Last Updated: September 22, 2017
Salary reserves the right to change, modify, add, or remove portions of these TOU at any time. All changes will be posted on www.salary.com and, in such event, Salary will update the "Last updated" date above. Please be sure to review any changes made to these TOU by occasionally checking this page for updates. Your continued use of the Websites and Service will constitute your agreement to such updated TOU.
2. Permitted Use
All information, logos, data, images, audio video, presentations, software, designs, and other material and content included in, on, or produced by the Sites, including any intellectual property rights associated with any such content and material, (collectively “Content”) are owned by and the property of Salary or its licensors. You are permitted to use the Sites and the Content solely for your personal non-commercial purposes provided you comply with these TOU at all times. Salary may revoke your permission to use the Sites and/or Content at any time.
3. Prohibited Use
The Sites and all Content are protected under intellectual property laws, including copyright and trademark laws. Except as specifically set forth in these TOU, you are prohibited from copying, reproducing, modifying, publishing, uploading, posting, transmitting, performing, reverse engineering, disassembling, creating derivative works from, or distributing the Content and Sites in anyway whatsoever. You agree that you will not modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Sites or any Content. The Sites’ and Content’s color scheme, layout, and design and appearance constitute Salary’s protected trade dress. You are not granted any rights in or to such trade dress by and through these TOU.
You are also prohibited from using the Sites or Content in any way for any public or commercial purpose, in connection with third-party products or services, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits Salary, its affiliates, subcontractors, partners, or licensors, or that infringes upon or dilutes the strength of Salary’s, its affiliate's, subcontractor's, partner's, or licensor's brand, property, or intellectual property rights.
You may not mirror the Sites or Content on another web site or in any other media. You will not use the Sites to transmit, distribute, store, destroy, or in any way handle material that is illegal, defamatory, obscene, threatening, abusive, or hateful in any manner. You also will not attempt to gain unauthorized access to any part of the Sites or access the Sites through any interface other than as provide by Salary and that no access or use of the Sites will be conducted for or in connection with any unlawful or prohibited matter.
You will not access the Sites (whether directly or through the use of any automated system such as, without limitation, ‘robots’, ‘spiders’, or similar) in a manner that sends more requests to the Sites’ servers in a given period of time than a human could reasonably send in the same period of time by using a convention internet browser. You also will not use the Sites or Content in any way that will, could, or should reasonably be expected to damage, overburden, impair, or disable the Sites or any part of the Sites or could reasonably impair another party’s access to and/or use and enjoyment of the Sites.
4. Your Posts
By sending or otherwise providing Salary with or uploading or posting to the Sites any information, material, data, ideas, concepts, know-how, or any other intellectual property (the “Uploaded Materials”), you grant Salary an unrestricted, perpetual, irrevocable, worldwide license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, sublicense, and otherwise freely use, the Uploaded Materials. You also agree that Salary is free to use the Uploaded Materials for any purpose whatsoever.
You represent and warrant that you have the right to grant, or that the holder of any rights, including moral rights in the Uploaded Materials has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. You further represent and warrant that the Uploaded Materials will not include audio, video, or images unless you own the all sufficient rights to display the imagery in the given context. By posting images that depict a person or persons, you represent and warrant that you attained consent from and verified the legal age of each person depicted in the image for the distribution, display and usage of the image in the general public.
If you post the Uploaded Materials in any public area of the Sites, you permit the public or any other user to use, access, display, view, store, and reproduce the Uploaded Materials for their own use and that Salary may use and publicly post your name (and/or any applicable profile information) in connection with such public posting(s). Except in connection with any Uploaded Materials you post in any public area of the Sites, Salary will not release your name or otherwise publicize the fact that you submitted the Uploaded Materials to Sites unless: (a) Salary obtains your permission to use your name; (b) Salary first notifies you that the Uploaded Materials will be published or otherwise used with your name on it; or (c) Salary is required to do so by law.
Salary reserves the right to access, read, preserve, and disclose any Uploaded Materials as Salary reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these TOU or any other agreement with Salary, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Salary, its users and the public.
Salary may decline to post may or, at any time, remove the Uploaded Materials at its sole discretion for any or no reason. You acknowledge that the Uploaded Materials are not confidential or proprietary information and may be freely disclosed as Salary sees fit at its sole discretion.
5. Third Party Sites
The Sites may provide links or references to or otherwise make accessible third party web sites and resources (e.g. web sites not operated or controlled by Salary) (“Third Party Sites”) through the Sites. Providing such links or references to or otherwise making accessible these Third Party Sites does not mean or imply that Salary endorses, sponsors, or recommends such Third Party Sites, the content of such Third Party Sites, or the owner or creator of such Third Party Sites. Salary makes no representations, warranties, or other commitments whatsoever about these Third Party Sites and shall have no liability arising from or related to these Third Party Sites.
6. User and User Content
Salary may make available or otherwise provide access to content, information, data, ideas, concepts, know-how, or other materials that have been submitted, uploaded, or otherwise posted to the Sites (“User Content”) by other visitors or users of the Sites (“Users”). Salary does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content, derivative works from User Content, or any other communications posted by Users nor does Salary endorse any User Content or opinions expressed by Users. You acknowledge that any reliance on User Content will be at your own risk.
In the event that you download or otherwise access files through or from the Sites, you agree that Salary does not, has not, and cannot guarantee or warrant that any such files will be free of viruses, worms, malware, spyware, or other malicious or harmful code or materials and that Salary will not be liable in any way for such files.
YOU AGREE THAT USE OF THE SITES ARE AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, DATA, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE SITES, THE CONTENT, THE USER CONTENT, AND THIRD PARTY SITES) (together, the “Disclaimed Materials”) ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SALARY, ITS AFFILIATES, PARTNERS AND SUBCONTRACTORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, SALARY, ITS AFFILIATES, PARTNERS AND SUBCONTRACTORS MAKE NO WARRANTY OR GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE INFORMATION AND DATA DISPLAYED OR SHARED ON THE SITES IS ACCURATE OR TRUE.
9. Limitation of Liability
IN NO EVENT WILL SALARY, ITS AFFILIATES, PARTNERS AND SUBCONTRACTORS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE DISCLAIMED MATERIALS OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES RELATED TO THE DISCLAIMED MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SALARY, ITS AFFILIATES, PARTNERS AND SUBCONTRACTORS WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. NOTWITHSTANDING THE OTHER TERMS OF THESE TOU, IF SALARY IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE OF ANY SORT, SALARY’S (AND ITS AFFILIATES’, PARTNERS’, AND SUBCONTRACTORS’) TOTAL AGGREGATE LIABILITY ARISING UNDER OR RELATED TO THESE TOU IS LIMITED TO $100.
You shall defend, indemnify, and hold harmless Salary, its affiliates, and their respective officers, directors, employees and agents, from and against any third party claims, actions or demands, including without limitation reasonable legal and accounting fees and any associated damages, losses and court judgements, alleging or resulting from (i) any Uploaded Materials or other material you provide to Salary, (ii) your use, misuse, or inability to use the Sites, the Content, or User Content, or (iii) your breach of these TOU.
12.1 U.S. Government Restricted Rights
Salary provides the Sites, Content, and any software or other materials downloaded from the Sites to U.S. Government users with "RESTRICTED RIGHTS”.
12.2 Additional Terms; Entire Agreement; No Waiver
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and/or services offered through the Sites. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these TOU. Please see the applicable agreement or notice governing your use of the resources offered through the Sites.
These TOU constitute the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. You are not relying on any representation concerning this subject matter, oral or written, not included in these TOU. No representation, promise or inducement not included in these TOU is binding.
No modification or waiver of any term of these TOU is effective unless both parties sign it in writing or through an online electronic contracting process. All terms and conditions of these TOU are severable. If any provision is deemed illegal or unenforceable, all other provisions shall remain in effect.
The Sites or Content may contain typographical or other errors or inaccuracies and may not be complete or current. You agree that Salary may (but is not obligated to) correct, update, or otherwise modify the Sites and/or Content at any time without prior notice.
Salary reserves the right at all times (but will not have an obligation) to terminate your access to the Sites for any reason or no reason at all, with or without notice. Your failure to comply with these TOU or any other terms and notices on the Sites will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of the Content (including any downloaded or saved materials) in your possession or control. Except as expressly granted herein, Salary does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights, and all such rights are reserved.
12.5 Enforcement and Governing Law and Jurisdiction
If a court of competent jurisdiction finds any part of these TOU to be invalid or unenforceable, the remainder of these TOU will remain in full force and effect.
These TOU are governed by the substantive laws of the Commonwealth of Massachusetts. Any proceedings to resolve disputes relating to these TOU shall be brought exclusively in the state or U.S. Federal Court in Middlesex County in the Commonwealth of Massachusetts. You hereby expressly waive the right to trial by jury in any matter which arises under these TOU.