Terms of Service

The following terms and conditions govern all use of the FunctionalJobs.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Recursive I/O, LLC. ("Recursive I/O"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Recursive I/O's Privacy Policy) and procedures that may be published from time to time on this Site by Recursive I/O (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Recursive I/O, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify Recursive I/O of any unauthorized uses of your account or any other breaches of security. Recursive I/O will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  2. Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

    By submitting Content to Recursive I/O for inclusion on your Website, you grant Recursive I/O a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Recursive I/O will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Recursive I/O has the right (though not the obligation) to, in Recursive I/O's sole discretion (i) refuse or remove any content that, in Recursive I/O's reasonable opinion, violates any Recursive I/O policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Recursive I/O's sole discretion.

  3. Fees and Payment. Some services available on the Website require payment of fees. All fees are stated in U.S. dollars. If you choose to purchase services on the Website you agree to pay all applicable fees, as described on the Website in connection with such services, and any related taxes or additional charges. You represent to Recursive I/O that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Website. All fee-based services and virtual goods are provided "as is" with no warranties of any kind. Recursive I/O may modify and/or eliminate such fee-based services at its discretion. You understand and agree that the payment for virtual goods grants you a limited license to use the virtual goods as specified on the Website.

  4. Responsibility of Website Visitors. Recursive I/O does not review all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Recursive I/O does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Recursive I/O disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

  5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FunctionalJobs.com links, and that link to FunctionalJobs.com. Recursive I/O does not have any control over those non-Recursive I/O websites and webpages, and is not responsible for their contents or their use. By linking to a non-Recursive I/O website or webpage, Recursive I/O does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Recursive I/O disclaims any responsibility for any harm resulting from your use of non-Recursive I/O websites and webpages.

  6. Copyright Infringement and DMCA Policy. As Recursive I/O asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Recursive I/O by providing a written notice ("Infringement Notice") containing the information described below to the designated agent listed below. Recursive I/O will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Recursive I/O will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Recursive I/O or others. If Recursive I/O takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Recursive I/O.

    Your Infringement Notice may be forwarded to the party that made the content available or to third parties such as ChillingEffects.org.

    Please be advised that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

    Reporting Copyright Infringements

    If You believe that content residing or accessible on the Website infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:

    • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
    • An identification of the copyright claimed to have been infringed;
    • A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit Recursive I/O to find and positively identify that content; for example we require a link to the specific web page that contains the content and a description of which specific portion of the web page—an image, a link, the text, etc—your complaint refers to;
    • Your name, address, telephone number and email address; and
    • A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) that all of the information contained in your Infringement Notice is accurate, and (c) under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

    Filing Copyright Counterclaims

    If you believe you are the wrongful subject of a copyright takedown notice, you may file a counter notification with Recursive I/O by providing the following items in writing to the Designated Agent at the address below:

    • Your name, address, phone number and physical or electronic signature;
    • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., the U.S. Federal District Court for Seminole County, Florida), and that you will accept service of process from the person who originally provided us with the Infringement Notice (the "Copyright Holder");
    • Identification of the allegedly infringing content and its location before removal or disabling of access; and
    • A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification.

    Upon receipt of a counterclaim, Recursive I/O will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Recursive I/O does not receive any such notification within 10 days, we may restore the material to the Website.

    Designated Agent

    Attn: Copyright Agent
    Recursive I/O, LLC
    340 S Lemon Ave
    Suite 1672
    Los Angeles, CA 91789
    Phone: +1.800.807.1751
    Fax: +1.800.807.1751
    Email: dmca [at] functionaljobs [dot] com

  7. Intellectual Property. This Agreement does not transfer from Recursive I/O to you any Recursive I/O or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Recursive I/O. Recursive I/O, Functional Jobs, FunctionalJobs.com, the Functional Jobs logo, and all other trademarks, service marks, graphics and logos used in connection with FunctionalJobs.com, or the Website are trademarks or registered trademarks of Recursive I/O or Recursive I/O's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Recursive I/O or third-party trademarks.

  8. Changes. Recursive I/O reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Recursive I/O may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

  9. Termination. Recursive I/O may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  10. Disclaimer of Warranties. The Website is provided "as is". Recursive I/O and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Recursive I/O nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

  11. Limitation of Liability. In no event will Recursive I/O, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Recursive I/O under this agreement during the twelve (12) month period prior to the cause of action. Recursive I/O shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Recursive I/O Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  13. Indemnification. You agree to indemnify and hold harmless Recursive I/O, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  14. Miscellaneous. This Agreement constitutes the entire agreement between Recursive I/O and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Recursive I/O, or by the posting by Recursive I/O of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Seminole County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orlando, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Recursive I/O may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.