Driver - Flying Food Group, Inc. (Hawaii)
You agree that by utilizing the Jobalign.com website or any other Jobalign.com service (collectively, the “Site”), you are entering into a legally binding agreement with Jobalign.com Inc., PO Box 2787, Kirkland WA, USA (“Jobalign.com”), based on the terms of this Jobalign.com Terms of Service,Jobalign.com Cookies Policy and the Jobalign.com Privacy Policy (as they may be amended from time to time), (collectively referred to as the “Agreement”). If you do not agree with any terms of this Agreement, you may not use the Site.
Job Content
The jobs contained in the Site, may have been created by people over whom Jobalign.com exercises no control. Jobalign.com’s job search results are indexed in an automated manner and Jobalign.com does not screen the jobs. Jobalign.com assumes no responsibility for the content of any job listing or website that is either included in Jobalign.com’s search results or linked to by Jobalign.com.
Use of Jobalign.com
Jobalign.com’s services are for your personal, non-commercial use only. If you wish to make commercial use of the Site, you must enter into an agreement with Jobalign.com to do so in advance. Please contact us for more information.
Ownership and Rights to Use Materials
If you post content or submit material, you grant Jobalign.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant Jobalign.com, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You agree not to impersonate any person or communicate under a false name or a name you are not entitled or authorized to use. You will defend and indemnify Jobalign.com and its affiliates from any claims resulting from any content or materials you provide hereunder.
At your discretion, you may provide feedback to Jobalign.com concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grant Jobalign.com a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that Jobalign.com may disclose that Feedback to any third party in any manner and you agree that Jobalign.com has the ability to sublicense all Feedback in any form to any third party without restriction.
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Jobalign.com, unless you have been specifically allowed to do so in a separate agreement with Jobalign.com. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the services or site). Unless you have been specifically permitted to do so in a separate agreement with Jobalign.com, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site, or any portion thereof or content contained therein, for any purpose. You agree that you are solely responsible for (and that Jobalign.com has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Jobalign.com may suffer) of any such breach.
Jobalign.com reserves the right to use the content of messages sent through Jobalign.com to prevent potentially illegal activities or activities that are detrimental to other users. Jobalign.com reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
Registration
Some areas of the Site require you to register. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Site to any third party. We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.
Examples and Violations
In addition to (and/or as some examples of) the violations described in the Terms of Service, users you not:
Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to: (a) sending messages in violation of the CAN-SPAM Act or any other applicable anti-spam law (b) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam (c) data mining any Jobalign.com property to find contact information (d) sending messages to users who have asked not to be contacted (e) selling, exchanging or distributing to a third party the contact information of any person without such person’s knowing and continued consent to such disclosure. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature Conduct or forward pyramid schemes and the like Transmit content that may be harmful to minors Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission Use the Site to violate the legal rights (such as rights of privacy and publicity) of others Promote or encourage illegal activity Interfere with other Jobalign.com users’ enjoyment of the Site Create multiple user accounts in connection with any violation of this Agreement or create user accounts by automated means or under false or fraudulent pretenses Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Jobalign.com account Modify, adapt, translate, or reverse engineer any portion of the Site Remove any copyright, trademark or other proprietary rights notices contained in or on the Site Reformat or frame any portion of the web pages that are part of the Site without Jobalign.com’s explicit permission Contact other Jobalign.com users about multi-level marketing (MLM) programs, jobs that require payment to start, and any topics Jobalign.com considers detrimental to its users Create multiple Jobalign.com accounts without permission Bypass any limitations or suspensions of functionality Provide false information in the course of using the SiteAdditional Terms Applicable to Employers
The following terms apply to users accessing the Site as employers:
You are responsible for maintaining the confidentiality of your employer account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Jobalign.com registrations and passwords, whether or not authorized by you. You agree to immediately notify Jobalign.com of any unauthorized use of Your employer account, Profile, or passwords. Employers are solely responsible for their postings on the Site. Jobalign.com is not to be considered to be an employer with respect to your use of the Site and Jobalign.com shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Site. You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from Jobalign.com, including saved applicant profile and interview responses, network contacts, and email mailing lists, will be marked as disabled in and may or may not be deleted from Jobalign.com’s databases. Information may continue to be available for some period of time because of delays in propagating such disablement through Jobalign.com’s web servers.
Job Postings
A job postings may not contain:
any hyperlinks, other than those specifically authorized by Jobalign.com; misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Jobalign.com’s reasonable discretion; the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Jobalign.com; the names of colleges, cities, states, towns or countries that are unrelated to the posting; more than one job or job description, more than one location, or more than one job category, unless the product so allows; inaccurate, false, or misleading information; and material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.You may not use your Jobalign.com job posting to:
post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property; post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract; post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; post jobs or other advertisements for competitors of Jobalign.com or post jobs or other content that contains links to any site competitive with Jobalign.com; sell, promote or advertise products or services; post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement; post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents; post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling; promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099; post jobs on the Site for modeling, acting, talent or entertainment agencies or talent scouting positions; advertise sexual services or seek employees for jobs of a sexual nature; request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy; endorse a particular political party, political agenda, political position or issue; promote a particular religion; post jobs located in countries subject to economic sanctions of the United States Government; except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offenses or proceedings or (vii) age.Jobalign.com reserves the right to remove any job posting or content from the Site, which in Jobalign.com’s sole discretion, does not comply with the above Terms, or any other reason. If at any time during your use of the Site, you made a misrepresentation of fact to Jobalign.com or otherwise misled Jobalign.com in regards to the nature of your business activities, Jobalign.com will have grounds to terminate your use of the Site. You shall be charged based on the amount indicated by Jobalign.com pricing schedules. You shall pay all charges in US dollars. Charges are exclusive of taxes. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Jobalign.com incurs collecting late amounts. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Refunds (if any) are at the discretion of Jobalign.com and only in the form of credit for Jobalign.com services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Jobalign.com may be shared by Jobalign.com with companies who work on Jobalign.com’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Jobalign.com and servicing your account. Jobalign.com may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Jobalign.com shall not be liable for any use or disclosure of such information by such third parties.
Change In Service and Terms
Jobalign.com may modify or terminate the Jobalign.com services from time to time, for any reason, and without notice. Jobalign.com reserves the right to modify this Agreement from time to time without notice so check back often to review this Agreement. Your continued use of the Site following any changes to this Agreement constitutes your acceptance of the revised Agreement and any further use of the Site is subject to the revised Agreement.
Disclaimer of Warranties
Jobalign.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Jobalign.com results or posted on the Jobalign.com website by Jobalign.com or third parties. Jobalign.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Jobalign.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Jobalign.com site or on other sites on the Internet accessed through Jobalign.com.
THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. JOBALINE.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOBALINE.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, NON-INFRINGEMENT AND PERFORMANCE OF THE SITE. JOBALINE.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. JOBALINE.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY JOBALINE.COM.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL JOBALINE.COM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF JOBALINE.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Jobalign.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Jobalign.com infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Jobalign.com to locate the material on the site;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Jobalign.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Jobalign.com Copyright Notice, PO Box 2787, Kirkland, WA 98083 (copyright @ Jobalign.com). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Miscellaneous
This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any action arising out of this Agreement shall be brought in the state or federal courts located in Seattle, Washington and you hereby agree to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by Jobalign.com.
By using this site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property.
The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Jobalign.com’s proprietary rights in them.
Jobalign.com reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the service or site other than your content. Any use of materials or descriptions; any derivative use of this site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the site or any materials contained therein.
Change of Address
If you change your billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be under contract with the same Jobalign.com party for the remainder of the month in which you made the change. At the next month, your contract will be with the Jobalign.com party identified in the first paragraph of this Agreement
