Legal

1. BINDING EFFECT. This is a binding agreement between you (herein referred to as “You” or “User”) and the Fresno Regional Workforce Investment Board ("FRWIB") and its administrative contractor, the Fresno Area Workforce Investment Corporation (“FAWIC”) for the California High Speed Rail National Targeted Worker Program (the "Program"). By using the Internet site located at www.HSRJOBS.com(the “Site”), the User agrees to abide by these Terms of Use, as they may be amended by FRWIB at their sole discretion. The User is responsible for reviewing these Terms of Use whenever the User accesses the Site, and if at any time You find these Terms of Use unacceptable, You must immediately leave the Site and cease all use of the Program and the Site. YOU AGREE THAT BY USING THE PROGRAM YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT IT IS LEGALLY PERMISSIBLE FOR YOU TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. 2.1. PURPOSE OF POLICY. FRWIB will be providing an initial evaluation of those respondents requesting a determination if they qualify for the Program. FRWIB is committed to respecting the privacy rights of the visitors and Users of the Site. The purpose of the Site’s Privacy Policy (this “Policy”) is to give You confidence as You visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Site, and not to any other websites that You may access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.
   1. ACCOUNT REGISTRATION. When You are required to open an account to use or access the Site or Program, You must complete the registration process by providing complete and accurate information as requested on the registration form. You will be sent a link via e-mail to verify e-mail accuracy and to access your account. You may not use the account, of someone else at any time. You agree to notify FRWIB immediately of any unauthorized use of your account,. Neither FRWIB nor FAWIC shall be liable for any loss that You incur as a result of someone else accessing your account, either with or without your knowledge. You may be held liable for any losses incurred by FRWIB and FAWIC, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
   2. COLLECTION AND USE OF INFORMATION (a) CONFIDENTIAL/PERSONAL INFORMATION. Personal and/or confidential information collected as part of the Program may include, but not be limited to, Your name, e-mail addresses, employment history, and other information, as well as other personal, demographic data (collectively, the “Confidential Information”).
      1. (b) EXCLUDED INFORMATION. Information not held to be confidential shall include, but is not limited to, information that (i) is disclosed by FRWIB or FAWIC because such information was compelled by court order; (ii) any information that FRWIB determines is subject to disclosure under the Freedom of Information Act (5 U.S.C. § 552 ) or the California Public Records Act (Gov. Code §5260 et seq.); (iii) any information disclosed by FRWIB or the any department of the State of California or the Federal government as part of their responsibilities under the Program; or (iv) any compiled or aggregated data distributed by the FRWIB or FAWIC that does not identify, or make known the identity of, any employee (collectively, the “Excluded Information”).
      2. (c) USE/DISTRIBUTION OF INFORMATION. FRWIB or FAWIC will not share the Confidential Information You provide with any third parties, except those entities involved in the Program (FRWIB, member Workforce Investment Boards, and California High Speed Rail Authority) and to comply with the federal or State law. FRWIB or FAWIC may use Confidential Information to verify your identity, to check your qualifications for the Program, or to follow up with any other transactions initiated on the Site. FRWIB or FAWIC may also use your contact information to inform You of any changes to the Site.
   3. 2.4. SECURITY. The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from You. However, FRWIB and FAWIC makes no assurances about our ability to prevent any such loss, misuse, to You or to any third party arising out of any such loss, misuse, or alteration.
   4. 2.5. CONTACT INFORMATION AND POLICY UPDATES (a) CONTACTING US. If You have any questions about this Policy or the practices related to this Site, contact FRWIB at the following; hsrjobs@workforce-connection.com or 855-805-RAIL(7245)
      • (b) UPDATES AND CHANGES. FRWIB AND FAWIC reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to You. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Policy from time to time to ensure that You continue to agree with all of its terms.
3. NO WARRANTIES. FRWIB, and FAWIC HEREBY DISCLAIM ALL WARRANTIES. FRWIB AND FAWIC ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, \FRWIB, and FAWIC EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND OBTAINING SERVICES UNDER THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FRWIB AND FAWIC DO NOT WARRANT THAT THE SITE OR THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE.
4. LIMITED LIABILITY. LIABILITY BY FRWIB and FAWIC IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FRWIB, FAWIC, OR CALIFORNIA HIGH SPEED RAIL AUTHORITY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR PROGRAMS PROVIDED TO YOU UNDER THE PROGRAM. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
5. AFFILIATED SITES. FRWIB and FAWIC have no control over, and no liability for any third party websites or materials. FRWIB and FAWIC work with a number of partners, affiliates, and government agencies whose Internet sites may be linked with the Site. Because neither FRWIB and FAWIC have control over the content and performance of these partner and affiliate sites, the FRWIB and FAWIC make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the FRWIB and FAWIC assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
6. PROHIBITED USES. FRWIB and FAWIC imposes certain restrictions on your permissible use of the Site and the Program. You are prohibited from violating or attempting to violate any security features of the Site or Program, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Program, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Program, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Program to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Program; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by FRWIB and FAWIC in providing the Site or Program. Any violation of system or network security may subject You to civil and/or criminal liability.
7. INDEMNITY. User agrees to indemnify, defend and hold harmless FRWIB andFAWIC and each of their affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your acts or omissions, and your violation of these Terms of Use.
8. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Fresno County, California, USA in all disputes arising out of or related to the use of the Site or Program.
9. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
10. MODIFICATIONS. FRWIB may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Program; and (c) discontinue the Site and/or Program at any time. FRWIB shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revision.
11. ACKNOWLEDGMENT. BY USING THE PROGRAM OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.