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Terms Of Use

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Rooter Dude Web site Terms of Use

These terms of use (“Terms of Use”) apply to your access to, and use, of the web site of R.D. Plumbing, Inc. doing business as Rooter Dude (“Rooter Dude ”) located at and or (the “Site”).

Terms of Use Last Updated: May 21, 2004

By accessing, browsing, using, and/or downloading information, data, text, software or images, or other materials from this Site (the "Materials"), or by sending messages, information, resumes, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms of Use for each use and each visit of this Site. If you do not agree to all of these Terms of Use, do not use the Site.

1. Changes to Terms of Use

Rooter Dude has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, in whole or in part, at any time. Changes will be effective when a notice of such change is posted at this Site. Please check these Terms of Use frequently for updates by checking the date of "Last Update" at the top of this page. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes.

2. Changes to this Site

Rooter Dude may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. Rooter Dude has the right, in its sole discretion, but not the duty, to correct any errors or omissions in any portion of this Site at any time without notice.

3. Licensed Use and Restrictions

The Site may be used only for lawful purposes (a) by individuals and companies seeking BC technology news, event listing information, company directory listing information, technology stock information, financial and financing information, employment and career information, (b) by employers ("Employers") and recruitment companies ("Recruiters") seeking employees, and (c) by job seekers (“Candidates”) seeking employment. You agree to use the Site only to send Content and receive Materials that are proper and related to the purpose of this Site.

Subject to these Terms of Use, Rooter Dude grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial (other than your internal use) purpose, including without limitation use of the Materials on any other web site;

  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • copy job listing or other information from the Site and post or place it on a competitors’ Web site;
  • transfer the Materials to any other person without the written consent of Rooter Dude;
  • print or copy any of the HTML or other computer programs that are accessible at this Site;
  • use this Site in any manner that could damage, disable, overburden or impair this Site;
  • interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;
  • disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites;
  • upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure;
  • use any data mining, robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part;
  • use or attempt to use another's account, password, service, system or other information without prior written authorization from Rooter Dude;
  • create or use a false identity on this Site;
  • attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access;
  • harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or
  • register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

You may post certain Content to the Site. You may only post Content for the lawful, stated purposes of this Site. While using the Site, you agree not to do any of the following without our prior written authorization:

  • post any inaccurate, untimely, stale, incomplete or misleading information;
  • post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume;
  • post any employment opportunity or requirements that are inaccurate or not available with a verifiable company that is directly represented by your office;
  • post any employment opportunities that are not technology-related, or are outside a technology-related field or organization;
  • repost job postings in an effort to gain priority placement, copy other job postings as your own, post the same position multiple times on the Site or post multiple positions within one posting;
  • place any contact information within a job posting that is different from or in addition to contact information provided when subscribing to Rooter Dude’s services;
  • post any employment opportunity that does not contain a company URL, e-mail address or "apply online" application;
  • share passwords, login information or named user identification or otherwise allow multiple offices or users to access the Site and Services on a basis that is other than what was originally subscribed for. A named user is defined as one unique individual user with one unique password. An office is defined as a location where a named user routinely accesses or uses the Site or Services;
  • allow job postings or employment requirements to remain posted on the Site for more than 24 hours after they are no longer viable or valid. To the extent that a position is placed on "hold" or is otherwise not available for immediate placement, the posting must be removed from the Site until such time as the position is a viable opening;
  • send unsolicited email messages (commercial or otherwise) (“spamming”) or engage in flooding, soliciting or mass marketing via e-mail, direct mail, telephone, or otherwise to Rooter Dude job seekers or subscribers or users of the Site;
  • express or imply that any statements you make are endorsed by Rooter Dude;
  • impersonate any person or entity, including, without limitation, a Rooter Dude employee or agent, a user of Rooter Dude’s services, including a Candidate, placement specialist or an Employer, or otherwise misrepresent your affiliation with any person or entity;
  • respond to a job listing on behalf of anyone other than yourself;
  • delete or revise any material posted by any other person or entity;
  • use the Site for any unlawful commercial, research or information gathering purposes;
  • communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities;
  • "frame" or "mirror" any part of the Site; or use, frame or utilize framing techniques to enclose any Rooter Dude trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page), or use any meta tags or any other "hidden text" utilizing a Rooter Dude name, trademark, or product name;
  • link to any page of or material on the Site other than the URL located at;
  • print out or otherwise copy or use any personally identifiable information about Candidates for purposes other than consideration of the Candidates for potential employment by you or your company;
  • post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents;
  • post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or intellectual property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  • post opinions, notices or advertisements, commercial or otherwise or solicit business from Recruiters or Employers who post on the Site, including any solicitation by any of our competitors of Recruiters or Employers who post on the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials.

4. No Resale of Services

You agree not to reproduce, duplicate, copy, sell, resell or make available to any person not expressly licensed by Rooter Dude, whether via phone, fax, e-mail, mail or any other medium, or exploit for any commercial (other than your internal use) purposes any portion of the Services, use of the Services, or access to the Services or any information obtained there from, including without limitation the job listings, resumes or Candidate information.

5. Enforcement

Rooter Dude has the right, but not the obligation, to monitor and investigate occurrences which may involve violations of these Terms of Use and Rooter Dude may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Rooter Dude reserves the right at all times to remove, screen or edit any Content that violates these Terms of Use or is otherwise objectionable and to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request. In the event of violations of these Terms of Use, Rooter Dude may take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Rooter Dude's systems and customers, or to ensure the integrity and operation of Rooter Dude 's business and systems, Rooter Dude may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Rooter Dude 's right to disclose any such information shall govern over any terms of Rooter Dude 's Privacy Policy.

6. Termination

The permission and license granted to you herein shall terminate automatically if you breach any of the terms or conditions of these Terms of Use. Without limiting the foregoing, you agree that Rooter Dude, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site and Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if Rooter Dude believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Rooter Dude may also in its sole discretion and at any time discontinue providing the Services, the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Services and the Site may be effected without prior notice, and acknowledge and agree that Rooter Dude may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files, the Services and the Site. Further, you agree that Rooter Dude shall not be liable to you or any third-party for any termination of your access to the Services and the Site.

7. Registrants' Obligations to Supply Information

You agree to supply Rooter Dude with accurate, up-to-date and complete information when required. You agree to update this information as needed. Rooter Dude has the right to terminate your registration and account if Rooter Dude believes you have provided false documentation or if your account has remained unused for an extended period of time.

8. Username and Password

You must supply a username and password to gain access to some portions of the Site or Services. You retain the responsibility for keeping this information confidential. You also retain the responsibility for any and all actions that take place using your account. You agree to immediately notify Rooter Dude of any unauthorized use of your password or account or any other breach of security. Rooter Dude cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

9. Proprietary Rights

The Site, including all pages and all code related to thereto, is the property of Rooter Dude. Except as expressly provided herein, Rooter Dude does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Rooter Dude.

All copyrighted and copyrightable material on this Site, including, without limitation, the Site design, Materials, illustrations, designs, graphics, pictures, sound files and other files, and the selection and arrangements (“Site Materials”) thereof, that appear herein are ALL RIGHTS RESERVED © 2001-2003 May 21, 2004 R.D. Plumbing, Inc. and/or its third party providers, suppliers and licensors. Except as stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Rooter Dude or the respective copyright owner. You may not, without the permission of Rooter Dude or the respective copyright owner, (a) copy, publish, or post any Site Materials on any computer network or broadcast or publications media, (b) modify the Site Materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the Site Materials.


All trademarks, service marks, trade dress, logos and trade names used and displayed on this Site are either owned by Rooter Dude and/or its third party providers, suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Rooter Dude or its third party providers, suppliers or licensors. The following are trademarks, slogan, and/or service marks owned by Rooter Dude that are not yet registered: Rooter Dude,,, and the Rooter Dude logo with and or without the water droplet, "WE CLEAR DRAINS OTHERS CAN'T", and/or "FOR ALL YOUR PLUMBING NEEDS". In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Rooter Dude, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Rooter Dude.


Any software, as well as any files, images generated by such software, code and data accompanying such software (collectively "Software"), used or accessible through this Site is the copyrighted work of Rooter Dude or its licensors. You are licensed to use the Software on a non-exclusive basis in connection with your permitted use of the Site. You may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

10. Links and Third Party Content

The Site contains links to third party Web sites. These linked Web sites are not under the control of Rooter Dude. These links are provided only as a convenience to you and not as an endorsement by Rooter Dude of the contents of such third party Web site. Rooter Dude does not make any representations, warranties or conditions regarding the accuracy of materials on such third party Web sites, the information appearing thereon or any of the products or services described. Links do not imply that Rooter Dude sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Rooter Dude. If you access third party Web sites you do so at your own risk and it is your responsibility, not the responsibility of Rooter Dude, to take any and all appropriate protective measures before linking to these third party Web sites, including without limitation to guard against viruses and other destructive elements. Rooter Dude is not responsible for the contents of any page linked to the Site or any other page not under its control.

This Site contains materials, data, information provided, posted or offered by third parties, including third party provided content, advertisements and user content (collectively “Third Party Content”). Access to the Third Party Content is provided as a service to those interested in the information. Rooter Dude does not create, nor have control over the Third Party Content. You agree that Rooter Dude shall have no liability whatsoever for any such Third Party Content. Rooter Dude makes no representations, warranties or conditions whatsoever regarding the accuracy or completeness of the Third Party Content, and the indemnification, disclaimer and limitation of liability provisions in these Terms of Use apply to the Third Party Content. Users visit this Site and use the information contained therein at their own risk. You represent and warrant that you are solely responsible for the form, content and accuracy of any resume, posting or other Content placed by you, as applicable on the Site.

11. Disclaimers

You acknowledge that any use of or reliance on this Site, the Services or any Materials shall be at your sole risk. Rooter Dude makes no representation, warranty or condition of any kind regarding the Site, the Services and/or the Materials, including with respect to the information provided by third parties, all of which are provided on an "AS IS" basis. Rooter Dude EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Rooter Dude DOES NOT WARRANT THAT THE SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.

Not limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a byline, identification of publication source, or any other sort of third-party identifier, including the columns published on the Site, is provided by third parties on an "As Is" basis, and Rooter Dude does not review it. Rooter Dude and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site. No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate legal or other professional advice.

Rooter Dude does not screen or censor the listings offered or the information provided. As a result, Rooter Dude has no control over the quality, safety or legality of the jobs or resumes or other information posted, the truth or accuracy of the listings or information, the ability of Recruiters or Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users (including without limitation Employers, Recruiters and Candidates) or persons with whom you come in contact through the Site.

Because user authentication on the Internet is difficult, Rooter Dude cannot and does not confirm that each user (including without limitation Employers, Recruiters and Candidates) is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Site, in the event that you have a dispute with one or more such users, you release Rooter Dude (and its agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Rooter Dude is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Rooter Dude does not guarantee, and makes no representations, warranties or conditions as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. The use of the Site and the Material is at your own risk.

Rooter Dude shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Site.

Rooter Dude assumes no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, including, data, text, and images from this Site.

12. Limitation of Liability


The limitations of liability and disclaimers in these Terms of Use apply regardless of the form of action, whether for breach of or repudiation of contract, warranty, strict liability, negligence or other tort, or any other legal or equitable theory, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

13. Indemnity

You agree to defend, indemnify and hold harmless each of Rooter Dude, its affiliates, all third parties mentioned in the Site and each of their officers, directors, employees and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Services and the Materials or your breach of these Terms of Use.

14. Choice of Law and Jurisdiction

This Site is controlled, operated and administered by Rooter Dude from its offices within California, United States of America. Rooter Dude makes no representation, warranty or condition that this Site, the Services, the Content or the Materials are appropriate or available for use at any locations outside United States of America. If you access this Site from outside United States of America, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms of Use shall be interpreted, construed and governed by the laws of the Province of California and the federal laws of United States of America applicable therein, without reference to conflict of laws principles. The International Sale of Goods Act of California and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use or otherwise to create any rights or to impose any duties or obligations related to these Terms of Use.

Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information and subject to Section 15, the parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts of California and all appellate courts there from with respect to any legal action or proceeding which may be brought at any time relating in any way to these Terms of Use.

15. Arbitration

All disputes arising out of or in connection with these Terms of Use, or in respect of any defined legal relationship associated therewith or derived there from, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration under the rules of the California International Commercial Arbitration Centre. The appointing authority shall be the California International Commercial Arbitration Center The language of the arbitration shall be English. The case shall be administered by the California International Commercial Arbitration Center in accordance with its rules. The place of arbitration shall be Los Angeles, California, United States of America. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in United States of America and is independent of either party.

Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through any court having jurisdiction.

16. General

(a) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms of Use constitute the entire agreement between Rooter Dude and you with respect to the subject matter hereof. (b) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. (c) If for any reason a court of competent jurisdiction or arbitrator finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. (d) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. (e) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default. (f) No changes to these Terms of Use shall be made except by a revised posting at the Site. (g) The headings and captions of sections and paragraphs contained in these Terms of Use are all inserted for convenience of reference only and are not to be considered when interpreting these Terms of Use.

17. Individual Credit Card Terms of Use

Privacy Act Advisory Statement

The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with the request for information solicited on the Credit Card Payment Form. Accordingly, pursuant to the requirements of the Act, please be advised that: (1) the authority for the collection of this information is 15 U.S.C. § 1113 or 35 U.S.C. § 41 and 37 CFR 1.16-1.28, 1.492, or 2.6-2.7; (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the Rooter Dude is to charge the appropriate fee amount to the appropriate credit card account. If you do not furnish the requested information, Rooter Dude may not be able to charge the fee to the credit card or the credit card institution may refuse to accept the charge, either of which
will result in the fee being treated as not having been paid.

The information provided by you in this form will be subject to the following routine uses:

  1. The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act (5 U.S.C. § 552) and the Privacy Act (5 U.S.C. § 552(a)). Records from this system of records may be disclosed to the department of Justice to determine whether disclosure of these records is required by the Freedom of Information Act.
  2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.
  3. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for the information in order to perform the contract. Recipients of information shall be required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. §552a(m).

Terms and Conditions

Rooter Dude only accepts VISA, MASTERCARD, DISCOVER, AND AMERICAN EXPRESS Cards online. You agree to pay the full balance of the invoice using our online invoice bill pay feature. Payments must be received within 15 days from the date on the invoice if payments are to be made online or late charges and or lien procedures may began.

Service Charge

There is a $25.00 service charge for processing each payment refused (including a check returned "unpaid ’) or charged back by a financial institution.

18. Additional Terms of Use

Certain areas of this Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Company | Privacy Policy | Terms Of Use | Add To Favorites | ©2001-2004 R.D. Plumbing, Inc. All Rights Reserved.
Web Site Designed & Maintained by R.D. Plumbing Staff. Last Update: Friday May 21, 2004 0:03
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