The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement.
Santa Ana Public Library may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job listings” or “Job Ads”), through Santa Ana Public Library’s search results or otherwise through the website. Job listings are created and provided by third parties over whom Santa Ana Public Library exercises no control; you acknowledge and understand that we have no control over job listings. Santa Ana Public Library does not have any obligation to screen any job listing, or to include any job listing in its search results or other listings, and may exclude or remove any job listing from the Site for any or no reason. We cannot confirm the accuracy or completeness or any job listing or other information submitted by any employer or other user, including the identity of such employer or other user. Santa Ana Public Library assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job listing. You agree that Santa Ana Public Library may also provide search options to narrow down Job listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Santa Ana Public Library, and are not a direct reflection of the actual Job listing.
1(b) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials through using the website, the Santa Ana Public Library may, for example, use such materials for data analysis, quality control, or to refine the website or any other Santa Ana Public Library product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. Santa Ana Public Library assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, career site, and job solicitation sent or received through the website. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Santa Ana Public Library to do so. Santa Ana Public Library does not promise to correct any inaccuracy.
The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Santa Ana Public Library is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites.
Use of Site
Santa Ana Public Library’s Site is for your non-commercial use only. If you wish to make commercial use of the website, you must have a prior written agreement with Santa Ana Public Library to do so. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
License to User Content
Only to the extent permitted by law, if you post content or submit material to Santa Ana Public Library, including photographs or material you submit for a job solicitation hosted on the Santa Ana Public Library’s webpage, you grant Santa Ana Public Library a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, and license to make, use, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Santa Ana Public Library website or its publisher partners, maintaining the Santa Ana Public Library website and promoting Santa Ana Public Library without restriction. Furthermore, you grant to Santa Ana Public Library and its affiliates the right to use your name, user name, and/or trademarks and logos in connection with any such user content or Santa Ana Public Library marketing materials. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Santa Ana Public Library for association with a particular job listing, Santa Ana Public Library shall not post such content anywhere other than the Employer(s)’s job listing.
You represent and warrant that: (i) you own the user 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 in this section, (ii) such user content, and its submission, posting, display or availability on or through the website 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 website does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other money owed to any person or entity by reason of such user content. You agree to defend, indemnify and hold harmless Santa Ana Public Library and its affiliates from any claims resulting from any such “user content”. If you wish to request to revoke the license granted by you in this Section for any such user content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such user content. Your certified letter of request must include (a) the signature of the applicable rights holder for such user content or a person authorized to act on behalf of the rights holder; (b) identification of the user content for which the license is to be revoked, and information reasonably sufficient to allow Santa Ana Public Library to locate and remove such user content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated user content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such user content. There may be a charge for answering and executing such a request; please contact Santa Ana Public Library for more details.
You agree not to access (or attempt to access) the website by any means other than through the interface that is provided by Santa Ana Public Library, unless you have been specifically allowed to do so in a separate, written agreement with Santa Ana Public Library. You agree that you will not engage in any activity that interferes with or disrupts the website (or the servers and networks which are connected to the website). Unless you have been specifically permitted to do so in a separate, written agreement with Santa Ana Public Library, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the website for any purpose. You agree that you are solely responsible for (and that Santa Ana Public Library has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Santa Ana Public Library may suffer) of any such breach.
You agree that you shall not transmit to Santa Ana Public Library or upload to or through the website (whether as user content or otherwise) any Harmful Code, or use or misappropriate the website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
- Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
- sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- data mining any of Santa Ana Public Library property;
- selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
- Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
- Conduct or forward pyramid schemes or similar programs.
- 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.
- Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.
- Violate the legal rights (such as rights of privacy and publicity) of others.
- Promote or encourage illegal activity.
- Interfere with other Santa Ana Public Library users’ enjoyment of the website.
- Create multiple user accounts in connection with any violation of the 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 website account.
- Modify, adapt, translate, or reverse engineer any portion of the website.
- 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 website without Santa Ana Public Library’s explicit written permission.
- Contact other Santa Ana Public Library users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Santa Ana Public Library considers detrimental to its users.
- Create multiple website accounts without permission.
- Create multiple website accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system.
- Bypass any limitations or suspensions of functionality.
- Provide false information.
Santa Ana Public Library reserves the right to use any user content (including the content of messages or material sent through or to the Site or Santa Ana Public Library) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Santa Ana Public Library reserves the right to use a variety of methods to detect and address anomalous activity and to screen user content to prevent abuse such as spam or fraud. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users, with or without notice, and Santa Ana Public Library shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Santa Ana Public Library reserves the right to drop any email with a .exe or .zip attachment for any or no reason.
Registration; Contact Information
Some areas of the website, including areas that may permit you to set up an account, require you to register or provide an email address. If you so 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 website to any third party. Santa Ana Public Library is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner of an Employer account invites other users to the same account. When using a Linked Account, all users within the same Linked Account have access to the communications and actions of all other users within the Linked Account, and you consent to such access.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
You agree that Santa Ana Public Library may, as part of its services to you, communicate with you through your Santa Ana Public Library account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Santa Ana Public Library. By providing Santa Ana Public Library with a mobile phone number, you expressly consent to receiving communication via such mobile number.
Disclaimer of Warranties
Santa Ana Public Library disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the website search results (including jobs listings) or otherwise made available on the website by the Santa Ana Public Library or third parties, regardless of whether paid for or used for free. Santa Ana Public Library disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material. Santa Ana Public Library disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the website or on other sites or services on the Internet accessed through the website. Under no circumstances shall Santa Ana Public Library be liable to you or any third party on account of your use or misuse of or reliance on the website. Additionally, under no circumstances shall Santa Ana Public Library be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Santa Ana Public Library’s Site.
Santa Ana Public Library further disclaims all liability for any technical malfunction of the website, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other Services provided by Santa Ana Public Library as a result of technical problems or traffic congestion on the Internet or any any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any content in connection with the website or services. Under no circumstances will Santa Ana Public Library be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the website, services, user content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. SANTA ANA PUBLIC LIBRARY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SANTA ANA PUBLIC LIBRARY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. SANTA ANA PUBLIC LIBRARY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY SANTA ANA PUBLIC LIBRARY.
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 DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SANTA ANA PUBLIC LIBRARY OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF SANTA ANA PUBLIC LIBRARY OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY 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 MADE AVAILABLE ON 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 WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SANTA ANA PUBLIC LIBRARY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID SANTA ANA PUBLIC LIBRARY TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall Santa Ana Public Library or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their 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 Infringement
U.S. 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 Santa Ana Public Library 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 as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Santa Ana Public Library to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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; and (f) 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 Santa Ana Public Library 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 website should be sent in writing to Santa Ana Public Library Copyright Notice, 20 Civic Center Plaza, Santa Ana, CA, 92701, USA. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us through email.
Governing Law and Dispute Resolution
If you are a Job Seeker or Employer: this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of California, United States of America, if you are located in the United States, or anywhere else, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Santa Ana, California, U.SA, if you are located in the United States, or if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Santa Ana, California, U.S.A, if you are located in the United States of America or if you are located elsewhere.
Class Action Waiver
By using the Site and in return for the services offered by Santa Ana Public Library, you acknowledge that Santa Ana Public Library can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue Santa Ana Public Library as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Santa Ana Public Library regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the website. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.
Information or Complaints
If you have a question or complaint regarding the website, please contact email us here or mail us at 20 Civic Center Plaza, Santa Ana, CA, 92701, USA ATTN: Lynn Nguyen
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 Santa Ana Public Library. This Agreement, together with any amendments and any additional agreements you may enter into with the Santa Ana Public Library in connection with this website, shall constitute the entire agreement between you and Santa Ana Public Library concerning the website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
By accessing or using the website, 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. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the website 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 Santa Ana Public Library’s proprietary rights in them.
You understand and acknowledge that Santa Ana Public Library or its affiliates, or its or their licensors, owns all right title and interest to the website and all proprietary rights associated therewith. Santa Ana Public Library 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, or other indicia of ownership on the materials accessed through the website. Any use of materials or descriptions, any derivative use of the website or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
Any notices to Santa Ana Public Library must be sent to the applicable Santa Ana Public Library entity identified in the Paragraph 12 of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the item that is the subject of the notice (website, graphic…etc). Notice to you may be effected by sending email to the email address specified in your account or mail address found in the notices, and is deemed received when sent (for email) or no more than fifteen (15) days after having been.
You may not assign or delegate any of your rights or obligations hereunder without Santa Ana Public Library’s prior written consent and any such attempt is void. Santa Ana Public Library may freely assign or delegate its rights and obligations hereunder without notice to you. Santa Ana Public Library and you are not legal partners or agents, but are independent contractors.
Use of Site by Minors
The website is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use Santa Ana Public Library under the supervision of a parent or legal guardian, or responsible adult.