Terms of Service - ICOET

1. ACCEPTANCE OF TERMS

Thank you for visiting our site. Your use of this site or any information or materials obtained from this site is subject to the following Terms of Service. The Terms of Service and any and all information or materials on this site are subject to change without notice. PLEASE READ THIS DOCUMENT CAREFULLY. Please indicate your agreement to comply with and be bound by the Terms of Service by clicking the "Continue" button. If you do not accept the Terms of Service stated here, do not use this Web site and its Services. By using this Web site and any of the information or materials from the site, you are indicating your acceptance to be bound by these Terms of Service. The term "You" as used herein refers to all individuals and/or entities accessing this Web site for any reason.

2. DESCRIPTION OF SERVICE

Imperial County of Employment and Training (ICOET) currently provides users with access to an abundant collection of on-line resources, including a Job Bank, Talent Bank, online forums, Business Resource Guide, Training and Education Resource Guide, Services Guide, Link Library, videos and educational content (the "Service"). Unless explicitly stated otherwise, any new features or information that is added to the site or which augment or enhance the current Service, including the release of new ICOET properties, shall be subject to the Terms of Service. ICOET may discontinue or make changes in information, products or services described herein. The information on this site is published as of the date the information is created or assembled and ICOET does not undertake any obligation or responsibility to update such information. You understand and agree that the Service is provided "as-is" and that ICOET assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information.

ICOET has provided links and pointers to Internet sites maintained by third-parties. Neither ICOET, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. Any reference to a hypertext link provided by ICOET to a specific Internet site, product, process, or service does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship between ICOET or any of its subsidiaries or affiliates, and anything found at such hypertext link or Internet sites, including but not limited to any organization, product, process, service or other information. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. The fullest extent permissible pursuant to applicable law, ICOET disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, system integration, data accuracy and non-infringement.

ICOET does not represent or endorse the accuracy or reliability of any of the information, job listings, resumes, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Web site (the "Services"), nor the quality of any products, information job listings, resumes, or other materials displayed, purchased, or obtained by you as a result of an advertisement, or any other information or offer, job listings or resumes or any training or employment decisions in connection with your use of PrimeWorks or Vataha. You hereby acknowledge that any reliance upon the Services or upon any Materials shall be at your sole risk. ICOET reserves the right, in its sole discretion and without any objection, to make improvement to, or correct any error or omissions in any portion of the Service or the Materials.

ICOET does not warrant that the functions contained in the services and/or materials will be uninterrupted or error free, that defects will be corrected, or that this site or any hypertext links are free of viruses or other harmful components. ICOET does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not ICOET) assume the entire cost of all necessary maintenance, repair or correction. ICOET is willing to immediately remove any hypertext link upon written request by the owner of the site to which this link references. The views and opinions expressed in any reference hypertext link do not necessarily state or reflect those of ICOET.

3. YOUR ACCOUNT CREATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's "Create an Account" form (such information being the "Account Data") and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ICOET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ICOET has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. PRIVACY

Account Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy .

5. USER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation after completing ICOET’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ICOET of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, and (c) defend, indemnify and hold harmless ICOET against any and all claims, actions, liabilities, damages, loss cost or expense based in any way upon the use of your password or account. ICOET cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not ICOET, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. ICOET does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ICOET be liable in any way for any Content, including, but not limited to, any errors or omissions, inaccuracy of content, computer viruses, malicious code or other defect in this site, incompatability between this website’s files and the user’s browser, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. You agree to not use the Service to:

1. upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a ICOET official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. "stalk" or otherwise harass another; or
13. collect or store personal data about other users without their expressed consent.

You acknowledge that ICOET does not pre-screen Content, but that ICOET and its designees shall have the right (but not the obligation) in their sole discretion to refuse, delete, change, remove or move any Content that is available via the Service. Without limiting the foregoing, ICOET and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ICOET or submitted to ICOET, including without limitation information in ICOET discussion forums, ICOET Job Bank and Talent Bank, and in all other parts of the Service.

You acknowledge and agree that ICOET may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ICOET, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. PUBLIC CONTENT POSTED TO ICOET

1. For purposes of the Terms of Service, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public ICOET discussion forums and ICOET Job Bank, but would not include private areas such as ICOET Talent Bank, or ICOET Office.
2. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant ICOET the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

8. INDEMNITY

You agree to indemnify, defend and hold harmless ICOET, and its subsidiaries, affiliates, officers, agents, partners, and employees against any and all claims, demands, actions, liabilities, damages, loss, costs or expenses, including reasonable attorneys' fees, arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

9. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that ICOET may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings, job postings, resume postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on ICOET's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ICOET has no duty, obligation, responsibility or liability to copy, maintain, store or document any postings, information, other communications or other Content maintained or transmitted by the Service. You acknowledge that ICOET reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ICOET reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SERVICE

ICOET reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ICOET shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that ICOET, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ICOET believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. ICOET may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that ICOET may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ICOET shall not be liable to you or any third-party for any termination of your access to the Service.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or 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 advertiser. You agree that ICOET shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. LINKS

There are links at this site that allow you to visit the Web sites of other organizations. Neither these sites nor the organizations to which they belong are controlled by ICOET. ICOET makes no representations concerning the information provided at these sites nor the quality or acceptability of the products or services offered by the individuals, companies or organizations referenced at these sites. ICOET has not tested and makes no representations regarding the correctness, performance, or quality of any software found at these sites. It is your responsibility to research and assess the risks that may be involved in accessing and using any software at these sites or on the Internet before using it. You acknowledge and agree that ICOET is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ICOET shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, Content, goods or Services available on or through any such site or resource.

15. ICOET'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by ICOET or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. ICOET grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ICOET for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as Available" basis. ICOET expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. ICOET makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any Services, information or other material obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtain by you from ICOET or through or from the Service shall create any warranty not expressly stated in the Terms of Service.

17. LIMITATION OF LIABILITY

Use of the information, features and service on this site is at your sole risk. You expressly understand and agree that ICOET shall in no event be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ICOET has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the Service; or (v) Any other matter relating to the Service.

18. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 16 and 17 may not apply to you.

19. NOTICE

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

20. COPYRIGHT INFORMATION

All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of LA Works, which reserves all rights. Re-use of any of LA Works' content and/or graphics for any purpose is strictly prohibited. The "look" and "feel" of LA Works sites, as well as their HTML, are unique to LA Works and may not be copied or adapted. This includes LA Works' color combinations, button shapes, layout, and all other graphical elements.

21. TRADEMARK INFORMATION

LA Works, the LA Works logo, the LA Works design and images, LA Works and other LA Works logos and product and Service names are trademarks of LA Works (the "LA Works Marks"). Without LA Works' prior permission, you agree not to display or use in any manner, the LA Works Marks.

PrimeWorks, the PrimeWorks design and images, and PrimeWorks trademarks and Service marks are trademarks of LA Works (the "LA Works Marks"). Without LA Works' prior permission, you agree not to display or use in any manner, the LA Works Marks.

22. GENERAL INFORMATION

The Terms of Service constitute the entire agreement between you and ICOET and govern your use of the Service, superceding any prior agreements between you and ICOET. You also may be subject to additional Terms of Service that may apply when you use third-party content or third-party software. The Terms of Service and the relationship between you and ICOET shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and ICOET agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of ICOET to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction 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 the other provisions of the Terms of Service remain in full force and effect. You agree that 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 or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

23. VIOLATIONS

Please report any violations of the Terms of Service to onestopeeo@icoet.org.

Contact onestophelp@icoet.org with questions or comments regarding this site.
Copyright © 2003 One Stop. All rights reserved.Terms of Service

Last modified: Wednesday May 14, 2003.