrainerView Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

You understand and acknowledge that you have no ownership rights in your Account, and that if you cancel your Account, all your account information from TrainerView, including Profiles, videos, photographs, talent pools, and contact information, will be marked as deleted in TrainerView’s databases and will be removed from any public area of the TrainerView Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through TrainerView’s web servers. In addition, third parties may retain personal copies of your Information.

6. User Content and Submissions

You are solely responsible for your Account information or Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information (“User Content”) that you post on any TrainerView Site or transmit to other Users. You agree that in submitting User Content or otherwise using any TrainerView Site that you will not impersonate any person, or submit any materials to TrainerView that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

By posting User Content to any public area of any TrainerView Site, including without limitation, Profiles and forums, you automatically grant to TrainerView and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into 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) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

You also represent and warrant that you have the right to grant or 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. If you post User Content in any public area of any TrainerView Site, 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 any TrainerView Site retains any and all rights that may exist in such User Content.

TrainerView acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, TrainerView may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any TrainerView Site. TrainerView reserves the right to expel Users and prevent their further access to the TrainerView Sites and/or use of TrainerView services for violating the Terms or applicable laws, rules or regulations. TrainerView may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for TrainerView, damage TrainerView’s brand or public image, or cause TrainerView to lose (in whole or in part) the services of its ISPs or other suppliers.

TrainerView 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. You acknowledge that any reliance on material posted by other Users will be at your own risk. The following is a partial list of User Content that is prohibited on the TrainerView Sites. The list below is for illustration only and is not a complete list of all prohibited User Content. Content that:
  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • harasses, incites harassment or advocates harassment of any group or individual;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive,
    threatening, obscene, defamatory or libelous;
  • displays or links to pornographic, indecent or sexually explicit material of any kind;
  • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
  • provides instructional information about illegal activities or other activities prohibited by these Terms,
    including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
  • solicits passwords or personal identifying information from other Users.
Any Profile you submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you. You may not include in your Profile information any telephone numbers, street addresses, email addresses or other means of contacting you that can be viewed publicly for non-registered Users of the site.

In order to protect our TrainerView Networking Users from commercial advertising or solicitation, TrainerView reserves the right to restrict the number of e-mails which a User may send to other Users to a number which TrainerView deems appropriate in its sole discretion.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, TrainerView may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. TrainerView has no liability or responsibility to Users for performance or nonperformance of such activities.

We appreciate hearing from our Users and welcome your comments regarding our services and the TrainerView Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of TrainerView. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. TrainerView 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 any other person.

7. Registration and Password

You are responsible for maintaining the confidentiality of your Account, Profile and passwords, as applicable, and if you are a TrainerView Subscriber, your Billing Account. You shall be responsible for all uses of your TrainerView registrations and passwords, whether or not authorized by you. You agree to immediately notify TrainerView of any unauthorized use of your account, Profile, passwords, or TrainerView Subscriber Billing Account, as the case may be.

8. Policy Regarding Termination Of Users Who Repeatedly Infringe The
Copyright Or Other Intellectual Property Rights Of Others

TrainerView, and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of TrainerView, you agree not to use TrainerView or any other TrainerView Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any TrainerView Users, and block access to TrainerView and/or the other TrainerView Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.

9. TrainerView’s Liability

TrainerView acts as a venue for employers to search and contact candidates who have posted work experience Profiles, and is not obligated to screen or censor the listings, including Profiles offered. Users are not representatives of or affiliated with TrainerView or, generally, employed by TrainerView. TrainerView is not involved in the actual transaction between employers and candidates. As a result, TrainerView has no control over User Content, the quality, safety or legality of profiles posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and TrainerView makes no representations about any profiles or User Content on TrainerView. TrainerView may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for TrainerView, damage TrainerView’s brand or public image, or cause TrainerView to lose (in whole or in part) the services of its ISPs or other suppliers. While TrainerView reserves the right in its sole discretion to remove User Content, profiles or other material from TrainerView from time to time, TrainerView does not assume any obligation to do so and disclaims any liability for failing to take any such action.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through TrainerView and/or the other TrainerView Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using TrainerView and/or the other TrainerView Sites.

Because User authentication on the Internet is difficult, TrainerView cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any TrainerView Site, in the event that you have a dispute with one or more Users, you release TrainerView (and our agents and employees) from claims, demands and damages (actual and consequential and 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.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

The TrainerView Sites and the TrainerView Content may contain inaccuracies or typographical errors. TrainerView makes no representations about the accuracy, reliability, completeness, or timeliness of any TrainerView Site or the TrainerView Content. The use of all TrainerView Sites and the TrainerView Content is at your own risk. Changes are periodically made to TrainerView Sites and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any User Content or material contained therein placed by you on the TrainerView Sites. Users are solely responsible for their postings on TrainerView Sites. TrainerView is not to be considered to be an employer with respect to your use of any TrainerView Site and TrainerView shall not be responsible for any employment decisions, for whatever reason, made by any entity posting profiles on any TrainerView Site.

TrainerView cannot guarantee and does not promise any specific results from use of TrainerView or any TrainerView Site. No advice or information, whether oral or written, obtained by a User from TrainerView or through or from TrainerView or any other TrainerView Site shall create any warranty not expressly stated herein.

10. Disclaimer of Warranty

TRAINERVIEW DOES NOT WARRANT THAT ANY TRAINERVIEW SITE WILL OPERATE ERROR-FREE OR THAT ANY TRAINERVIEW SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY TRAINERVIEW SITE OR THE TRAINERVIEW CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TRAINERVIEW IS NOT RESPONSIBLE FOR THOSE COSTS. THE TRAINERVIEW SITES AND TRAINERVIEW CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TRAINERVIEW, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRAINERVIEW MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TRAINERVIEW CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

11. Disclaimer of Consequential Damages

IN NO EVENT SHALL TRAINERVIEW, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY TRAINERVIEW SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY TRAINERVIEW SITE AND THE TRAINERVIEW CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAINERVIEW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Limitation of Liability

TRAINERVIEW’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY TRAINERVIEW SITE OR YOUR USE OF THE TRAINERVIEW CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

13. Links to Other Sites

TrainerView and certain other TrainerView Sites contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by TrainerView of the contents on such third-party Web sites. TrainerView is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

14. No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any TrainerView Site.

15. Indemnity

You agree to defend, indemnify, and hold harmless TrainerView, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to any TrainerView Site, (ii) your use of any TrainerView Content, or (iii) your breach of these Terms. TrainerView shall provide notice to you promptly of any such claim, suit, or proceeding.

16. General

TrainerView makes no claims that the TrainerView Content may be lawfully viewed or accessed outside of the United States. Access to the TrainerView Content may not be legal by certain persons or in certain countries. If you access a TrainerView or other U.S.-based TrainerView Sites from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, TrainerView’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect TrainerView’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of TrainerView, a particular “Legal Notice,” or software license or material on particular TrainerView pages, these Terms constitute the entire agreement between you and TrainerView with respect to the use of TrainerView. No changes to these Terms shall be made except by a revised posting on this page.

17. Additional Terms

Certain areas of TrainerView and the other TrainerView Sites are subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas.

18. Term and Termination

These Terms will remain in full force and effect while you are a User of TrainerView at any level. TrainerView reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from TrainerView and the other TrainerView Sites and immediate termination of your registration with or ability to access TrainerView and the other TrainerView Sites and/or any other services provided to you by TrainerView, upon any breach by you of these Terms or if TrainerView is unable to verify or authenticate any information you submit to TrainerView or pursuant to other TrainerView Site registration. Even after you are no longer a User of TrainerView, certain provisions of these Terms will remain in effect, including Sections 2, 6, and 8 through 18, inclusive.

These Terms constitute a binding agreement between you and TrainerView, and is accepted by you upon your use of the TrainerView Site.