Terms and Conditions ("Terms") for Bump My Rate


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.bumpmyrate.com website (the "Service") operated by Bump My Rate ("us", "we", or "our").

Bumpmyrate provides services related to sharing information about employers and salaries/rates (the “Services”) in connection with the Bump My Rate website, located at http://www.bumpmyrate.com (the “Site”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


Links To Other Web Sites


Our Service may contain links to third-party web sites or services that are not owned or controlled by Bump My Rate.

Bump My Rate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bump My Rate 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 content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Termination


We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Disclaimer


The materials on Bump My Rate's web site are provided "as is". Bump My Rate makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Bump My Rate does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.


Acceptable Use


You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

By using the Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older upon registration; and (d) your use of the Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. You may be asked, but are not required to provide (i) salary/rate details for a current or former job (“Salary/Rate”) Any Account you have created by registering on the Site may be deleted without warning if we believe that any representation and warranty you make hereunder is breached or inaccurate.


User Content


In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Bump My Rate a worldwide, irrevocable, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Bump My Rate the right to sub-license these rights, and the right to bring an action for infringement of these rights.

No compensation will be paid with respect to the Content that you post through the Services. You should only post Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Bump My Rate or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Bump My Rate reserves the right to edit or remove any material submitted to this website, or stored on Bump My Rate servers, or hosted or published upon this website.

Notwithstanding Bump My Rate rights under these terms and conditions in relation to user content, Bump My Rate does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or service, employer, and salary-related information provided by other Members through Salaries, Rates and any user submitted forms. We make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.

You are solely responsible for any and all Content that is posted on the Services and for your interactions with other Users.


Representations Regarding Your Content


You represent and warrant that: (i) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, (iii) by providing or posting your Content, you do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including your current or former employer or any potential employer, (iv) any information you provide in a Salary is correct and accurate.

Please make sure that you only provide information to the Services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality, non-disclosure or contractual obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible by every User of the Services.

If you have posted content that is in violation of confidentiality, non-disclosure or contractual obligations please email us with the details of your posting and we will attempt to delete that information. We are in no obligation to do so.


No Warranties


This website is provided “as is” without any representations or warranties, express or implied. Bump My Rate makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Bump My Rate does not warrant that: This website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.


Responsibility 


Your interactions with other Users on the Services or with advertisers and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or advertiser. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Services. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.

You will not use any information obtained from the Services in order to harass, abuse, or harm another person or third party, or in order to contact, advertise to, or solicit. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of communications which a Member may send to other Members and the sharing of any Content in any period to a number and amount which we deem appropriate in our sole discretion.


Disclosures


Under California Civil Code Section 1789.3, Users who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254.


Limitations of liability 


Bump My Rate will not be liable to you or to a third party (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Bump My Rate has been expressly advised of the potential loss.

Again, in no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Services, even if we have been advised of the possibility of such damages.


Exceptions 


Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Bump My Rate liability in respect of any: death or personal injury caused by Bump My Rate negligence; fraud or fraudulent misrepresentation on the part of Bump My Rate or matter which it would be illegal or unlawful for Bump My Rate to exclude or limit, or to attempt or purport to exclude or limit, its liability.


Release


To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users, or the site. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.


Reasonableness 


By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.


Unenforceable provisions 


If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.


Indemnity 


You hereby indemnify Bump My Rate and undertake to keep Bump My Rate indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Bump My Rate to a third party in settlement of a claim or dispute on the advice of Bump My Rate legal advisers) incurred or suffered by Bump My Rate arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions including claims by third parties against you for use in using the Services.


Breaches of these terms and conditions 


Without prejudice to Bump My Rate other rights under these terms and conditions, if you breach these terms and conditions in any way, Bump My Rate may take such action as Bump My Rate deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.


Variation 


Bump My Rate may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.


Assignment 


Bump My Rate may transfer, sub-contract or otherwise deal with Bump My Rate rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.


Severability 


If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


Entire Agreement 


These terms and conditions constitute the entire agreement between you and Bump My Rate in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.


Governing Law 


These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Changes 


We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.


Contacting us

If you have any questions about this Terms and Conditions Policy, the practices of this site, or your dealings with this site, please contact us at:


info@BumpMyRate.com


This document was last updated on June 15, 2014