PAYSCALE TERMS OF USE

Agreement

PayScale, Inc. ("PayScale," "We," "Us") provides this web site and all site-related services, content and products (collectively, the "Site") subject to your compliance with the policies, terms and conditions set forth in this agreement (the "Terms of Use"). The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Site for any reason. PayScale OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE. BY ACCESSING, BROWSING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE. PayScale may revise these Terms of Use at any time by updating this posting. Please visit this page periodically to review these Terms of Use as they are binding on you. Your continued use of the Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

Privacy Policy

For information regarding privacy, please review the Privacy Policy which also governs your visit to the PayScale Site. These Terms of Use include the PayScale Privacy Policy which is incorporated hereby into these Terms of Use by reference. By using the Site, you are indicating your agreement to the Privacy Policy.

Eligibility

You must be 13 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, you represent and warrant to PayScale that you are 13 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to PayScale that you will use the Site in a manner consistent with any and all applicable laws and regulations.

License and Site Access

This Site is for your personal and noncommercial use only, unless otherwise set forth herein or otherwise agreed to in writing by PayScale. PayScale grants you a limited, non-exclusive, non-assignable and non-transferable license to use this Site for your personal and internal business purposes only, and solely on terms consistent with these Terms of Use, including, without limitation, the "Use of Compensation and Benefits Information Data" section below, and any incorporated agreements. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any data (as defined below), product listings or descriptions; (c) making derivative uses of the Site and its contents (including, without limitation, any Data, documents, job listings or information); or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of PayScale or any third-party. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Site as a whole, or any software, Data, products or services obtained from or available as part of or in conjunction with this Site. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site or its content. You may not transfer to or store any data residing or exchanged over the Site in any electronic network for use by more than one user unless you obtain prior written permission from PayScale.

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:

  • You agree that your provision of the Tools and Content to users shall be on "as is" terms, with disclaimers substantially equivalent to those set forth in PayScale's Terms of Use.
  • 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.
  • If you become aware that any user of your implementation is in material breach of the Supplemental Terms or other terms, then you agree to notify PayScale promptly of such breach by e-mail to service@payscale.com, and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of PayScale, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to PayScale or its licensors, or (b) assign any of your applicable rights to permit PayScale or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Supplemental Terms will survive termination of these Terms of Use or your use of the Tools provided through the PayScale Syndication Center.
  • 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.

Member Conduct

We have the right, but not the obligation, to monitor any activity, information or content associated with the Site. We may investigate any reported violation of these Terms of Use or complaints and We may take any action that We deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of information or content. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, We may access and disclose any information We consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addresses and traffic information, usage history, and content. Our right to disclose any such information shall govern over any terms of our Privacy Policy.

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;
  • Transmit
    • 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.

Registration

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.

As part of the registration process, you will be asked to enter your email address and a password. You will be responsible for the confidentiality and use of your login information and agree not to transfer or resell your use of or access to the Site to any third-party. If you have reason to believe that your account with Us is no longer secure, you must promptly change your password by updating your account information by logging in and clicking on "My Account" tab, clicking on the "Change" link corresponding to the "Email/Password" section and immediately notify Us of the problem by Contacting Customer Service. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN INFORMATION AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. Please see PayScale's Privacy Policy for further details regarding your personal and account information.

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.

All User Content or information submitted to the PayScale system directly via the Site or indirectly through a third-party affiliate website automatically becomes the sole property of PayScale. It is part of PayScale's business model to calculate and publish statistics on this data, in addition to reporting details about this data as long as it does not violate our Privacy Policy. Therefore PayScale reserves the right to use this information at its sole discretion. Users who have submitted personal information and later wish to have their personal information removed from PayScale's system may send a written request to PayScale's corporate office or Contact Customer Service. Your submission of User Content to this Site signifies acceptance of these Terms of Use.

You hereby certify that you have no outstanding agreement or obligation that is in conflict with any of the provisions of this Agreement or that would preclude you from complying with these Terms of Use, including, without limitation, any restrictions or obligations relating to your User Content including any current job profile or salary/benefits information that you may disclose to PayScale.

Special Terms Applicable to PayScale Premium Membership and PayScale MarketRate

(a) PayScale Premium Membership. A PayScale premium member ("Premium Member") has paid for access to premium Consumer Data content and features, along with an exclusive suite of products, listings and information. The product offerings and pricing are subject to change at any time with or without notification for premium membership, but users will not be charged any increased fees without prior notification from PayScale. PayScale premium products are only accessible to Premium Members solely on terms consistent with these Terms of Use and upon receipt of payment for such applicable products and services. The list of premium products and terms include, but are not limited to, Jack Chapman's Salary Negotiation Guide; PDF and online versions of PayScale "Premium Reports"; comparative salary or hourly rate data along with bonus and commission data; vacation, health benefits and profit data including variation within certain industries; up to ten profiles of others with similar job titles; job listings and educational opportunities that match a user's profile and a 100% satisfaction money-back guarantee on your Premium Membership. These product offerings, pricing and terms are subject to change at any time with or without notification. Users may terminate their membership as a PayScale Premium Member at any time, for any reason by Contacting Customer Service with your request. Cancelling your PayScale Premium Membership does not entitle user to any refund of fees.

(b) PayScale MarketRate. PayScale offers the Employer Data and additional content and features to employers and other organizations through its paid "PayScale MarketRate" products and services, including, without limitation, its PayScale "Salary Reports", solely on terms consistent with these Terms of Use and upon receipt of payment for such applicable products and services. We are currently offering a 100% money-back guarantee on your satisfaction of "PayScale MarketRate". The "PayScale MarketRate" product offerings, pricing and terms (including the 100% money-back guarantee) are subject to change at any time with or without notification. Such offerings and pricing are available on the Site or by Contacting Customer Service.

Making Purchases

If you wish to purchase products or services described on the Site (including PayScale Premium or PayScale MarketRate) you will be asked by PayScale (or, if you are purchasing the product through a co-branded area of the Site, by the provider of the product or service) to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by PayScale in the manner described in our Privacy Policy. You agree that all information that you provide to PayScale will be accurate and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Descriptions or images of, or references to, products or services on the Site do not imply PayScale's endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, or to limit the order quantity on any product or service and/or refuse service to you. Verification of information may be required prior to PayScale's acceptance of any order. Price and availability of any product or service are subject to change without notice.

Copyright and Trademark Notices

All content and graphics on this Site are copyrights of PayScale and the related logos are trademarks and registered trademarks of PayScale. Other products and company names mentioned herein may be the trademarks or tradenames of their respective owners. All copyrighted and copyrightable materials on this Site, including, without limitation, the PayScale logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright ©2000-2007 PayScale, Inc., and/or its licensors. Except as stated in these Terms of Use or an incorporated agreement, none of the 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 PayScale or the respective copyright owner.

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.

Copyright Complaints

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 is

Finance Department
PayScale, Inc.
542 1st Avenue S, Suite 400
Seattle, WA 98104
206-223-7590
finance@payscale.com

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.

Indemnification

You agree to indemnify and hold PayScale, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (either directly or indirectly) (a) your (or anyone using your account's) use of and access to the Site; (b) any alleged or actual breach of these Terms of Use; (c) any allegation that any materials that you submit to Us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third-party; (d) any claim that (or anyone using your account's) User Content caused damage to a third-party; and (e) your disclosure of information relating to your current or past employment including any salary, benefits, employer or other information disclosed by you.

Law

These Terms of Use and any dispute of any sort that might relate to or arise between you and PayScale or its affiliates shall be governed by the laws of the State of Washington, without regard to principles of conflict of laws. This Site is operated by PayScale from the State of Washington, United States of America. PayScale makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms of Use shall be governed by internal Washington and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in King County, Washington. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

Remedies

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.

Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PayScale's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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

These Terms of Use constitute the entire agreement between Us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site.

Contact Information

This Site is owned and operated by PayScale, Inc. with corporate offices in Seattle, WA.

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.