Monterey Bay Internships Terms of Use
Effective 1/25/16

1. INTRODUCTION
Monterey Bay Internships (“the Site”) is owned by Monterey Bay Economic Partnership with offices at 3180 Imjin Road, Suite 104B Marina, CA 93933 (referred to as “MBEP”, “we”, “us”, “our”). The Site includes a variety of services, including the ability to promote and seek internships, all available on various mediums or devices now known or hereafter developed  (collectively, the, “Services”). The Services and the Site are provided to you (also referred to as “‘your” or “User”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”).  In addition, when using particular Services or materials, Users shall be subject to any posted guidelines or rules applicable to such Services or materials that may contain terms and conditions in addition to those contained in this Terms of Use.  All such guidelines or rules are hereby incorporated by reference into this Terms of Use. TO VISIT OR USE ANY SITE OR MONTEREY BAY INTERNSHIPS SERVICE, YOU MUST BE AT LEAST 18 YEARS OF AGE OR OLDER. BY CLICKING THE “I AGREE” OR “I ACCEPT” BUTTON, OR BY ACCESSING, VISITING, BROWSING, USING, SIGNING IN OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS OF USE, DO NOT ACCESS OR USE ANY PART OF THE SITE OR SERVICES. We reserve the right to amend the Terms of Use at any time without specific notice to you. The latest Terms of Use will be posted on the Site, and you should review the Terms of Use prior to using the Site or Services. YOUR CONTINUED USE OF ANY PART OF THE SITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

2. THIRD PARTY OR USER-SUBMITTED CONTENT
Content available through the Site or the Services may represent the opinions and judgments of an information provider, User, or other person or entity not associated with MBEP.  We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized MBEP spokesperson speaking in his/her official capacity. Users are solely responsible for any and all content and communications that they post or transmit to the Site or through use of the Services, or to any User of the Sites or Services, as well as for the consequences of such postings and transmissions.  You acknowledge that any reliance on any material or communication posted or transmitted by another User will be at your own risk.  We assume no responsibility for any User-submitted content or communications and no responsibility for the activities, omissions or other conduct of Users.  We act as a portal for the online distribution and publication of User-submitted information and we have no obligation to screen communications or information in advance and we are not responsible for screening or monitoring any User-submitted content or communications. We do not share your personal information with third parties for their marketing purposes without your consent. We may shares non-personal information, such as aggregate user statistics, demographic information and usage information with third parties.

3. USE OF SITE FOR APPROPRIATE COMMUNICATION
You agree to use the Site or Services only to post, send and receive messages and Content (as defined below in Section 6) that are proper and related to the creation of or response to an internship position. Among other actions, when using the Site or Services, you agree that you will not post, send, submit, publish, or transmit in connection with the Site or Services any material that:
(a)  You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by Intellectual Property Rights (or by rights of privacy or publicity);
(b)  Advocates illegal activity or discusses an intent to commit an illegal act;
(c)  Is vulgar, obscene, pornographic, or indecent;
(d)  Does not pertain directly to the Site or Services;
(e)  Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(f)  Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(g)  Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(h)  Violates any law or may be considered to violate any law;
(i)  Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(j)  Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
(k)  Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site or via a separate executed contract with MBEP;
(l)  Solicits funds, advertisers or sponsors;
(m)  Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(n)  Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site or Services;
(o)  Amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
(p)  Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Site or any networks connected to the Site; or
(q)  Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.MBEP reserves the right but not the obligation, to monitor use of the Site and Services to determine compliance with this Terms of Use, as well as the right to remove or refuse any information for any reason. MBEP reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. MBEP also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.  Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither MBEP nor any third party that provides Content to MBEP, will assume or have any liability for any action or inaction by MBEP or such third party with respect to any submission.

4. PROHIBITED ACTIVITIES
You may not access or use the Site or the Services for any other purpose other than that for which MBEP makes it available, including, but not limited to, for individuals seeking internship and career information, and employers seeking interns.  Certain activities, even if legal, may violate the common rules of etiquette as determined by MBEP in its sole discretion.  Prohibited activities include, but are not limited to:
(a)  Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
(b)  Advertising to, or solicitation of, any user to buy or sell any products or services;
(c)  Posting or transmitting any unsolicited advertising, promotional materials, junk mail, “spam,” chain letters, unsolicited bulk email, contests, promotions or any other form of solicitation.  If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Site or while using the Services, you acknowledge that you will have caused substantial harm to MBEP, but that the amount of such harm would be extremely difficult to ascertain.  As a reasonable estimation of such harm, you agree to pay MBEP $50.00 for each such unsolicited communication.
(d)  Using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(e)  Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages;
(f)  Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the Site and the Services;
(g)  Attempting to impersonate another user or person;
(h)  Using the username of another User;
(i)  Selling or otherwise transferring your profile;
(j)  Using any information obtained from the website in order to harass, abuse, or harm another person;
(k)  Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
(l)  Using the website in a manner inconsistent with any and all applicable laws and regulations; and
(m)  Data scraping and data mining activities.  If you data scrape or data mine the Site, you agree to pay US$50,000.00 for each incident.

5. THIRD PARTY CONTENT AND LINKS
The Site and Services provide content and material from third parties, and links to, and references, third party web sites, content and material not controlled by us (collectively, “Third Party Content”). You acknowledge and agree that we neither endorse nor are responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content.  Any concerns regarding such Third Party Content should be directed to the third party.  Under no circumstances will we be liable for any loss or damage caused by any use or reliance on Third Party Content or any purchase or use of goods or services from any third party referenced on the Site or through use of the Services. Nothing on the Site or available through use of the Services shall be deemed to be a recommendation of any third party, Third Party Content or third party products or services, or to constitute any representation or warranty as to a third party’s qualifications, services, products, offerings, information or any other content.

6. PROPRIETARY INFORMATION
The Site and Services, along with the material and content accessible from the Site and Services (collectively, the “Content”), contain proprietary and confidential information that is protected by Intellectual Property Rights, contract and other laws. “Intellectual Property Rights” means all worldwide statutory and common law rights in, arising out of, or associated with: (i) patents and patent applications including, without limitation, divisions, continuations, continuations-in-part, extensions, and reissues of the foregoing; (ii) works of authorship including copyrights, copyright applications, copyright registrations, and moral rights; (iii) trade secrets, know-how, inventions, discoveries, designs, processes and other proprietary information, all developments of any of the foregoing and in each case whether protected or protectable; and (iv) trademarks, service marks, logos, and trade dress rights, including, without limitation, applications for, registrations of, and goodwill in the foregoing. All Content is the property of MBEP, or its content providers, service providers, suppliers, or licensors (collectively, “Licensors”). Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted by you in any way without the prior written consent of MBEP, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any intellectual property, or any other proprietary notice or legend appearing in, or on, any of the Content. Modification or use of the Content except as expressly provided in this Terms of Use violates MBEP’s and its Licensor’s Intellectual Property Rights. Neither title, ownership or Intellectual Property Rights to the Site and MBEP Service are transferred to you by access to the Site and use of the Services. The compilation (meaning the collection, arrangement and assembly) of the Content is the exclusive property of MBEP.
Misappropriation or unauthorized use by others of the Content for commercial gain would unfairly and/or irreparably harm MBEP, its affiliates and its Licensors or reduce MBEP’s, its affiliates’ and its Licensors’ incentive to create, develop and maintain such information. You will not commit or knowingly assist any act or omission that would contest or impair any of MBEP, its affiliate or is Licensors’ Intellectual Property Rights in the Content or that would cause the Content to infringe the Intellectual Property Rights of a third party. You agree to notify MBEP and its suppliers immediately upon obtaining any information regarding a threatened or actual infringement of their rights. You also agree that you will not use any Content in listings or advertisings in any manner without the prior written approval of such party.
You must retain all copyright, trademark, service mark and other proprietary notices contained in the Content on any copy you make of such material.

7. TERMINATION
We reserve the right, in our sole discretion, to deny access to the Site or Services by any User or to modify, suspend or terminate any User’s access to or use of the Site or Services at any time, for any reason or for no reason, without notice. We may also, in our sole discretion and at any time, discontinue providing any of the Site or Services, or any part thereof, with or without notice.

You agree that any termination of your access to any of the Site or Services under any provision of this Terms of Use may be effected without prior notice, and you agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site or the Services. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or Services.

We reserve the right to expel Users and prevent their further access to the Site or Services for violating this Terms of Use, suspected fraudulent activity or the law, and we may take any action with respect to User-submitted information and violations of system or network security that we deem necessary or appropriate in our sole discretion, including, but not limited to, suspension, termination of the account or pursuing any legal remedies, including civil and criminal penalties. We may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

8. DISCLAIMER OF WARRANTIES
All Users expressly understand and agree that:
(a) YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE, SERVICES AND ALL CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MBEP AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(b) MBEP AND ITS LICENSORS MAKE NO WARRANTY THAT: (I) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED, (IV) THAT THE SITE OR SERVICES (OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE OR SERVICES) OR SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE OR COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, (V) ANY CONTENT OR COMMUNICATION WILL BE VIEWED BY ANY MINIMUM OR SPECIFIC NUMBER OF USERS OR BY ANY PARTICULAR USER; OR (VI)THE SITE, SERVICES OR CONTENT, IS CORRECT, ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

(d) CERTAIN SERVICES ACT AS A PLATFORM FOR EMPLOYERS TO POST JOB AND INTERNSHIP LISTINGS, AND FOR CANDIDATES TO POST RESUMES AND REGISTRATION DATA. MBEP IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN EMPLOYERS AND CANDIDATES, AND IS NOT TO BE CONSIDERED AN EMPLOYER WITH RESPECT TO YOUR USE OF THE SITE OR SERVICES, AND SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT OR INTERNSHIP DECISIONS, FOR WHATEVER REASON, MADE BY ANY ENTITY POSTING JOBS ON ANY SITE OR THROUGH USE OF THE SERVICES.

(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MBEP OR THROUGH USE OF THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE. The Content has been prepared for informational and educational purposes only and in no way constitutes legal, financial or any other type of professional advice. You should not act upon any information contained on the Site or provided through use of the Services without consulting your own legal, financial or other professional advisor.

(f) It shall be the responsibility of the Employers to follow fair labor practices, nondiscriminatory employment policies and all aspects of applicable state and federal labor laws in the implementation of any employment or internship hiring decisions made as a result of postings on this Site.

9. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL MBEP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND – INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA – ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, REGARDLESS OF WHETHER MBEP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
(b) MBEP, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR PART BY THEIR NEGLIGENT ACTS OR OMISSIONS IN PROCURING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION NOR ANY CLAIMS ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES CONTAINED IN THE CONTENT.

10. INDEMNIFICATION
You agree to defend, indemnify and hold harmless MBEP, its subsidiaries, affiliates, Licensors, employees, agents, officers, and directors from and against any and all damages, liabilities, claims, demands, costs and expenses, including but not limited to, reasonable attorneys’ fees, resulting from (i) your use or misuse of the Site or Services, (ii) the use of the information by individuals or entities which have not been authorized to have access to the information, (iii) violation of this Terms of Use (as amended and in effect from time to time), (iv) conduct, communication or interaction with any other user of the Site or Services or any of your other activities on the Site or use of the Services, or any ensuing employment obtained through use of the Site or Services, or (v) violation of the rights of any other User of the Site or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. RELEASE
If you have a dispute with one or more users, you release us (and our officers, directors, agents, affiliates, subsidiaries, Licensors, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “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.”

12. MISCELLANEOUS
(a) The Terms of Use and the Privacy Policy constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and MBEP with respect to the Site or Services.
(b) A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(c) Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain.
(d) No waiver of any provision of the Terms of Use by MBEP shall be effective unless in writing signed by an authorized representative of MBEP. The waiver by MBEP of a breach or violation of any provision of this Terms of Use shall not constitute a waiver by MBEP of any succeeding breach of the same or other provision; nor shall any delay or omission on the part of MBEP to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any such right, power or privilege by Internships. Any provisions of this Terms of Use that may be invalid shall not affect the validity of enforcement of the remaining valid terms of the Terms of Use.
(e) Third parties (including affiliates, business partners and Licensors) are intended third-party beneficiaries of the sections titled “Proprietary Information” and “Limitation of Liability”.