Terms of Use
THE
FOLLOWING DESCRIBES THE TERMS ON WHICH YOU ARE OFFERED ACCESS TO THIS SITE.
BY USING THE SITE, YOU ACCEPT THESE TERMS AND CONDITIONS.
1. DEFINITIONS
The terms "SITE" and "Site" shall mean this website.
The terms "Content" and "CONTENT" shall mean any advertisements,
content, postings, data or other information including without limitation
any all all types and forms of information, data, audio, images, graphics,
messages, music, photographs, sound, software, text, video.
The terms "WE", "We", "we", "US",
"Us", and "us" mean all owners and proprietors of this
Site as well as all owners, subsidiaries, parents, affiliates, co-branders
or other "partners", officers, shareholders, employees, directors,
agents, representatives, and attorneys thereof.
The terms "PRODUCT", "Product", "PRODUCTS",
AND "Products" shall mean any tangible or intangible goods, services
or products that are displayed, advertised or promoted on or in the Site
or which are purchased or obtained by you as a result of any advertisement
or other information or offer on, in or in connection with this Site.
2. TERMS OF SERVICE
We provide this service to you, subject to these Terms of Use ("TOU"),
which may be updated by us from time to time without notice to you. In addition,
when using particular services on this Site, you shall be subject to any
posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOU.
3. THE SERVICE
You agree that any new features that augment or enhance the current Site,
shall be subject to the TOU, are provided "AS-IS", and that we
assume no responsibility for any deletion, lack of timeliness, misdelivery,
or failure to store any user communications or other Content.
4. CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials (herein referred
to as "Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated.
This means that you, and not us, are entirely responsible for all Content
that you upload, post, e-mail, transmit or otherwise make available by or
through the Site. We do not control the Content and, therefore do not guarantee
its privacy, security, accuracy, integrity or quality.
By using the Site you agree (a) you may can be exposed to Content that is
false, inaccurate, incorrect, indecent, inappropriate, misleading, objectionable
or offensive, and (b) under no circumstances will we be liable in any way
for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise made
available via the Site.
You agree to not use the Site to:
1. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Site are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage in real
time exchanges on the Site; or
2. harm minors in any way; or
3. interfere with or disrupt the Site or servers or networks connected to
the Site, or disobey any requirements, procedures, policies or regulations
of networks connected to the Site; or
4. impersonate any person or entity, or otherwise misrepresent your affiliation
with a person or entity; or
5. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Site; or
6. "stalk" or otherwise harass another; or
7. store or collect personal data about other users; or
8. upload, post, e-mail, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party; or
9. upload, post, e-mail, transmit or otherwise make available any Content
that is abusive, defamatory, ethnically or otherwise objectionable, harmful,
harassing, hateful, invasive of another's privacy, libelous, obscene, racially
offensive, threatening, tortuous, unlawful, vulgar or otherwise objectionable;
or
10. upload, post, e-mail, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements); or
11. upload, post, e-mail, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
or telecommunications equipment; or
12. upload, post, e-mail, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas that are designated
for such purpose; or
13. violate (intentionally or unintentionally) any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law; or You acknowledge that we
do not prescreen Content, but that we and our designees shall have the right
(but not the obligation) in their sole discretion to refuse, move or remove
any Content that is available on or through the Site for any reason or no
reason. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you
may not rely on any Content created by us or submitted to this Site.
You acknowledge and agree that we may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOU; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of us, our users or the public.
You understand that the technical processing and transmission of the Site,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
5. RIGHT TO TERMINATE USE
We retain the unfettered and unrestricted right to terminate or suspend
your right to use this Site or any portion thereof at any time and for any
reason or no reason, with or without notice.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
In the event that we provide you with a password or account designation
for any service or access to any portion of the Site, you are responsible
for maintaining the confidentiality of the password and account, and are
fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify us of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. We cannot and will not be
liable for any loss or damage arising from your failure to comply with these
obligations.
7. INTERNATIONAL MATTERS
Acknowledging the international nature of the Internet, you agree to comply
with all local laws and rules regarding your conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported to and from the United States or
the country in which you reside.
8. CONTENT SUBMITTED TO THE SITE
We claim no ownership of any Content you submit or make available for inclusion
on the Site, however with respect to such Content, you grant us the perpetual,
irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display
such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
9. INDEMNITY
You agree to indemnify and hold us harmless from any claim or demand, including
reasonable attorneys' fees and we may incur or be obligated to pay, made
by any third party due to or arising out of: (a) any Content you submit,
post, transmit or make available through the Site, (b) your use of the Site,
(c) your connection to the Site, (e) your violation of the TOU, or (f) your
violation of any rights of another.
10. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers vendors or providers found on or through the Site, including
payment and delivery of related Products or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser, vendor or provider. You agree
that we shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers vendors or providers on the Site and agree
to hold us harmless from any liability arising from such dealings.
You are responsible for paying all applicable taxes, if any, arising out
of your us of the Site including without limitation, all sales taxes, use
taxes, personal property taxes, customs duties, customs fees, tariffs and
other similar governmental charges which arise in any way from your use
of or access to the Site. Should we be required by any governmental authority
to pay any such charges, you shall reimburse us for any such payments.
11. LINKS
The Site may provide, or third parties may provide, links to other Internet
sites or resources. Because we have no control over such sites and resources,
you acknowledge and agree that we (a) are not responsible for the availability
of such sites or resources, (b) do not endorse such sites or resources,
and (c) are not responsible or liable for any Content, advertising, Products,
services or other materials on or available from or through such sites or
resources. You further acknowledge and agree that we shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content,
advertising, Products, services or other materials on or available from
or through any such site or resource.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM
ALL WARRANTIES AND GUARANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. We MAKE NO WARRANTY OR GUARANTEE THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS,
(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
YOUR EXPECTATIONS OR NEEDS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
C. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOU
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, PRODUCTS OR SERVICES
RESULTING FROM ANY GOODS, PRODUCTS, CONTENT, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS DATA OR OTHER CONTENT; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
14. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS MAY NOT APPLY TO
YOU.
15. NO RESALE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Site, use of the Site, or access
to the Site.
16. GENERAL PRACTICES REGARDING USE OF THE SITE
You acknowledge that we may establish general practices and limits concerning
use of the Site, including without limitation the maximum number of days
that e-mail messages, Answer Board postings or other uploaded Content will
be retained by the Site, the maximum number or size of e-mail messages that
may be sent from or received by an account on the Site, the maximum disk
space that will be allotted on our servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the
Site in a given period of time. You agree that we have responsibility or
liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Site. You acknowledge
that we reserve the right to log off or terminate accounts that are inactive
for a periods of time. You further acknowledge that we reserve the right
to change these general practices and limits at any time, in our sole discretion,
with or without notice.
17. MODIFICATIONS TO SITE
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Site (or any part thereof) with or without
notice. You agree that we shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Site.
18. TERMINATION
You agree that we, in our sole discretion, may terminate your password,
account (or any part thereof) or use of the Site, and remove and discard
any Content within the Site, for any reason or no reason, including without
limitation, for lack of use or in the belief that you have acted or may
act inconsistently with the letter or spirit of the TOU.
We may also in our sole discretion and at any time discontinue providing
the Site, or any part thereof, with or without notice. You agree that any
termination of your access to the Site under any provision of this TOU may
be effected without prior notice, and acknowledge and agree that we 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 or
the Site. Further, you agree that we shall not be liable to you or any third-party
for any termination of your access to the Site.
19. FINANCIAL AND SECURITIES MATTERS AND TRANSACTIONS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Site concerning the purchase
or sale of companies or businesses, stock quotes, the making of investments,
the receiving of investment, or securities, please read the above Sections
again.
We shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available by or through the Site,
and shall not be responsible or liable for any trading or investment decisions
made based on such information.
20. WE ARE NOT RESPONSIBLE FOR TRANSACTIONS WITH THIRD PARTIES
The Site is only a virtual location. When users advertise, obtain information
and share information, including information about business and other opportunities.
We are not involved in, or a party to, any resulting transactions between
any user or third party.
We encourage you to use the same care you would utilize in dealing with
strangers you may meet in other venues. You hereby acknowledge that there
are risks of dealing with foreign nationals, underage persons or people
acting under false pretense. Our Site contains (or is expected to contain)
information submitted by others not associated us. All or much of the Content
that can be accessed from the Site will not be verified by us. To the extent
that we may verify or attempt to verify information on the Site, we have
no obligation to correct such information or warn you about incorrect, incomplete,
misleading, or even fraudulent information, even if we know, should know,
or suspect that such information is in fact incorrect, incomplete, misleading,
or even fraudulent.
You irrevocably acknowledge and agree that: (a) we have no control over
the truth or accuracy of information that can be accessed from the Site,
nor any obligation to exercise any control, and (b) that we exercise any
right or have the power to delete, edit or modify information on the Site,
or to exclude, restrict or prohibit use of the Site by specific third parties
shall not establish, create or contribute to any obligation on the part
of us to do so, even if we are informed of specific adverse consequences
of the failure to do so. For legal reasons, we are may elect to refrain
from controlling the information provided by other users of the Site (including
feedback and postings). By its very nature, other people's information may
be offensive, harmful or inaccurate, and in some cases will be mislabeled
or deceptively labeled. We expect that you will use caution -- and common
sense -- when using the Site.
We have no control over (a) the truth or accuracy of listings, ads or other
information accessed from the Site (b) the means, ability, rights, morals
or ethics of any sellers with respect to the sale, purchase or transfer
of any real, tangible or intangible property, (c) the means, ability, rights,
morals or ethics of any buyers with respect to the sale, purchase or transfer
of any real, tangible or intangible property, or (d) the means, ability,
rights, morals or ethics of any intermediaries or other parties with respect
to the sale, purchase or transfer of any real, tangible or intangible property.
We encourage you to communicate directly with others (including references
which we encourage you to ask for and query) to help you evaluate with whom
you are dealing. Because we do not and cannot be involved in user-to-user
dealings, in the event that you have a dispute with any third parties or
other users of the Site, you hereby agrees to release and hold us harmless
from any claims, costs, demands and damages (actual and consequential) of
every kind and nature, disclosed or undisclosed, known or unknown, suspected
or unsuspected, arising out of or in any way connected with such disputes.
You waive California Civil Code section 1542 (to the extent it may be applicable)
as well as any other similar rights you may have under any other statute,
case law, code regulation or other law. California Civil Code section 1542
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."
21. NOTICE
Notices to you may be made via either e-mail or regular mail. The Site may
also provide notices by displaying notices or links to notices to you generally
on the Site.
22. PRIVACY POLICY
We are not responsible for the retention, use, or privacy of resumes or for the use or privacy of resumes by any of such parties.
We will disclose personally identifiable information in response to legal
process or law enforcement agency's request. By using this Web Site, you
agree to the terms of this Privacy Policy. We reserves the right to modify,
alter or otherwise update this Privacy Policy at any time which will be
displayed here.
23. MISCELLANEOUS
The TOU constitutes the entire agreement between you and us and governs
your use of the Site, superseding any prior agreements between you and us.
You also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party software.
The TOU and the relationship between you and us shall be governed by the
laws of the State of California USA without regard to its conflict of law
provisions. You and us agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Santa Barbara, California, USA.
The failure of us to exercise or enforce any right or provision of the TOU
shall not constitute a waiver of such right or provision. If any provision
of the TOU is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the TOU remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action you may have which arises out of or is related to use
of the Site or the TOU must be filed within one (1) year after such claim
or cause of action arises or such claim or cause of action shall be forever
barred.
Nothing in this site constitutes a promise or offer of employment.
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