Terms of Use

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DISCLAIMER, POSTING POLICIES AND FINE PRINT

BY USING OUR SITE AND THE SERVICES PROVIDED ON THE SITE, YOU ARE AGREEING TO ACCEPT AND FOLLOW (A) THESE TERMS OF USE, AND (B) OUR PRIVACY POLICY.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE SITE AND MUST EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE, AND THE SERVICES WE OFFER TO YOU, FROM TIME TO TIME WITHOUT NOTICE.  YOUR CONTINUED USE OF OUR SITE AND OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.

Who We Are

CoolWorks.com and My.CoolWorks.com (Cool Works®, “CW”, the “Site”) is an advertising medium for employers, and an informational job search and community forum site for individuals. CW does not take a role in the selection or hiring for employers who advertise with us. CW is not responsible for any employment decision made by these employers.

CW supports sound hiring practices, and advocates the same to employers who post advertising with us.

CW reserves the right to screen employers who register to post jobs with us, and to determine the applicability of the employer to our “Jobs In Great Places”® standards. In addition, CW also reserves the right to refuse advertising services to employers, even if they had previously been approved. We take pride in our history on the web, our reputation as a resource for job seekers, seasoned professionals and employers, and our commitment to an outstanding employment advertising process. We may, at any time, make a decision based on these principles, or others, to terminate an advertising relationship or a pending employment ad.

Employers are encouraged to read the Best Practices for Online Job Postings as noted by the US Department of Justice.

As a note of Privacy protection for job seekers, we strongly suggest applicants never release social security numbers to prospective employers. In addition, we encourage all job seekers to educate themselves regarding appropriate Employment Policies/ Practices.

General Terms

This Site is currently made available free to all users.  All of the content featured or displayed on the Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations, and including the information contained in such content (collectively, the “Content”), is owned by Cool Works, its licensors, vendors, agents and/or its Content providers, including users who have submitted their own Content to the Site.  We will use reasonable efforts to include accurate and up-to-date information on this Site; however, by accessing, using or linking to this Site, you assume the risk that the Site and the Content may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Cool Works assumes no obligation to update the Content.  As a user of the Content and the information therein, you shall be liable for your use, furnishing, disclosure, publication, or disclosure, in any way, of the Content or any portion thereof, and you shall hold Cool Works harmless from any damages, litigation, liability or claimed liability, claims, and any expenses including legal expenses incident thereto resulting from any such use, furnishing, disclosure, publication, or disclosure of the Content or any portion thereof by you.  You are encouraged to confirm the Content contained on the Site with other sources.  If you become aware of any inaccuracies in the Content provided on this Site, we encourage you to bring it to our attention immediately so that we can make any necessary changes, as appropriate.

Privacy

These Terms of Use include the Cool Works Privacy Policy, which is incorporated by reference and also governs your use of the Site and the Services

User Conduct

You expressly agree that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use.  You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all of your own acts or omissions, including but not limited to the content of any communications that are made using services provided through this Site, or as a result of your use of this Site.  Any unauthorized commercial use of this Site is expressly prohibited.  We reserve the right to monitor, review, retain, and disclose any information collected from or about you related to your use of the Site that is necessary to satisfy any applicable law, regulation, legal process, or legitimate governmental request, as set forth in more detail in our Privacy Policy.

Registration

To use certain features of this Site, some users may be asked to register with us.  By so doing, you agree to provide accurate and complete information about yourself or your company or business, and to maintain and update that information.  If the information you provide is untrue, inaccurate, incomplete or not current, we reserve the right, in our sole discretion, to suspend or terminate your membership.

During the registration process, you may be asked to designate a password.  You are entirely responsible for the security and confidentiality of your password and account, and for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site.

Linking to this Site

Offering or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Site without prior written permission is prohibited.  Any links to this Site must comply with all applicable laws, rule and regulations.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site, any activities conducted on the Site, and any Services provided by the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.  Sending unsolicited email advertisements to the Site or any user of the Site is expressly prohibited by these Terms of Use.  In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site.

Postings

Except as expressly stated in our Privacy Policy, any material, information or other communication that you post, upload or submit to the Site or that is displayed on the Site at your direction (collectively, “Communications”) will be considered non-confidential and non-proprietary, and Cool Works shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any such Communication.

You are responsible for ensuring that all of your Communications do not violate or infringe any copyright, trade secret, trademark or other personal or proprietary rights of another person or entity, or defame any person, or violate any law or regulation.  You shall be solely liable for any damages resulting from any infringement or violation or any other harm resulting from your uploading, posting, or submission of any Communication to the Site.

Cool Works may, but is not obligated to, monitor or review Communications posted, uploaded or submitted by Site users and/or any areas on the Site where users transmit or post Communications or communicate with each other, including but not limited to chat rooms, bulletin boards or other user forums. You acknowledge that by providing you with the ability to view and distribute user-generated and/or user-submitted content on the Site, Cool Works is not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, Cool Works reserves the right to block or remove any Communications from any user, including without limitation any Communications that in its sole discretion Cool Works determines violate these Terms of Use.

Cool Works is not in any manner responsible for the content of any Communications.  The content of Communications does not necessarily reflect the views of Cool Works.  Cool Works does not make any representations regarding the reliability, completeness, usefulness or accuracy of any Communications.   Any opinions, advice, statements, or other information contained in Communications expressed or made available on the Site are those of the respective author(s) and not of Cool Works.

Logos

Employers may upload their company logo for use in their postings. All employers and user accounts associated with those employers agree to the following terms when providing their logos:

  • Permission to use and publish the logo provided has been granted to the user uploading the photo
  • Photos and logos overlaid on photos are not permitted to be used as logos.

If a logo does not meet either of these conditions, CoolWorks and its staffs reserve the right to remove the logo. In the event of a logo being removed, we will notify the primary user on the account that their logo has been removed, provide an explanation for the reason for removal, and request a replacement logo that complies with these terms.

Refunds, Exchanges & Alterations

No refunds, exchanges, or partial use credits will be provided once an ad (Highlighted Job, Help Wanted Now, or Featured Listing) has been posted or an Enhanced Employer Profile has been activated. This includes, but is not limited to, the following scenarios:

  • Enhanced Employer Profile terms (1, 3, 6, or 12 month) will not be partially refunded and/or may not be swapped for other products once the Profile has been activated for a selected term
  • If any listing is paused or requested to be removed from the site prior to the end of the term purchased (7 days for a Help Wanted, 30 days for a Highlighted Job, or any 1, 3, 6, or 12 Profile), either due to the position(s) being filled or for any other reason, the expiration date will not be extended and a partial refund for the unused term will not be provided

Additionally, only Enhanced Employer Profiles and Help Wanted Now posts can be revised after posting. The Highlighted Job post – our 30 day, single position posting – may not be altered after posting. Because it is a single position post, only the originally advertised position may be included in any single Highlighted Job post. If a Highlighted Job post is found to have been revised from it’s original content and/or been altered to advertise for a different position than originally posted, CW reserves the right to revert the post back to its originally posted content. Repeat violations of this policy may result in removal of the post with partial credit being issued for unused days and/or temporary or permanent suspension of account at our discretion.

Intellectual Property Policies

Trademarks

All trademarks, service marks and trade names of Cool Works used herein (including but not limited to the Cool Works name(s) and logo(s)) (collectively “Marks”) are trademarks of Cool Works or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior written consent. The use of Cool Works trademarks on any other website or network computer environment is not allowed.

Copyright

This Site (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries.  All elements of the Site, including without limitation the general design and the Content, are protected by trade dress, copyright, trademark and other laws relating to intellectual property rights.

The Site, the Services and the Content may only be used for the intended purpose for which such Site, Services and Content are being made available.  Except as may be otherwise indicated in specific documents or pages within the Site, you may not reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, broadcast, sell or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site.  For purposes of these Terms of Use, the use of any such material on any other Site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and Services. The Site, its Content and all related rights shall remain the exclusive property of Cool Works or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Site.

Cool Works will terminate a user’s access to the Site and Services if, under appropriate circumstances, the user is determined to be a repeat infringer.

Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Site, we may act as a “service provider” (as defined by the DMCA) and offer services as online provider of materials and links to third party Sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Cool Works has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site.  Cool Works has adopted a policy that provides for the expeditious removal of any content that is found to have infringed on the rights of Cool Works or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is: CoolWorks, PO Box 383, Morrison, CO 80465, (406) 848-2380, help@coolworks.com.  

Please provide the following notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Third Party Links

From time to time, this Site may contain links to Sites that are not owned, operated or controlled by Cool Works or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Sites, or any content, materials or other information located or accessible from any other Sites, or the results that you may obtain from using any other Sites. If you decide to access any other Sites linked to or from this Site, you do so entirely at your own risk.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COOL WORKS, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER COOL WORKS, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY

Cool Works does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunications equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site. IN NO EVENT WILL COOL WORKS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COOL WORKS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN NO EVENT SHALL COOL WORK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS ($25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SITE, IF ANY.

Indemnity and Release

You agree to defend, indemnify and hold Cool Works and any affiliated Cool Works or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Site or the Internet or your placement or transmission of any message or information on this Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any submission or communication that you provide to Cool Works; or (vi) any other party’s access and use of the Site with your unique username, password or other appropriate security code.  In the event that you have a dispute with one or more other users of the Site, you release Cool Works (and our officers, directors, agents, subsidiaries, licensees, promotional partners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Termination

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. We may also block your access to our Site in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

General Provisions

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Colorado. You consent to the exclusive jurisdiction of the state and federal courts located in Denver, CO. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  We do not guarantee continuous, uninterrupted or secure access to our Site or Services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Cool Works in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. These terms and conditions are the entire agreement between the user and Cool Works and supersedes any prior understandings or agreements (written or oral).