License and Site Access
Any unauthorized use of or access to our Site or services is prohibited and will terminate any permission or license granted herein to use the Site, the Site's Data, content and services.
Use of Compensation and Benefits Information Data
The Site contains information, content and data for individual consumers as well as for employers and organizations.
The use of the compensation, benefits, job opportunity and other content and data provided by PayScale and or its data providers or licensors (i) found under or by way of the "My PayScale" portion of the Site including, without limitation, all information, content and data included in "PayScale Premium Reports", "PayScale Blog" and the PayScale "Research Center" and (ii) that is intended by Us to be directed at individual consumers and not employers or organizations (collectively, the "Consumer Data") is provided for personal use by individual consumers only, and is not intended for use by businesses or organizations or to be to be used or relied upon for any other purpose. Employers may access PayScale Salary data through the "PayScale MarketRate" product. You hereby represent and warrant that (i) by using the "My PayScale" and consumer directed portions of the Site, you are using the Consumer Data solely for your own personal use and not for any business or research purpose; (ii) you are not a human resource specialist, researcher, hiring manager or other similar employee of a business or organization that is accessing the Consumer Data for use in your job duties or for the benefit of your employer or organization; and (iii) you will not use the Consumer Data for commercial purposes and will not aggregate, redistribute or otherwise transmit the Consumer Data to any other individual or entity.
The use of the compensation, benefits, job opportunity and other content and data provided by PayScale and or its data providers or licensors (i) found under or by way of the "For Employers" portion of the Site including, without limitation, all information, content and data included in "PayScale Salary Reports" and "PayScale MarketRate" and (ii) that is intended by Us to be directed at employers or organizations (collectively, the "Employer Data" and together with the Consumer Data, the "Data") is provided for use to employers and organizations for their internal business purposes only. You hereby represent and warrant that (i) by using the "For Employers" and employer directed portions of the Site, you are using the Employer Data solely for your own internal business use; and (ii) you will not use the Employer Data for commercial purposes and will not aggregate, redistribute or otherwise transmit the Employer Data to any other individual or entity.
In addition to the provisions found in the "Disclaimer of Warranties" section below, PayScale (i) provides the Data "AS IS" and PayScale makes no warranty, expressed or implied, including, but not limited to warranties of merchantability and warranties of correctness and fitness for a particular purpose relating to the Data (ii) does not warrant the accuracy and completeness of this Data, and (iii) its data providers shall not be liable for any errors or inaccuracies in the Data, or for any actions taken in reliance thereon.
Supplemental Terms for Use of PayScale Syndication Center and PayScale Syndication Center Tools and Data
The use of the compensation, benefits, job opportunity and other content and data found under or provided by way of the "PayScale Syndication Center" portion of the Site including, without limitation, all information, content and data that may be linked or served via the Site through your use of the Tools (the "Syndication Center Data") found there is provided for use to individuals and organizations subject to the following supplemental terms and conditions (the "Supplemental Terms"):
You agree that by or in using the Tools found in the PayScale Syndication Center portion of the Site or by providing access to the PayScale Syndication Center Data you shall: Access the PayScale Syndication Center and implement the Tools on your Web site(s), and distribute the PayScale Syndication Center Data to your customers without charge on your Web site(s) subject to the following restrictions:
- This license is personal to you, and any affiliates must seek and obtain their own license by virtue of visiting the PayScale Syndication Center and copying and using the Tools as instructed.
- You may not present the Content (or permit the Content to be presented) so that it appears to be available from a third party Web site.
- You may not separately extract and provide or otherwise use the Content to enhance the data files of third parties or your own data files.
- You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any aspect of the Tools or Content provided through the PayScale Syndication Center. This includes removing links to PayScale that are part of the syndication tools.
- PayScale may discontinue the Tools and the offering of the PayScale Syndication Center Data at any time for any reason. PayScale may also terminate any license granted under these Supplemental Terms to you at any time for any reason.
While using the Site, you agree to:
- Follow all local, state, national and international laws and regulations;
- Take responsibility for all acts that occur under your account or password, including any content transmitted or broadcast from your account;
- Maintain the confidentiality of your password and login identity;
- Comply with all intellectual property and other proprietary rights laws, including but not limited to federal copyright and trademark laws, in the use of the Site and in making your personal profile;
- Provide only accurate and appropriate personal information about yourself; and
- Keep your personal information posted on the Site within the convention of good taste. If inappropriate material it is brought to our attention, we will revise or delete it the inappropriate information at our discretion and with no notice to you. We have the right to request edits or make edits to your personal information at our discretion.
While using the Site, you agree NOT to:
- Use your access to the Site for any commercial redistribution purpose without prior written permission from Us;
- Post your email address anywhere on the Site including your member profile or on any message posts. This protects your privacy and the potential misuse of your personal information by others for mischievous purposes;
- Post your phone number or addresses;
- Republish information found in the Site without first obtaining written permission from Us;
- Post or forward any confidential correspondence from PayScale;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about Site visitors or members without their express consent;
- Any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third-party's intellectual property or other rights. In the event you do, We have the right to release your identifying information to the police, our attorneys or the individual you mentioned in your posting so that they may take action against you;
- Any trade secret of any third-party;
- Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by Us), or engage in spamming or flooding; or
- Any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component.
PayScale reserves the right to modify, suspend or terminate access to the Site at any time without notice or refund if you are suspected of violating any of these Terms of Service. We also reserve the right, on occasion, to require you to change your login and password. Payment for joining PayScale is non-refundable.
Although certain areas of the Site do not require you to be a PayScale member and register, some areas and services do. When and if you register to become a member, you agree to
- Provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address); and
- To maintain and update your information (including your email address) to keep it true, accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate your use of the Site.
User Content and Submissions
You are solely responsible for your account information, current job profile, content, messages or other information ("User Content") that you submit, publish, post or display on or to the Site. By submitting or posting User Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to PayScale an irrevocable, perpetual, royalty-free, non-exclusive, fully paid, sublicenseable (through multiple tiers) worldwide right (including any moral rights) and license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.
Special Terms Applicable to PayScale Premium Membership and PayScale MarketRate
Copyright and Trademark Notices
The logos, marks, trade names and the products and services described in this Site are either trademarks, service marks or registered trademarks of PayScale or its licensors, including, without limitation, "PayScale", "The PayScale Report" and "People Like You." Such marks may not be copied, imitated or used, in whole or in part, without the prior written permission of PayScale or its licensors. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and related scripts) are service marks, trademarks, and/or trade dress of PayScale, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PayScale. All other trademarks, registered trademarks, product names and PayScale names or logos mentioned herein are the property of their respective owners.
You may not use, frame, or use framing techniques to enclose, any PayScale trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any Web page or form contained on a Web page) without PayScale's express written consent. Further, you may not use any metatags or any other "hidden text" utilizing a PayScale name, trademark, or product name without PayScale's express written consent.
PayScale respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide PayScale's copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PayScale's copyright agent for notice of claims of copyright infringement on this Site isFinance Department
542 1st Avenue S, Suite 400
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Disclaimer of Warranties
THIS SITE IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PayScale DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. PayScale DOES NOT WARRANT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PayScale DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT OR MATERIAL IN THIS SITE (INCLUDING, WITHOUT LIMITATION THE DATA) IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. THE DATA, INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PayScale MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PayScale OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that PayScale may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of PayScale shall be the minimum permitted under such applicable law.
Limits on Liability and Refund
NEITHER PayScale NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE DATA, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE DATA, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PayScale FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
Given the nature of these terms, you understand and agree that, in addition to money damages, PayScale will be entitled to equitable relief upon a breach of them by you.
Survival of Provisions
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Entire Agreement; Assignment
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If you have any questions concerning this Site or its policies, please notify us of the problem by Contacting Customer Service.
Last updated June 8th, 2010.