CANDIDATE TERMS OF
USE Welcome
to the Candidate Terms of Use ("Terms of Use")
for Resourcis Information Services, Inc. ("Web
Site Owner") Web site and services. These Terms
of Use describe the terms and conditions under which persons
seeking employment opportunities or any other individuals
or entities accessing this web site ("you" or
"User") may access and use this web site or any
of its services.
Please
read these Terms of Use carefully. If you do not accept
these Terms of Use, do not use this web site or any of its
services. By using this web site or any of its services,
you are indicating your acceptance of these Terms of Use.
Web
Site Owner may revise these Terms of Use at any time by
posting the amended terms and/or conditions on this web
site. Any such amended terms and/or conditions shall
automatically be effective when they are posted on this
web site. You should review these Terms of Use periodically
because they are binding on you when you are accessing or
using this web site or any of its services. These
Terms of Use were last revised on March 1, 2002.
1.Eligibility
for Membership. This web site and the associated services
are available only to individuals or entities that can form
legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to
minors. If you do not qualify, please do not use our
services. Web Site Owner may refuse access to our
web site or services to anyone at any time, in our sole
discretion.
2.Use
of Material. Web Site Owner authorizes the User to
view and temporarily download a single copy of the materials
(including but not limited to documents, text, logos, HTML
code, graphics, button icons, sounds, audio clips, images,
software and other items) that are made available by Web
Site Owner on this site (the "Materials") solely
for your personal, non-commercial use.
All
Materials included on this site are the property of Web
Site Owner or its content suppliers and/or service providers
and protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement and
assembly) of all Materials on this site and all software
used on this site is the property of Web Site Owner or its
content suppliers and/or service providers and protected
by U.S. and international copyright laws. Other than
temporary downloads as necessary to access this site (which
will only be stored as long as is necessary for such access),
the Materials on this site may not be copied, distributed,
downloaded, transmitted, modified, posted, published, reproduced,
reused, republished, reposted, uploaded, displayed, sold,
publicly performed or otherwise used without the express
written permission of Web Site Owner. The use of the
Materials on any other web site or in a networked computer
environment is prohibited.
All
product and service marks contained on this web site are
the trademarks of their respective owners and may not be
used without the express consent of the owner of the respective
trademark.
In addition
to violating these Terms of Use, unauthorized use of the
Materials may violate copyright, trademark, patent and other
laws.
3. Permitted
Use of Web Site. This web site and the Materials included
on this site (collectively, the "Site") may be
used only for lawful purposes by individuals, such as the
User, seeking employment and career information and entities
seeking candidates for employment. You represent,
warrant, and agree that you will not use (or plan, encourage
or help others to use) the Site for any purpose or in any
manner that is prohibited by these Terms of Use. It
is the User's responsibility to ensure that your use of
the Site complies with these Terms of Use and to seek prior,
express written permission from Web Site Owner for any uses
not permitted or not expressly specified in these Terms
of Use.
4.
Prohibited Uses of Web Site. In connection with your
use of the Site, you will not:
(a)
Post, transmit, distribute, store, upload, or destroy material
(i) in violation of any applicable local, state, national,
or international law or regulation, or (ii) in a manner
that will infringe the copyright, trademark, trade secret,
patent or other intellectual property rights of others or
violate the privacy, publicity or other personal rights
of others.
(b)
Post or transmit any message, information, data, text, software
or images, or other materials ("Content") that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, hateful, racially,
ethnically or otherwise objectionable or that may invade
another's right of privacy or publicity.
(c)
Impersonate any person or entity, including without limitation
a Web Site Owner employee or agent, an authorized user of
the Site, a job applicant, or an employer, or otherwise
misrepresent your affiliation with any person or entity.
(d)
Post or transmit any Content that you do not have a right
to reproduce, display or transmit under any law or under
contractual or fiduciary relationships (such as nondisclosure
agreements).
(e)
Post any incomplete, false, or inaccurate information or
information that is not your own for use in seeking employment
on a full-time or part-time basis on your own behalf.
(f)
Respond to any employment opportunity on the Site for any
reason other than to apply for the particular job.
Communications soliciting an employer's business by competitors
of Web Site Owner are prohibited.
(g)
Delete or modify any material posted by any other person
or entity.
(h)
Print out or otherwise copy or use any personally identifiable
information about candidates for employment other than you.
(i)
Communicate, send, or place unsolicited e-mail, telephone
calls, mailings or other contacts to posting individuals
and entities.
(j)
Register an e-mail address which you do not own or do not
have the express permission of the owner to register.
(k)
Violate or attempt to violate the security or integrity
of the Site, including, without limitation:
(1)
accessing data not intended for the User or logging into
a server or account which the User is not authorized to
access;
(2)
attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization;
(3)
attempting to interfere with service to any user, host or
network, including, without limitation, submitting a virus
or corrupted data to the Site, overloading, continuous posting
of repetitive text, "flooding", "spamming",
"mailbombing" or "crashing";
(4)
disclosing or sharing your password to/with any third parties
or using your password for any unauthorized purpose;
(5)
attempting to decipher, decompile, disassemble or reverse
engineer any of the content or software comprising or in
any way making up a part of the Site;
(6)
sending unsolicited advertising, promotional materials,
e-mail, "junk mail", "chain letters",
or any other form of solicitation; or
(7)
forging any TCP/IP packet header or any part of the header
information in any e-mail or posting.
Violations
of Site, system or network security may result in civil
or criminal liability. Web Site Owner will investigate
occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
5. User Information. When
you register to use the Site, or when you sign up to use
certain services, participate in an employment exchange,
enter into a contest or promotion, or complete a survey
for internal research, Web Site Owner collects some personal
information. Information that may be collected includes
name, address, e-mail address, telephone number, and, in
the event you are submitting payment for a product or service,
credit card number. In addition to the terms and conditions
of any privacy policy on this Site, you understand and agree
that Web Site Owner and its affiliates and agents may access,
use, and store this information indefinitely and may collect
and process the information in one or more databases maintained
directly or indirectly by Web Site Owner. In addition,
you understand and agree that Web Site Owner may disclose
to third parties, on an anonymous basis, certain aggregate
information contained in your registration application as
well as other aggregate information collected about users
of this Site, including without limitation the pages users
visit most frequently, the services users access the most,
and the links to Web Site Owner's partners that users most
often visit. Web Site Owner will not knowingly disclose
to any third party your name, address, e-mail address, telephone
number, or credit card number without your prior consent,
except to the extent necessary or appropriate to comply
with applicable laws or in legal proceedings where such
information is relevant or where Web Site Owner believes
in good faith that the law requires such disclosure.
Web Site Owner uses its best efforts to protect your personal
information. However, you understand and agree that
Web Site Owner is not responsible or liable for the acquisition
of your personal information by third parties without Web
Site Owner's knowledge and Web Site Owner has no control
over anything that occurs on servers not controlled by Web
Site Owner. Further, to the extent that you include
your personal information (including e-mail address) on
any resume you submit or post to the Site, Web Site Owner
cannot control the use of such information by third-party
clients of Web Site Owner that obtain your resume from the
Site or Web Site Owner. Web Site Owner reserves the
right to offer third-party services and products to you
based on the preferences that you identify in your registration
and at any time thereafter; any such offers will be made
directly by Web Site Owner and offers sent by Web Site Owner
to your e-mail address may contain advertisements.
Please see the Privacy Statement on this Site for further
details regarding your information.
6. User Communications. You
understand and agree that in the event you communicate any
information, feedback, data, questions, comments, suggestions
or other items to Web Site Owner regarding Web Site Owner,
the Site, or the services offered on the Site, any such
communication shall be deemed not to be confidential and
shall become the property of Web Site Owner, and Web Site
Owner shall be free to reproduce, use, disclose and distribute
such communication to others, without limitation.
You further understand and agree that Web Site Owner shall
also have the unrestricted right to use any ideas, concepts,
know-how, software, documentation, diagrams, drawings, schematics
or techniques contained in your communication in any manner
and for any purpose whatsoever, including without limitation,
developing, manufacturing and marketing products or providing
services.
7. User Submissions. As
a user of the Site, you are responsible for your own communications
and are responsible for the consequences of their posting.
Web Site Owner does not represent or guarantee the truthfulness,
accuracy, or reliability of any communications posted by
any user or endorse any opinions expressed by any user.
You acknowledge that any reliance on material posted by
other users will be at your own risk.
Web Site Owner has no obligation to screen communications
in advance and is not responsible for screening or monitoring
material posted by any user. If notified by a user
of communications that allegedly do not conform to these
Terms of Use, Web Site Owner may investigate the allegation
and determine in good faith and in its sole discretion whether
to remove or request the removal of the communication.
Web Site Owner is not liable or responsible to any user
for performance or nonperformance of such activities.
Web Site Owner reserves the right to expel any user and
prevent their further access to the Site for violating these
Terms of Use or any law, and the right to remove communications
which are abusive, illegal, or disruptive.
You understand and agree that by submitting Content to any
public area of the Site, including any message boards, forums,
contests and chat rooms, you grant Web Site Owner and its
affiliates the royalty-free, perpetual, irrevocable, non-exclusive
right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform and
display the Content (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term
of any rights that may exist in such Content. You
also warrant that the holder of any rights, including moral
rights in such Content, has completely and effectively waived
all such rights and validly and irrevocably granted to you
the right to grant the license stated above. You also
permit any user to access, display, view, store and reproduce
such Content for personal use.
You understand and agree that by submitting information to
Web Site Owner in the form of audio, video, or photographs,
whether submitted via the Site or otherwise, such information
may be published or distributed by Web Site Owner to third-party
clients and will be searchable and viewable by such third-party
clients of Web Site Owner. Web Site Owner uses its
best efforts to grant access to this information only to
such clients. However, you understand and agree that
Web Site Owner is not responsible or liable if some other
third party evades security measures and gains access to
such information. Web Site Owner will cease publishing,
distributing, or making available your information to third-party
clients upon receipt of a written request from you. You
understand and agree, however, that Web Site Owner's clients
who have access to such information may have retained a
copy of the information in their own files or databases.
Web Site Owner is not responsible for the retention, use,
or privacy of your information in such instances.
8. Resumes. You understand
and agree that you are solely responsible for the form,
content, and accuracy of any resume or material contained
therein submitted, uploaded, or otherwise posted by you
on the Site. You further understand and agree that
by doing so, your resume will be searchable and viewable
by and may be forwarded, transmitted, or ported to third-party
clients of Web Site Owner (which may include recruiters
and placement consultants). Web Site Owner uses its
best efforts to grant access to your resume only to such
clients. However, you understand and agree that Web
Site Owner is not responsible or liable if some other third
party evades security measures and gains access to your
resume. You may remove or request the removal of your
resume from Web Site Owner's searchable database or the
Site or request that your resume not be forwarded at any
time. You understand and agree, however, that Web
Site Owner's clients who have access to the database or
received your resume may have retained a copy of your resume
in their own files or databases. Web Site Owner is
not responsible for the retention, use, or privacy of resumes
in such instances.
9. Registration and Password.
You are responsible for maintaining the confidentiality
of your information and password. You shall be responsible
for all uses of your registration or password, whether or
not authorized by you. You agree to immediately notify
Web Site Owner of any unauthorized use of your registration
or password.
10. No Liability. The Site
and the Materials may contain inaccuracies or typographical
errors. Web Site Owner makes no representations about
the accuracy, reliability, completeness, or timeliness of
the Site or the Materials, and use of the Site and the Materials
is at your own risk. Changes are periodically made
to the Site and may be made at any time by Web Site Owner.
You assume all risks associated with dealing with other users
with whom you come in contact through this Site, including
without limitation, the risks of physical harm, dealing
with strangers, foreign nationals, underage persons, or
people acting under false pretenses. Web Site Owner
cannot and does not confirm that each user is who they claim
to be.
Employment opportunity postings and listings, are the sole
responsibility of the entities associated with such postings
and listings, which are third-party clients of Web Site
Owner. User acknowledges and agrees that Web Site
Owner makes no representations about and does not assume
any responsibility or liability for the accuracy, completeness,
truthfulness, or timeliness of such postings, including
without limitation the existence and availability of any
such employment opportunities and the accuracy and truthfulness
of any listed employment opportunity descriptions and salaries.
Web Site Owner is not to be considered an employer with respect
to your use of the Site and Web Site Owner shall not be
responsible for any employment decisions made, for whatever
reason, by any entity posting employment opportunities or
other information on the Site. In addition, nothing
in these Terms of Use shall be construed to guarantee employment
for any user for any particular period of time. Further,
User acknowledges and agrees that no joint venture, partnership,
employment or agency relationship exists between User and
Web Site Owner as a result of these Terms of Use or your
use of the Site.
11. Equal Employment Opportunity.
Web Site Owner is committed to equal employment opportunity
and our Terms of Use require employer organizations to comply
with applicable equal employment opportunity laws.
12. Employment Exchanges.
This Site may include a service whereby Web Site Owner's
third-party clients can place bids for the employment of
certain candidates for employment. In addition to
the other terms and conditions of these Terms of Use, to
the extent that you participate as a candidate in such an
exchange, User acknowledges and agrees to the following:
(a)
Web Site Owner makes no representations about and does not
assume any responsibility or liability for the existence
and availability of any employment opportunities with the
bidding entities, or any such entity's ability and willingness
to hire you.
(b)
Web Site Owner does not participate in, has no control over,
and does not assume any responsibility or liability for
any transaction between the User and a bidding entity, including
without limitation the truth or accuracy of employment opportunity
listings and the ability and willingness of a bidding entity
to complete an employment transaction with the User and
pay the bid amount.
(c)
USER HEREBY RELEASES WEB SITE OWNER, ITS CONTENT SUPPLIERS
AND SERVICE PROVIDERS, ITS AND THEIR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND AFFILIATES, FROM ALL CLAIMS, DEMANDS,
AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED
AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH LISTINGS, BIDS, UNCOMPLETED OR COMPLETED TRANSACTIONS,
OR POSITIONS OF EMPLOYMENT OFFERED OR ACTUALLY ACCEPTED.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE SECTION 1542, WHICH STATES: "A general release
does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially
affected his settlement with the debtor."
13. Employability. In
the event that User obtains an offer for employment from
Web Site Owner or a Web Site Owner third-party client through
use of this Site, including without limitation through an
employment exchange, User may be required as conditions
of employment to: (i) provide certain information to the
potential employer, including without limitation a job application,
I-9 Employment Eligibility Verification form, W-4 form,
and forms related to benefit selection; and (ii) authorize
the potential employer to verify to its satisfaction certain
background information, including without limitation personal
employment history, credit history, and criminal background,
subject to compliance with all applicable statues and regulations.
14. You will not be considered an
"applicant" unless and until the Web Site Owner
submits your resume for a specific assignment for which
you are qualified and then only for that specific assignment.
The mere processing of your resume or employment related
data through a resume reader or filtering system as a person
who may have the necessary credentials will not constitute
applicant status.
15. Third-Party Products.
THIS SITE CONTAINS THIRD-PARTY PRODUCTS AND SERVICES.
THE MENTION OF THIRD PARTIES AND/OR INCLUSION OF THEIR RESPECTIVE
PRODUCTS OR SERVICES IS NEITHER A RECOMMENDATION NOR AN
ENDORSEMENT OF SUCH THIRD PARTIES OR THEIR PRODUCTS.
ALL THIRD-PARTY PRODUCTS MUST BE ORDERED DIRECTLY FROM SUCH
THIRD PARTIES OR THEIR REPRESENTATIVES AND ALL LICENSES
AND WARRANTIES RELATING TO SUCH THIRD-PARTY PRODUCTS, IF
ANY, ARE BETWEEN YOU AND SUCH THIRD PARTY. WEB SITE
OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS ARE
NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD-PARTY PRODUCT
OR SERVICE AND MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS
OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS
OR DATA CONTAINED IN ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES.
16. Links to Third-Party Sites.
THIS SITE CONTAINS LINKS TO THIRD-PARTY WEB SITES.
THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU
AND THE INCLUSION OF ANY SUCH LINK TO A THIRD-PARTY SITE
DOES NOT IMPLY ENDORSEMENT BY WEB SITE OWNER OF SUCH THIRD-PARTY
SITE OR THE CONTENTS THEREOF. WEB SITE OWNER IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED THIRD-PARTY SITE
OR ANY LINK CONTAINED IN SUCH LINKED THIRD-PARTY SITE, AND
MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE CONTENTS OR ACCURACY OF MATERIALS ON SUCH
THIRD-PARTY SITES. IF YOU DECIDE TO ACCESS LINKED
THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.
17. Disclaimer and Limitation
of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK
FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY.
THIS SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN
BY WEB SITE OWNER, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES
SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY.
WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS
EXPRESSLY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON
THIS SYSTEM OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE
OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER
MATERIALS ACCESSIBLE FROM THE SYSTEM IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY
NO RECOURSE AGAINST WEB SITE OWNER AND ITS CONTENT SUPPLIERS
AND SERVICE PROVIDERS FOR ANY ALLEGED OR ACTUAL INFRINGEMENT
OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST
ON THIS SITE. WEB SITE OWNER MAKES NO WARRANTIES WHATSOEVER
THAT YOU WILL OBTAIN ANY EMPLOYMENT VIA THIS SITE, NOR ANY
WARRANTIES ABOUT (AND TAKES NO RESPONSIBILITY FOR) ANY EMPLOYMENT
YOU MAY OBTAIN.
WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS
DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR
THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, TRUTHFULNESS,
OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS, PRODUCT,
SOFTWARE OR PROCESS USED OR DISCLOSED ON THIS SITE OR ANY
OTHER MATERIALS ACCESSIBLE FROM THE SITE. IN NO EVENT
SHALL WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE
PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR
WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES),
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER
BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE), EVEN IF WEB SITE OWNER HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY
SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR
ANY REASON, THEN WEB SITE OWNER'S MAXIMUM LIABILITY TO YOU
FOR ANY TYPE OF DAMAGES FOR ALL CLAIMS ARISING FROM THE
USE OF THE SITE OR THE MATERIALS SHALL BE LIMITED TO U.S.
$100.00.
18. Termination. Web Site Owner reserves the right,
at its sole discretion, to pursue all of its legal remedies,
including without limitation, deletion of your postings
from this Site or immediate termination of your registration
with or ability to access the Site and/or any other service
provided to you by Web Site Owner, upon any breach by you
of these Terms of Use or if Web Site Owner is unable to
verify or authenticate any information you submit to this
Site.
19. Indemnity. User agrees to defend, indemnify,
and hold harmless Web Site Owner, its content suppliers
and service providers, and its and their officers, directors,
employees, agents, and affiliates from and against any claims,
actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your
use of the Site or the Materials or your breach of these
Terms of Use. Web Site Owner shall provide notice
to you promptly of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending any such
claim, suit or proceeding.
20. General. Web Site Owner and its content suppliers
and service providers make no representation that the Site
or the Materials are appropriate or available for use in
other jurisdictions, and access to them from jurisdictions
where its contents are illegal or prohibited. Those
who choose to access the Site from other jurisdictions do
so on their own initiative and are responsible for compliance
with applicable local laws. You may not use or export
the Materials in violation of U.S. export laws and regulations.
Any claim relating to the Site or the Materials shall be
governed by the substantive laws of the State of [state],
U.S.A., without giving effect to any principles of conflicts
of laws, and without reference to the 1980 United Nations
Convention On The International Sale Of Goods. User
and Web Site Owner hereby consent to the exclusive jurisdiction
and venue for any action or dispute arising under these
Terms Of Use in the state or federal courts located in [county,
state], U.S.A. If any provision of these Terms of
Use is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect.
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. Except as expressly provided in a particular
"Legal Notice," software license, or additional
terms of use on particular pages or services on the Site
or linked to the site, to which you agree to be bound, these
Terms of Use constitute the entire agreement between you
and Web Site Owner with respect to the use of the Site.
No changes to these Terms of Use shall be made except by
a revised posting on this page. Except as expressly
provided herein, nothing in the Materials or on this Site
confers or is to be construed as conferring, whether by
implication, or otherwise, any license or right under any
patent, copyright, trademark or other right of Web Site
Owner or any third party. Any and all rights not expressly
granted herein are reserved by Web Site Owner.
Welcome to the Client Terms of Use ("Terms of Use")
for Resourcis Information Services, Inc. ("Web Site
Owner") web site and services. These Terms of
Use describe the terms and conditions under which third-party
clients of Web Site Owner ("you" or "Organization")
may access and use the Web Site Owner.com web site and services.
Please read these Terms
of Use carefully. If you do not accept these Terms
of Use, do not use the Web Site Owner.com web site and services.
By using this web site or any of its services, you are indicating
your acceptance of these Terms of Use.
Web Site Owner may revise these Terms of Use at any time
by posting the amended terms and/or conditions on this web
site. Any such amended terms and/or conditions shall
automatically be effective when they are posted on this
web site. You should review these Terms of Use periodically
because they are binding on you when you are accessing or
using this web site or any of its services. These
Terms of Use were last revised on March 1, 2002.
1. Eligibility for Membership.
This web site and the associated services are available
only to entities that can form legally binding contracts
under applicable law. As a condition for use of this
web site and the associated services, Organization may be
required to provide Web Site Owner with a Federal tax identification
number, Dun & Bradstreet identification number, and/or
any additional information requested by Web Site Owner.
Further, Organization may be required to enter into additional
agreements with Web Site Owner, including without limitation
an agreement regarding fees to be paid by Organization for
use of Web Site Owner's services. If you do not qualify,
please do not use our web site or services. Web Site
Owner may refuse our access to our web site or services
to anyone at any time, in our sole discretion.
2. Use of Material. Web
Site Owner authorizes Organization to view and temporarily
download a single copy of the materials (including but not
limited to documents, text, logos, HTML code, graphics,
button icons, sounds, audio clips, images, software and
other items) that are made available by Web Site Owner on
this site (the "Materials").
All Materials included on this site are the property of Web
Site Owner or its content suppliers and/or service providers
and protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement and
assembly) of all Materials on this site and all software
used on this site is the property of Web Site Owner or its
content suppliers and/or service providers and protected
by U.S. and international copyright laws. Other than
temporary downloads as necessary to access this site (which
will only be stored as long as is necessary for such access),
the Materials on this site may not be copied, distributed,
downloaded, transmitted, modified, posted, published, reproduced,
reused, republished, reposted, uploaded, displayed, sold,
publicly performed or otherwise used without the express
written permission of Web Site Owner. The use of the
Materials on any other web site or in a networked computer
environment is prohibited.
All product and service marks contained on this web site
are the trademarks of their respective owners and may not
be used without the express consent of the owner of the
respective trademark.
In addition to violating these Terms of Use, unauthorized
use of the Materials may violate copyright, trademark, patent
and other laws.
3. Permitted Use of Web Site.
This web site and the Materials included on this site (collectively,
the "Site") may be used only for lawful purposes
by individuals seeking employment and career information
and entities, such as Organization, seeking candidates for
employment. You represent, warrant, and agree that
you will not use (or plan, encourage or help others to use)
the Site for any purpose or in any manner that is prohibited
by these Terms of Use. It is Organization's responsibility
to ensure that your use of the Site complies with these
Terms of Use and to seek prior, express written permission
from Web Site Owner for any uses not permitted or not expressly
specified in these Terms of Use.
4. Prohibited Uses of Web Site.
In connection with your use of the Site, you will not:
(a) Post, transmit, distribute, store,
upload, or destroy material (i) in violation of any applicable
local, state, national, or international law or regulation,
or (ii) in a manner that will infringe the copyright, trademark,
trade secret, patent or other intellectual property rights
of others or violate the privacy, publicity or other personal
rights of others.
(b) Post or transmit any message,
information, data, text, software or images, or other materials
("Content") that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, hateful, racially, ethnically or otherwise objectionable
or that may invade another's right of privacy or publicity.
(c) Impersonate any person or entity,
including without limitation a Web Site Owner employee or
agent, an authorized user of the Site, a job applicant,
or an employer, or otherwise misrepresent your affiliation
with any person or entity.
(d) Post or transmit any Content
that you do not have a right to reproduce, display or transmit
under any law or under contractual or fiduciary relationships
(such as nondisclosure agreements).
(e) Post any incomplete, false, or
inaccurate information regarding an employer or available
employment opportunities, or information that is not an
accurate description of an employer's business or company
for use in describing available employment opportunities.
(f) Delete or modify
any material posted by any other person or entity.
(g) Print out or otherwise copy or
use any personally identifiable information about candidates
for purposes other than consideration of the candidates
for potential employment.
(h) Communicate, send, or place unsolicited
e-mail, telephone calls, mailings or other contacts to posting
individuals or entities.
(i) Register an e-mail
address that you do not own or do not have the express permission
of the owner to register.
(j) Violate or attempt
to violate the security or integrity of the Site, including,
without limitation:
(1) accessing data not intended for Organization
or logging into a server or account which Organization is
not authorized to access;
(2) attempting to probe, scan or test the
vulnerability of a system or network or to breach security
or authentication measures without proper authorization;
(3) attempting to interfere with service
to any user, host or network, including, without limitation,
submitting a virus or corrupted data to the Site, overloading,
continuous posting of repetitive text, "flooding",
"spamming", "mailbombing" or "crashing";
(4) disclosing or sharing your password
to/with any third parties or using your password for any
unauthorized purpose;
(5) attempting to decipher, decompile,
disassemble or reverse engineer any of the content or software
comprising or in any way making up a part of the Site;
(6) sending unsolicited advertising, promotional
materials, e-mail, "junk mail", "chain letters",
or any other form of solicitation; or
(7) forging any TCP/IP packet header or
any part of the header information in any e-mail or posting.
Violations
of Site, system or network security may result in civil
or criminal liability. Web Site Owner will investigate
occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
5. Organization Information.
When you register to use the Site, or when you sign up to
use certain services, participate in an employment exchange,
enter into a contest or promotion, or complete a survey
for internal research, Web Site Owner collects some personal
information. Information that may be collected includes
name, address, e-mail address, telephone number, and, in
the event you are submitting payment for a product or service,
credit card number. In addition to the terms and conditions
of any privacy policy on this Site, you understand and agree
that Web Site Owner and its affiliates and agents may access,
use, and store this information indefinitely and may collect
and process the information in one or more databases maintained
directly or indirectly by Web Site Owner. In addition,
you understand and agree that Web Site Owner may disclose
to third parties, on an anonymous basis, certain aggregate
information contained in your registration application as
well as other aggregate information collected about users
of this Site, including without limitation the pages users
visit most frequently, the services users access the most,
and the links to Web Site Owner's partners that users most
often visit. Web Site Owner will not knowingly disclose
to any third party your name, address, e-mail address, telephone
number, or credit card number without your prior consent,
except to the extent necessary or appropriate to comply
with applicable laws or in legal proceedings where such
information is relevant or where Web Site Owner believes
in good faith that the law requires such disclosure.
Web Site Owner uses its best efforts to protect your personal
information. However, you understand and agree that
Web Site Owner is not responsible or liable for the acquisition
of your personal information by third parties without Web
Site Owner's knowledge and Web Site Owner has no control
over anything that occurs on servers not controlled by Web
Site Owner. Web Site Owner reserves the right to offer
third-party services and products to you based on the preferences
that you identify in your registration and at any time thereafter;
any such offers will be made directly by Web Site Owner
and offers sent by Web Site Owner to your e-mail address
may contain advertisements. Please see the Privacy
Statement on this Site for further details regarding your
information.
6. Organization Communications.
You understand and agree that in the event you communicate
any information, feedback, data, questions, comments, suggestions
or other items to Web Site Owner regarding Web Site Owner,
the Site, or the services offered on the Site, any such
communication shall be deemed not to be confidential and
shall become the property of Web Site Owner, and Web Site
Owner shall be free to reproduce, use, disclose and distribute
such communication to others, without limitation.
You further understand and agree that Web Site Owner shall
also have the unrestricted right to use any ideas, concepts,
know-how, software, documentation, diagrams, drawings, schematics
or techniques contained in your communication in any manner
and for any purpose whatsoever, including without limitation,
developing, manufacturing and marketing products or providing
services.
7. Organization Submissions.
As a user of the Site, you are responsible for your
own communications and are responsible for the consequences
of their posting. Web Site Owner does not represent
or guarantee the truthfulness, accuracy, or reliability
of any communications posted by any user or endorse any
opinions expressed by any user. You acknowledge that
any reliance on material posted by other users will be at
your own risk.
Web Site Owner has no obligation to screen communications
in advance and is not responsible for screening or monitoring
material posted by any user. If notified by a user
of communications that allegedly do not conform to these
Terms of Use, Web Site Owner may investigate the allegation
and determine in good faith and in its sole discretion whether
to remove or request the removal of the communication.
Web Site Owner is not liable or responsible to any user
for performance or nonperformance of such activities.
Web Site Owner reserves the right to expel any user and
prevent their further access to the Site for violating these
Terms of Use or any law, and the right to remove communications
which are abusive, illegal, or disruptive.
You understand and agree that by submitting Content to any
public area of the Site, including any message boards, forums,
contests and chat rooms, you grant Web Site Owner and its
affiliates the royalty-free, perpetual, irrevocable, non-exclusive
right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform and
display the Content (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term
of any rights that may exist in such Content. You
also warrant that the holder of any rights, including moral
rights in such Content, has completely and effectively waived
all such rights and validly and irrevocably granted to you
the right to grant the license stated above. You also
permit any user to access, display, view, store and reproduce
such Content for personal use.
You understand and agree that by submitting information to
Web Site Owner in the form of audio, video, or photographs,
whether submitted via the Site or otherwise, such information
may be published or distributed by Web Site Owner to registered
users of the Site and will be searchable and viewable by
such registered users. Web Site Owner uses its best
efforts to grant access to this information only to such
registered users. However, you understand and agree
that Web Site Owner is not responsible or liable if some
other third party evades security measures and gains access
to such information. Web Site Owner will cease publishing,
distributing, or making available your information to registered
users upon receipt of a written request from you. You understand
and agree, however, that registered users who have access
to such information may have retained a copy of the information
in their own files or databases. Web Site Owner is
not responsible for the retention, use, or privacy of your
information in such instances.
8. Employment Opportunity Postings.
You understand and agree that you are solely responsible
for the form, content, and accuracy of any description of
employment opportunities or material contained therein submitted,
uploaded, or otherwise posted by you on the Site.
You further understand and agree that your employment opportunity
postings will be searchable, viewable, and printable by
registered users of the Site. Web Site Owner uses
its best efforts to grant access to such postings only to
such registered users. However, you understand and
agree that Web Site Owner is not responsible or liable if
some other third party evades security measures and gains
access to the database, and, subsequently, your employment
opportunity postings. You may remove or request the
removal of your employment opportunity postings from Web
Site Owner's searchable database or the Site at any time.
You understand and agree, however, that registered users
who have access to the database may have retained a copy
of the postings in their own files or databases. Web
Site Owner is not responsible for the retention, use, or
privacy of your postings in such instances.
9. Equal Employment Opportunity.
Web Site Owner is committed to equal employment opportunity.
Organization agrees that, in using the Site or information
obtained through the Site, it will recruit, consider and
select candidates for employment without regard to their
race, color, religion, sex, national origin, age, protected
disability, or other protected characteristic. Web
Site Owner may terminate Organization's registration and
access to the Site if Organization fails to comply with
all applicable laws and regulations regarding equal employment
opportunity. Further, Organization agrees to fully
defend, indemnify, and hold harmless Web Site Owner, its
officers, directors, employees, agents, and affiliates from
and against any claims, actions or demands by any person,
entity, or government agency or authority that Web Site
Owner engaged or participated in discrimination based upon
actions taken or decisions made by Organization in hiring
or selecting candidates from the Site (including reimbursement
of attorneys' fees and costs incurred by Web Site Owner
in defending such claims). In addition, Organization
agrees to use employment opportunity postings that are non-discriminatory
and that comply with federal, state, and local employment
laws.
10. Registration and Password.
You are responsible for maintaining the confidentiality
of your information and password. You shall be responsible
for all uses of your registration or password, whether or
not authorized by you. You agree to immediately notify
Web Site Owner of any unauthorized use of your registration
or password.
11. No Liability. The
Site and the Materials may contain inaccuracies or typographical
errors. Web Site Owner makes no representations about
the accuracy, reliability, completeness, or timeliness of
the Site or the Materials, and use of the Site and the Materials
is at your own risk. Changes are periodically made
to the Site and may be made at any time by Web Site Owner.
You assume all risks associated with dealing with other users
with whom you come in contact through this Site, including
without limitation, the risks of physical harm, dealing
with strangers, foreign nationals, underage persons, or
people acting under false pretenses. Web Site Owner
cannot and does not confirm that each user is who they claim
to be.
Posted resumes and other candidate descriptions, information,
and materials are the sole responsibility of the candidates
who make such postings. Organization acknowledges
and agrees that Web Site Owner makes no representations
about and does not assume any responsibility or liability
for the accuracy, completeness, truthfulness, or timeliness
of such postings, including without limitation the existence
and availability of any such candidates and the accuracy
and truthfulness of any posted resumes, candidate descriptions,
or other candidate information.
Web Site Owner shall not be responsible for any employment
decisions made, for whatever reason, by any candidate for
employment or user posting a resume or other information
on the Site. Further, Organization acknowledges and
agrees that no joint venture, partnership, employment or
agency relationship exists between Organization and Web
Site Owner as a result of these Terms of Use or your use
of the Site.
12. Employment Exchanges.
This Site may include a service whereby Web Site Owner third-party
clients, such as Organization, can place bids for the employment
of certain candidates for employment. In addition
to the other terms and conditions of these Terms of Use,
to the extent that you participate in such an exchange,
Organization acknowledges and agrees to the following:
(a) Web Site Owner makes no representations
about and does not assume any responsibility or liability
for the existence and availability of any candidates for
employment opportunities with the bidding entities, or any
such candidate's ability and willingness to accept any position
of employment.
(b) Web Site Owner does not participate
in, has no control over, and does not assume any responsibility
or liability for any transaction between a candidate for
employment and Organization, including without limitation
the truth or accuracy of candidate resumes and information
and the ability and willingness of a bidding en, tity to
complete a, n employment tra, nsaction with Organization
and accept a position of employment.
(c) ORGANIZATION HEREBY RELEASES
WEB SITE OWNER, ITS CONT, ENT SUPPLIERS AND SERVICE PROVIDERS,
ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
AFFILIATES, FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL
AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND , UNDISCLOSED,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH LISTINGS, BIDS,
UNCOMPLETED OR COMPLETED TRANSACTIONS, OR POSITIONS OF EMPLOYMENT
OFFERED OR ACTUALLY ACCEPTED. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH STATES: "A general release does not extend
to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release,
which if known by him must have materially affected his
settlement with the debtor."
13. Third-Party Products.
THIS SITE CONTAINS THIRD-PARTY PRODUCTS AND SERVICES.
THE MENTION OF THIRD PARTIES AND/OR INCLUSION OF THEIR RESPECTIVE
PRODUCTS OR SERVICES IS NEITHER A RECOMMENDATION NOR AN
ENDORSEMENT OF SUCH THIRD PARTIES OR THEIR PRODUCTS.
ALL THIRD-PARTY PRODUCTS MUST BE ORDERED DIRECTLY FROM SUCH
THIRD PARTIES OR THEIR REPRESENTATIVES AND ALL LICENSES
AND WARRANTIES RELATING TO SUCH THIRD-PARTY PRODUCTS, IF
ANY, ARE BETWEEN YOU AND SUCH THIRD PARTY. WEB SITE
OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS ARE
NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD-PARTY PRODUCT
OR SERVICE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS
OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS
OR DATA CONTAINED IN ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES.
14. Links to Third-Party Sites.
THIS SITE CONTAINS LINKS TO THIRD-PARTY WEB SITES.
THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU
AND THE INCLUSION OF ANY SUCH LINK TO A THIRD-PARTY SITE
DOES NOT IMPLY ENDORSEMENT BY WEB SITE OWNER OF SUCH THIRD-PARTY
SITE OR THE CONTENTS THEREOF. WEB SITE OWNER IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED THIRD-PARTY SITE
OR ANY LINK CONTAINED IN SUCH LINKED THIRD-PARTY SITE, AND
MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE CONTENTS OR ACCURACY OF MATERIALS ON SUCH
THIRD-PARTY SITES. IF YOU DECIDE TO ACCESS LINKED
THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.
15. Disclaimer and Limitation of
Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK
FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY.
THIS SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN
BY WEB SITE OWNER, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES
SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY.
WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS
EXPRESSLY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON
THIS SYSTEM OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE
OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER
MATERIALS ACCESSIBLE FROM THE SYSTEM IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY
NO RECOURSE AGAINST WEB SITE OWNER AND ITS CONTENT SUPPLIERS
AND SERVICE PROVIDERS FOR ANY ALLEGED OR ACTUAL INFRINGEMENT
OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST
ON THIS SITE. WEB SITE OWNER MAKES NO WARRANTIES WHATSOEVER
THAT YOU WILL HIRE ANY EMPLOYEES VIA THIS SITE, NOR ANY
WARRANTIES ABOUT (AND TAKES NO RESPONSIBILITY FOR) ANY EMPLOYEES
YOU MAY HIRE.
WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS
DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR
THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, TRUTHFULNESS,
OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS, PRODUCT,
SOFTWARE OR PROCESS USED OR DISCLOSED ON THIS SITE OR ANY
OTHER MATERIALS ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL
WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY
OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH
THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE,
THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN
IF WEB SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY
SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR
ANY REASON, THEN WEB SITE OWNER'S MAXIMUM LIABILITY TO YOU
FOR ANY TYPE OF DAMAGES FOR ALL CLAIMS ARISING FROM THE
USE OF THE SITE OR THE MATERIALS SHALL BE LIMITED TO U.S.
$100.00.
16. Termination. Web Site
Owner reserves the right, at its sole discretion, to pursue
all of its legal remedies, including without limitation,
deletion of your postings from this Site or immediate termination
of your registration with or ability to access the Site
and/or any other service provided to you by Web Site Owner,
upon any breach by you of these Terms of Use or if Web Site
Owner is unable to verify or authenticate any information
you submit to this Site.
17. Indemnity. Organization
agrees to defend, indemnify, and hold harmless Web Site
Owner, its content suppliers and service providers, and
its and their officers, directors, employees, agents, and
affiliates from and against any claims, actions or demands,
including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Site or
the Materials or your breach of these Terms of Use.
Web Site Owner shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you, at
your expense, in defending any such claim, suit or proceeding.
18. General. Web Site
Owner and its content suppliers and service providers make
no representation that the Site or the Materials are appropriate
or available for use in other jurisdictions, and access
to them from jurisdictions where its contents are illegal
or prohibited. Those who choose to access the Site
from other jurisdictions do so on their own initiative and
are responsible for compliance with applicable local laws.
You may not use or export the Materials in violation of
U.S. export laws and regulations. Any claim relating
to the Site or the Materials shall be governed by the substantive
laws of the State of [state], U.S.A., without giving effect
to any principles of conflicts of laws, and without reference
to the 1980 United Nations Convention On The International
Sale Of Goods. Organization and Web Site Owner hereby
consent to the exclusive jurisdiction and venue for any
action or dispute arising under these Terms of Use in the
state or federal courts located in [county, state], U.S.A.
If any provision of these Terms of Use is found to be invalid
by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in
full force and effect. 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. Except as expressly
provided in a particular "Legal Notice," software
license, or additional terms of use on particular pages
or services on the Site or linked to the site, to which
you agree to be bound, these Terms of Use constitute the
entire agreement between you and Web Site Owner with respect
to the use of the Site. No changes to these Terms
of Use shall be made except by a revised posting on this
page. Except as expressly provided herein, nothing
in the Materials or on this Site confers or is to be construed
as conferring, whether by implication, or otherwise, any
license or right under any patent, copyright, trademark
or other right of Web Site Owner or any third party. Any
and all rights not expressly granted herein are reserved
by Web Site Owner.