Terms of Use

Tri-Valley Connect Terms of Use (Service)

Effective July 3, 2019

1.  Acceptance of the Terms

1.1    These Terms of Use (“Terms”) are entered into by and between you (“you,” “your,” “user,” “Job Poster” or “Job Seeker”) on the one hand, and Innovation Tri-Valley Leadership Group, Inc. (“Innovation Tri-Valley”) and Innovation For Green Advanced Transportation Excellence Development Corporation (“i-GATE”) (collectively, “TRIVALLEY CONNECT,” “we,” “our,” or “us”) on the other hand.  These Terms govern your access to and use of https://trivalleyconnect.org including but without limitation to the job board platform  operated by MONDAY.vc, as well as any other websites, mobile apps, and other portals through which TRIVALLEY CONNECT makes its services available (collectively, the “Site”), and all associated services, including, but not limited to, job listing services (collectively “Services”).

1.2    Please carefully read the Terms before you start using the Site.  By using the Site, you accept and agree to be bound and abide by these Terms.  If you do not want to agree to these Terms, you must not access or use the Site.

1.3    You agree to read and be subject to the terms and policies of MONDAY.vc found here: https://www.monday.vc/trust/terms and to read and subject to the terms and policies of any other website to which you connect through the Site.

1.4    Eligibility Requirements.    By using this Site, you represent and warrant that you are of legal age to form a binding contract with TRIVALLEY CONNECT and meet all of the following eligibility requirements:

a.  If you are an individual seeking employment and/or career information (“Job Seeker”), you must be at least 18 years of age or older.

b.  If you are an employer seeking individuals to employ, you must be approved by TRIVALLEY CONNECT prior to your job(s) being posted (“Job Poster”).

If you do not meet all of these requirements, you must not access or use the Site.

2.  Changes to the Terms of Service

2.1    We may revise and update these Terms of Service from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

2.2    Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes.  You are expected to check this page with a frequency that is commensurate to your use of the Site, so you are aware of any changes, as they are binding on you.

3.  Use of TRIVALLEY CONNECT Services

3.1    The goal of our Services is to directly connect Job Posters with Job Seekers as quickly as possible.  These guidelines help to ensure that Job Seekers enjoy an optimized experience where they can be connected to real jobs and real job applications.

3.2    Our Services include listing available positions (“Job Postings”) and other job-related content, including providing links to third party websites for descriptions of these positions.  This platform providing Job Postings is known as the “Job Board.”  You acknowledge and understand that TRIVALLEY CONNECT has no control over the Job Board, which is operated by MONDAY.vc.  You acknowledge and understand that TRIVALLEY CONNECT has no control over Job Postings, which are generated by third party Job Posters over whom TRIVALLEY CONNECT exercises no control.  TRIVALLEY CONNECT is not responsible for any content reflected in any Job Posting or any application or any payment that may be asked of you by a third party associated with a Job Posting.  You acknowledge and agree that your use of third-party links or websites from the Site, and your entering into agreements with these third parties, are carried out at your own risk.

3.3     The Job Board and its features, including without limitation Job Postings, may be used only by Job Seekers and Job Posters.

3.4     Jobs Postings are meant to be illustrative, not exhaustive.  Jobs listed on our Job Board are primarily located in the Tri-Valley region, which comprises Danville, Dublin, Livermore, Pleasanton and San Ramon, California, U.S.  Job Postings offered in contiguous areas will be considered by TRIVALLEY CONNECT on a case-by-case basis and are added entirely at the discretion of the TRIVALLEY CONNECT.

3.5    Featured businesses and jobs are those that primarily drive the innovation economy in the Tri-Valley region, including without limitation: life sciences, advanced manufacturing, SaaS, software development, research, information services, education, health care, finance and management services.

3.6    The Job Board provided as part of our Services is an informational courtesy to select employers who are attracting talent to the Tri-Valley region.  Only Innovation Tri-Valley Leadership Group Partners/Members may receive approval for posting on the Job Board.

3.7    If you are a Tri-Valley, CA based employer who would like to become an approved Job Poster on this Site, please send requests to info@innovationtrivalley.org. TRIVALLEY CONNECT has no obligation to approve any request to become an approved job poster. Approval is within the sole discretion of TRIVALLEY CONNECT.

3.8    We do not have any obligation to screen any Job Postings, or to include any Job Postings in your search results while using the Job Board and may exclude or remove any Job Postings from the Site for any or no reason.

3.9    You understand and acknowledge that you are responsible for any submissions, either Job Postings or job applications or other communications, that you submit or transmit, and you, not TRIVALLEY CONNECT, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any submissions posted or communicated by you or any other user of the Site.

4.  Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Service.  You agree not to use the Site:

4.1    In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries, the CAN-SPAM Act or other anti-spam state laws or TCPA).

4.2    For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.

4.3    To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the prohibited content identified under section 4.5 below.

4.4    To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” “phishing,” or any other similar solicitation.

4.5    To provide Job Postings that include any of the following prohibited content:

a.  Requiring payment to start or periodic payment, and/or requires recruitment of other members, sub-distributors or sub-agents, or is otherwise considered a part of any multi-level marketing (MLM) programs or pyramid schemes;

b.  Advertising sexual services or seek employees for a job of a sexual nature

c.  Requesting use of human body parts or the donation of human parts, including without limitation reproductive services such as egg donation and surrogacy;

d.  Promoting an opportunity that does not represent bona fide employment, which may be indicated by the employer’s use of IRS forms W-2 or 1099;

e.  Requiring citizenship of a particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required to comply with applicable law, regulations, executive order, or government contract;

f.  Requiring screening or a criterion in connection with a Job Posting where such requirement or criterion is not an actual legal requirement of the position stated in the Job Posting;

g.  Requiring Job Seekers to meet certain criteria that excludes other Job Seekers on a certain basis, including but without limitation to gender, race, age, disability, or otherwise making it impossible for certain classes of Job Seekers to qualify for the position; or,

h.  Relating to any topic that TRIVALLEY CONNECT considers detrimental.

4.6    In the event that any of the aforementioned Prohibited Uses or similar leads to a breach of the Terms, you agree that you are solely responsible for any consequences, including loss or damage which TRIVALLEY CONNECT may suffer.

4.7    In the event that any communication, message content, in whole or part, is discovered to be perpetrating potentially illegal or illicit activities, or any other activities detrimental to other users, TRIVALLEY CONNECT reserves the right to report this communication or otherwise take action to prevent such activity.  TRIVALLEY CONNECT may use a variety of methods to detect and block such activity, and may from time to time screen content to prevent such activity or abuse, e.g., spam or fraud.  You acknowledge and agree to TRIVALLEY CONNECT carrying out its Terms, e.g., monitoring for illegal/illicit activity, even if such measures result in the temporary or permanent suspension or termination of your access to the Site or use of any other functionalities of the Site.  Suspension may occur with or without notice pending the circumstances.  You agree not to hold TRIVALLEY CONNECT responsible or liable for any such suspension or termination, including any consequences thereof.

5.  Representations and Warranties

5.1    Personal Data. Job Posters represent and warrant that you are protecting personal data you collect and that you have a written InfoSec plan in place.  Job Posters agree to abide by relevant privacy laws and agree that you will not share any personal data with TRIVALLEY CONNECT. If Job Posters violate this provision, you agree to defend, indemnify, and hold harmless TRIVALLEY CONNECT for any related claims.

5.2    Job Posters agree to keep job posting data accurate and up-to-date.

5.3    Job Posters represent and warrant that: (i) you own the content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth below, (ii) such content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party.

6.  Intellectual Property Rights

6.1    General.

a.  The Site’s Job Board platform, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are licensed by TRIVALLEY CONNECT from MONDAY.vc via a SAAS agreement.  The Site’s Job Board features Job Postings from Job Posters’ own websites and Job Posting content is owned by Job Posters and licensed to TRIVALLEY CONNECT as outlined below in these Terms.  All other contents of the Site (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof)  are owned by TRIVALLEY CONNECT and its individual members, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

b.  These Terms of Service permit users and/or Job Seekers to use the Site for your personal, non-commercial use only.  Users and/or Job Seekers must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site.

c.  You must not:

(i)  Modify copies of any materials from this site.

(ii)  Delete or alter any copyright, trademark, or other proprietary rights notices from this Site or copies of materials from this Site.

(iii)  Reuse, reprint, or republish in any way the Site content without TRIVALLEY CONNECT’s written consent.

(iv)  Reformat or frame any portion of the web pages that are a part of the Site without TRIVALLEY CONNECT’s written consent.

6.2    Trademarks.  The “INNOVATION TRIVALLEY LEADERSHIP GROUP” word mark and logo are trademarks of and the “TRIVALLEY LOGO” is the registered trademark of Innovation Tri-Valley.  The “i-GATE” name and logo are trademarks of i-GATE. You must not use such marks without the prior written permission of either Innovation Tri-Valley or i-GATE.  Other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

6.3    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 TRIVALLEY CONNECT infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any user-generated content violates your copyright, please contact us at info@innovationtrivalley.org with a copyright infringement notice with all the pertinent details.  Be aware that there are penalties for false claims made under the DMCA.

6.4    TRIVALLEY CONNECT reserves the right to terminate the access of repeat infringers, be it copyright or another intellectual property right of another.

7.  Licenses

7.1    TRIVALLEY CONNECT grants to Job Seekers and Job Posters a limited, non-exclusive, worldwide, royalty-free, non-transferable, non-sublicensable right and license to use the Site for the limited purposes of seeking jobs and seeking employees for open job positions.

8.  Monitoring and Enforcement; Termination

8.1    TRIVALLEY CONNECT has the right to:

a.  Remove or refuse to post any Job Postings for any or no reason in our sole discretion.

b.  Take any action with respect to any Job Postings or related communication that we deem necessary or appropriate in our sole discretion, including if we believe that such Job Postings or related communication violates the Terms, including without limitation violating the Content Standards set forth in Section 4.5, infringing any intellectual property right or other right of any person or entity, threatening the personal safety of users of the Site or the public, or having the possibility of creating liability for TRIVALLEY CONNECT.

c.  Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

d.  Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

e.  Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these.

8.2  Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS TRIVALLEY CONNECT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRIVALLEY CONNECT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TRIVALLEY CONNECT OR LAW ENFORCEMENT AUTHORITIES.

8.3  However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8.4  These Terms will remain in full force and effect while you are using the Site.  TRIVALLEY CONNECT reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of content generated by you from the Site and immediate termination of your ability to access the Site and/or any other services provided to you by TRIVALLEY CONNECT, upon any breach by you of these Terms or if TRIVALLEY CONNECT is unable to verify or authenticate any information you submit to the Site. Even after you are no longer using the Site, certain provisions of these Terms will remain in effect.

9. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

10. Changes to and Availability of the Site

10.1    We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

10.2    We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

11.  Disclaimer of Warranties

11.1    TRIVALLEY CONNECT does not guarantee the identity of an employer or Job Poster or any individuals working for TRIVALLEY CONNECT employers and asks that Job Seekers take reasonable precautions when applying to jobs.   TRIVALLEY CONNECT does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations.  Job Seekers are solely responsible for verifying the accuracy of any Job Poster (employer) or job offer.

11.2    We cannot confirm the accuracy or completeness of any Job Posting or other information submitted by any employer or other user, including the identity of such employer or other user.  TRIVALLEY CONNECT assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Postings.

11.3    TRIVALLEY CONNECT disclaims any warranties regarding the security, reliability, timeliness, and performance of the Site, and all materials, information, advice, Job Postings, products, services and other content available or through the Site.

11.4    Use of the Job Board is voluntary and all users of the Site understand, accept and agree that if 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 or consequences.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

11.5    YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR JOB INFORMATION OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER TRIVALLEY CONNECT NOR ANY PERSON ASSOCIATED WITH TRIVALLEY CONNECT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.  WITHOUT LIMITING THE FOREGOING, NEITHER TRIVALLEY CONNECT NOR ANYONE ASSOCIATED WITH TRIVALLEY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR JOB INFORMATION OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

11.6    TO THE FULLEST EXTENT PROVIDED BY LAW, TRIVALLEY CONNECT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

11.7    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12.  Limitation on Liability

12.1    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TRIVALLEY CONNECT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

12.2    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.  Indemnification

You agree to defend, indemnify, and hold harmless TRIVALLEY CONNECT, its affiliates, licensors, and service providers, and its and each member entity’s respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, content generated by you, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

14.  Governing Law and Jurisdiction

14.1    All matters relating to the Site and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

14.2    Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in Alameda County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15.  Assignment

You may not assign, transfer or delegate these Terms, or your rights and obligations hereunder, without TRIVALLEY CONNECT’s prior written consent. TRIVALLEY CONNECT may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with thirty (30) days’ prior notice.  Your right to terminate your contractual obligations under these Terms at any time remains unaffected.

16.  Waiver and Severability

16.1    No waiver by TRIVALLEY CONNECT of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TRIVALLEY CONNECT to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

16.2    If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

17.  Entire Agreement

The Terms constitute the sole and entire agreement between you and TRIVALLEY CONNECT regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

18.  Contact Us

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: info@innovationtrivalley.org.

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