KENYAN JOBSCORE
Terms of Use
Last Updated: September, 2013
THE SITE DOES NOT PROVIDE PROFESSIONAL ADVICE
Acceptance of the Terms and
Conditions
This Terms of Use Agreement (the “Agreement”) and the Privacy Policy
located on our web site states the terms and conditions under which you may use
the web site located at http://kenyanjobscore.blogspot.com/and all content
available therein, including, without limitation, all subdomains thereof (the
“Site”). Please read this Agreement
carefully. This site contains various
information in the form of data, text, departmental overviews, reports,
excerpts from educational presentations, and other materials relating to KenyanJobScore
(“KenyanJobScore” or “we” or “us”) as well as third-party content
(collectively, the “Content”).
This Agreement is subject to change by us at any time, without notice,
effective upon posting of a link to same on our website. By accessing,
browsing, and/or using this Site and its Content, you acknowledge that you have
read, understand and agree to be legally bound by this Agreement.
Jobs Information
The information on the Site is for information purposes only and is not
intended as a substitute for professional help or advice. Nothing contained in
this Site is intended to constitute a Jobs endorsement. Nothing in this Site is
intended as a recommendation or endorsement of any specific tests, products,
procedures, opinions, or other information that may be mentioned in this Site.
Any reliance on any information provided by the website personnel, others
appearing on the Site at the invitation of the website and/or other visitors to
the Site is solely at the user's risk.
The transmission and receipt of information contained on the Site, in
whole or in part, or communication with KenyanJobScore via the internet or
e-mail through this Site does not constitute or create a user-owner relationship
between us and any recipient. You should not send us any confidential
information in response to this Site. Such responses will not create a user-owner
relationship, and whatever you disclose to us in that manner will not be
privileged or confidential. You should not act or refrain from acting or rely
in any way on the basis of any Content included in this Site without seeking
the appropriate Jobs or professional advice on the particular facts and
circumstances at issue. Any opinions expressed through the Content of this Site
are the opinions of the particular author and may not reflect the opinions of KenyanJobScore
or any professional personnel thereof.
Intellectual Property Rights
Trademarks: Other company product and service names and logos used and
displayed on this Site may be trademarks or service marks of their respective
owners who may or may not endorse or be affiliated with or connected to KenyanJobScore.
Nothing on this Site shall be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any KenyanJobScore Trademark
displayed on this Site without prior written permission in each instance. All
goodwill generated from the use of KenyanJobScore Trademarks will inure to our
benefit.
Communications with KenyanJobScore
Please be advised that we cannot guarantee the confidentiality of any
communication or material transmitted to us via the Site or via electronic
transmission. We also do not guarantee that any electronic communication will
reach us due to firewalls, software incompatibilities and other such factors.
Therefore, we suggest that you use caution when transmitting any information
via the Internet. KenyanJobScore expressly disclaims any liability for damages
resulting from third party interception of your communications with us via the
Internet. If you choose to send us any information via the Site or via e-mail,
you do so solely at your own risk.
Copyright Complaints
If you believe this Site contains Content that infringes your copyright
please write to us on statisticsolutions101(at)gmail(dot)com with details of
copyright infringement:
A description of the copyrighted work that you claim has been
infringed;
A description of where the material that you claim is infringing is
located on the Site;
Links to Other Websites and
Content
This Site may periodically provide links to third-party web sites
(“Third Party Sites”) and may otherwise contain Content, including, but not
limited to, third-party content (“Third Party Content”). This Agreement governs
only this Site and not any Third-Party Sites. Our decision to link to a
Third-Party Site and/or to make Content (including, without limitation, Third
Party Content) available through the Site is not an endorsement of the content
or services in that linked Third-Party Site or in the Content. KenyanJobScore
does not control these Third Party Sites and does not draft, edit, or confirm
the accuracy of Content (including, without limitation, Third Party Content)
and expressly disclaims any responsibility for the Content (including, without
limitation, Third Party Content) and the accuracy of the information and any
products or services available on or through Third-Party Sites. If you decide
to access any linked Third-Party Site or to rely on any Content (including,
without limitation, Third Party Content), you do so at your own risk. You
should direct any concerns regarding any Third-Party Sites to the administrator
of the applicable Third-Party Site. You should also refer to the separate terms
of use, privacy policies and other rules posted on Third-Party Sites before you
use them.
Online Commerce
Certain sections of the Site may allow you to make donations or
purchase many different types of products and/or services online, some or all
of which may be provided by Third Parties. We are not responsible for the
quality, accuracy, timeliness, reliability or any other aspect of such products
and/or services. If you effect a transaction on the Site, the information
obtained during your transaction, such as your credit card number and contact
information, may be collected by both the merchant and us. A merchant may have
privacy and data collection practices that are different from ours. We have no
responsibility or liability for these independent policies. In addition, when
you purchase products or services on or through the Site, you may be subject to
additional terms and conditions that specifically apply to your purchase or use
of such products or services. For more information regarding a merchant, its
online store, its privacy policies, and/or any additional terms and conditions
that may apply, you should contact such merchant.
You agree to be financially responsible for all transactions effected
by you or someone acting on your behalf through the Site.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. NONE OF KENYANJOBSCORE, ITS AFFILIATES, SUBSIDIARIES OR
ITS OR THEIR RESPECTIVE OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES OR AGENTS
(COLLECTIVELY THE “KENYANJOBSCORE PARTIES”) GUARANTEES THE ACCURACY,
COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION
OF THE SITE. NONE OF THE KENYANJOBSCORE PARTIES WARRANTS THAT THIS SITE WILL BE
UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED
WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY,
TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE KENYANJOBSCORE PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS
ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS
OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR
OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT,
MATERIAL, AND/OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE KENYANJOBSCORE PARTIES BE LIABLE
FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH
THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS,
AND/OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE KENYANJOBSCORE
PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, STATUTORY,
EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE
SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER
DAMAGES, IN SUCH OTHER JURISDICTIONS THE KENYANJOBSCORE PARTIES’ LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
Indemnification
You agree to make KenyanJobScore, its affiliates, shareholders,
partners, trustees, directors, officers, co-branders, subsidiaries, parents,
employees and agents, whole for any and all claims, losses, liabilities, and
expenses (including attorney’s fees) arising directly or indirectly from your
use of the Site or any violation of this Agreement.
Dispute Resolution
Any dispute arising out of or in connection with this Agreement or your
use of any Content or this Site or your access to or links to this Site shall
be resolved by arbitration before a neutral arbitrator administered by the Judiciary
in Kenya, in accordance with its Commercial Arbitration Rules, as then in
effect. Except for punitive damages (which may not be awarded), any provisional
or equitable remedy which would be available from a court of law shall be
available from a sole arbitrator to parties. Any determination by such
arbitration shall be final and conclusively binding and shall not include any
damages expressly prohibited in this Agreement. The award of the arbitrator may
be enforced in any court having jurisdiction thereof. All parties hereto hereby
consent (a) to the non-exclusive jurisdiction of the courts in Kenya for any
action (i) to compel arbitration; (ii) to enforce the award of the arbitrators
or (iii) at any time prior to the qualification and appointment of the
arbitrator, for temporary, interim or provisional equitable remedies and (b) to
service of process in any such action by registered mail or any other means
provided by law. Some jurisdictions may provide additional rights to consumers.
Miscellaneous
In the event that any portion of this Agreement is held to be invalid
or unenforceable, then such portion shall be construed in accordance with the
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remainder of this Agreement shall remain in full force and
effect. The sections of this Agreement entitled Intellectual Property Rights,
Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall
survive the termination of this Agreement. KenyanJobScore reserves the right to
change, suspend, or discontinue all or any part of this Site or the Content at
any time without prior notice or liability. The paragraph headings herein are
provided only for reference and shall have no effect on the construction or
interpretation of this Agreement. You expressly absolve and release the KenyanJobScore
Parties from any claim of harm resulting from a cause beyond their control,
including, but not limited to, failure of electronic or mechanical equipment or
communication lines, telephone or other interconnect problems, computer
viruses, unauthorized access, theft, operator errors, severe weather,
earthquakes, or natural disasters, strikes or other labor problems, wars,
terrorist activities or governmental restrictions. You may not assign any of
your rights or obligations under this Agreement. No waiver shall be effective
unless in writing. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. This Agreement
shall be governed by and construed in accordance with the laws of the Government of Kenya, except with regard to its conflicts or choice of law rules. You
shall comply with all laws, rules and regulations which are now or hereinafter
promulgated by any government authority or agency which govern or apply to the
operation or use of this Site. Without limiting the generality of the
foregoing, you expressly agree to comply with such restrictions and not to
export or re-export any of the Content to countries or persons prohibited under
the export control laws of the United States. You are prohibited from any use
of the Site that would constitute an illegal offense, give rise to liability or
otherwise violate any applicable local, state, national or international law or
regulation. All rights not expressly granted herein are reserved by KenyanJobScore.
This Agreement contains the entire agreement of the communication between the
parties concerning its subject matter.