| Career
Protection Terms of Use Agreement |
| Please read this agreement
carefully. It contains the Terms and Conditions
governing your access to and use of Career Protection
(“CP”) services. If you do not accept
these Terms and Conditions or you do not meet
or comply with their provisions, you may not
use our services. |
Binding Agreement:
These Terms and Conditions (as they
may be amended from time to time by CP) form a binding
agreement between you and CP (“Company”).
Your access to or use of the Site and our services
indicates your acceptance of these Terms and Conditions.
You are agreeing to use the Site and our services
at your own risk.
Ownership:
This Site is owned and operated by
the Company, and, unless otherwise noted, the Company
owns the Copyright in all materials provided here.
No material from this Site may be copied, modified,
reproduced, republished, uploaded, posted, transmitted,
or distributed in any manner or form except as explicitly
provided below. Modification of the materials or use
of the materials for any purpose other than those
purposes explicitly permitted below is a violation
of the Company's copyright and/or other proprietary
rights. You shall not copy or adapt the HTML code
that is used to generate this Site. The use of any
materials from this Site on any other website or networked
computer environment is prohibited unless permission
is obtained in writing from the Company. The Site
itself, including all textual and graphic content,
is copyrighted by the Company, with all rights reserved.
Trademarks:
The trademarks and service marks
("Trademarks") used or displayed on this
Site are registered and/or unregistered trademarks
of the Company, unless otherwise noted. Nothing in
this Site should be construed as granting-by implication,
estoppels, or otherwise-any license or right to use
any Trademarks displayed on the Site without the express
written permission of the Company or the trademark
owner. The name "Career Protection.com,"
"Career Protection", “HR on your side”
and any of the CP logos may not be used in any way
without the Company's express written permission.
Use of Materials:
You may view and download a single
copy of the information contained in this Site (the
"Materials") on a single computer for your
personal, non-commercial internal use only. This is
a revocable license, not a transfer of title, and
is subject to the following restrictions: you may
not (i) modify the Materials or use them for any commercial
purpose, or any public display, performance, sale
or rental; (ii) decompile, reverse engineer, or disassemble
the Materials; (iii) remove any copyright, trademark
registration, or other proprietary notices from the
Materials; or (iv) transfer the Materials to another
person.
Acceptable Site Use:
General Rules: You may not use this
Site in order to transmit, distribute, store or destroy
material (i) in violation of any applicable law or
regulation, (ii) in a manner that will infringe the
copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy,
publicity or other personal rights of others, or (iii)
in a manner that is defamatory, obscene, threatening,
abusive or hateful.Web Site Security Rules: You are
prohibited from violating or attempting to violate
the security of this Site, including, without limitation,
(i) accessing data not intended for you or logging
into a server or account which you are not authorized
to access, (ii) attempting to probe, scan, or test
the vulnerability of a system or network or to breach
security or authentication measures without proper
authorization, (iii) attempting to interfere with
service to any user, host, or network, including,
without limitation, by way of submitting a virus to
this Site, overloading, "flooding", "spamming",
"mail bombing", or "crashing",
(iv) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (v)
forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
Violations of system or network security may result
in civil or criminal liability. The Company will investigate
occurrences which may involve such violations and
may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
Specific Prohibited Uses:
This Site may be used only for lawful
purposes by individuals seeking employment negotiation
assistance and career information. As one of the conditions
of your use of this Site, you represent, warrant,
and agree that you will not use (or plan, encourage,
or help others to use) this Site for any purpose or
in any manner that is prohibited by these terms, conditions
and notices or by applicable law (including but not
limited to any applicable export controls). It is
your responsibility to ensure that your use of this
Site complies with these terms and conditions (the
"Terms and Conditions") and to seek prior
written consent from the Company for any uses not
permitted or not expressly specified herein. The Company
specifically prohibits any use of this Site, and you
hereby agree not to use this Site, for any of the
following:
(i) posting any incomplete, false
or inaccurate information about yourself, your organization,
and/or your postings. Further, organizations and/or
individuals which represent hiring organizations (i.e.
recruiting or staffing agencies) must identify themselves
as such on the site during the signup process and
must not otherwise misrepresent themselves or the
positions that they post;
(ii) posting any material that is
not entirely your own or for which you do not have
full rights to use;
(iii) posting, advertising, or otherwise
promoting any franchise, "pyramid" scheme,
"club membership," distributorship or sales
representative agency arrangement or other business
opportunity that requires an up-front or periodic
payment, pays commissions only (no significant salary),
requires recruitment of other members, sub-distributors
or sub-agents;
(iv) deleting or otherwise revising
any material posted by any other person;
(v) using any device, software, or
routine to interfere (or attempt to interfere) with
the proper working of this Site or any activity being
conducted on this Site;
(vi) taking any action that imposes
an unreasonable or disproportionately large load on
this Site's infrastructure (including without limitation
"flooding," "spamming," "mail
bombing," or "crashing" the Site);
(vii) notwithstanding anything to
the contrary contained herein, using (or attempting
to use) any engine, software tool, agent, or other
device or mechanism (including without limitation
browsers, spiders, robots, avatars, or intelligent
agents) to navigate or search this Site other than
the search engine and search agents available from
the Company on this Site and other than generally
available third party Web browsers (e.g., Netscape
Navigator, Microsoft Explorer, etc.).
(viii) accessing data not intended
for you or logging into a server or account that you
are not authorized to access;
(ix) probing, scanning, or testing
the vulnerability of a system or network or to breach
security or authentication measures without proper
authorization;
(x) forging any TCP/IP packet header
or any part of the header information in any e-mail
or newsgroup posting;
(xi) if you have a password, allowing
any other person to access a non-public area of this
Site, disclosing to or sharing your password with
any third parties or using your password for any unauthorized
purpose; and
(xii) attempting to decipher, decompile,
disassemble or reverse engineer any of the software
comprising or in any way making up a part of this
Site.
(xiii) technical processing and transmission
of the service, including your Content, may involve
(a) transmissions over various recruiter, headhunter,
and or various related job board sites and networks
to view your information; and (b) changes to conform
and adapt to technical requirements of connecting
networks or devices; and (c) includes receipt of newsletters,
evaluations, marketing materials from third parties
from registration for participation as deemed necessary
by HR on your side, Inc.
No Resale or Unauthorized
Use:
You agree not to resell or assign
your rights or obligations under these Terms and Conditions.
You also agree not to make any unauthorized commercial
use of this Web Site.
Linking:
You may use an approved CP logo as
the prompt(s) for "hot" links from other
Web sites to this Site, provided that any such hot
link explicitly is conditioned on the user's understanding
and agreement that entry into this Site, in every
instance, is subject to all the terms and conditions
of this Agreement.
Any linking to this Site must in
each instance be directed to the "home page"
or entry portal page of this Site. In no instance
is linking permitted directly to locations embedded
within this Site (so-called "deep" linking).
The Company disclaims and forever
waives any and all responsibility for the contents
of any site hot linked to this Site, and assumes no
responsibility, and shall not be liable for any damages
to, or viruses that may infect your computer equipment
or other property on account of your access to, use
of, or browsing in this Site or any linked site or
any downloading of a linked site.
The Company reserves the right to
revoke this limited license to use any of the approved
CP logos for purposes of hot linking to this Site
and may revoke any authority to link to this Site
at any time and under any conditions deemed appropriate
by the Company, in its sole discretion. In the event
of such revocation, the linking party shall remove
the hypertext link to the Site with three (3) days
of such revocation. Any such revocation shall be effective
upon dispatch by the Company.
The indemnity provisions set forth
below apply in full measure to any linked site, and
any person or entity linking to this Site shall indemnify
and hold harmless the Company from any claim arising
from or relating to the linked site.
User Submissions:
We appreciate hearing from our customers
and welcome your comments regarding our services and
this Site. Please be advised, however, that our policy
does not permit us to accept or consider creative
ideas, suggestions, inventions or materials other
than those which we have specifically requested. While
we do value your feedback on our services, please
be specific in your comments regarding our services
and do not submit creative ideas, inventions, suggestions,
or materials.
If, despite our request, you send
us creative suggestions, ideas, drawings, concepts,
inventions, or other information (collectively the
"Information"), the Information shall be
the property of the Company. None of the Information
shall be subject to any obligation of confidence on
our part and we shall not be liable for any use or
disclosure of any Information. The Company shall own
exclusively all now known or later discovered rights
to the Information and shall be entitled to unrestricted
use of the Information for any purpose whatsoever,
commercial or otherwise, without compensation to you
or any other person who submitted the Information.
Furthermore, as a user, you are responsible
for your own communications and are responsible for
the consequences of their posting. You must not, and
by using this Site you hereby agree not to, do the
following things: (i) post material that is copyrighted,
unless you are the copyright owner or have the permission
of the copyright owner to post it; (ii) post material
that reveals trade secrets, unless you own them or
have the permission of the owner; (iii) post material
that infringes on any other intellectual property
rights of others or on the privacy or publicity rights
of others; (iv) post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity; (v)
post a sexually-explicit image or statement; (vi)
post advertisements or solicitations of business,
post chain letters or pyramid schemes; (vii) impersonate
another person; (viii) or post material that contains
viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines or engines
that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any
system, data or information.
User Information:
When you register for our service(s)
on the Site, you will be asked to provide us with
certain information, including but not limited to
a valid e-mail address (your "User Information").
The Company's right to use your User Information is
described in our privacy policy. Please see our Privacy
Policy for further details regarding
use of your Information. The Company reserves the
right to offer third party services and products to
you based on the preferences that you identify in
your Information and at any time thereafter; such
offers may be made by us or by third parties.
Intellectual Property Policy:
We respect the intellectual property
of others and expect you to do the same. At our discretion
and in appropriate circumstances, we may terminate
your account(s) and/or prevent access to the Site
by users who infringe upon the intellectual property
rights of others. Pursuant to 17 United States Code
§512(c) (2) (the Digital Millennium Copyright
Act of 1998, as amended), our designated agent for
notice of alleged copyright infringement appearing
on our site is:
To file a notice of infringement
with us, you need to fulfill the requirements specified
in Title II of the Digital Millennium Copyright Act
of 1998. The text of this statute can be found at
the U.S. Copyright Office web site, (http://lcweb.loc.gov/copyright).
Disclaimer:
This Site contains links to sites
that are not maintained by the Company. While we try
to include links only to those sites which are in
good taste and safe for our visitors, we are not responsible
for the content or accuracy of those sites and cannot
guarantee that sites will not change without our knowledge.
The inclusion of a link in this Site does not imply
our endorsement of the linked site. If you decide
to access linked third-party Web sites, you do so
at your own risk.
THIS SITE IS FOR INFORMATIONAL PURPOSES
ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS
SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES,
OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH
THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF
PRIVACY OR NON-INFRINGEMENT. THE COMPANY DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Career Protection DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT CP) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
This disclaimer of liability applies to any damages
or injury caused by any failure of performance,
error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus,
act of God/act of nature, communication line failure,
theft or destruction or unauthorized access to,
alteration of, or use of record, whether for breach
of contract, tort, negligence, or under any other
cause of action.
You specifically acknowledge and agree that the
Company is not liable for your defamatory, offensive,
infringing or illegal materials or conduct or that
of third parties, and we reserve the right to remove
such materials from this Site without liability.
Limitation of Liability:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL CP BE LIABLE FOR ANY SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS
SITE, EVEN IF CP OR ITS AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO EVENT SHALL CP TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS
SITE/SERVICES.
Termination:
We may terminate this license at any time if, in
our sole discretion and judgment, you fail to comply
with any term or provision of this Agreement. Upon
termination, you shall destroy any materials obtained
from this Site and all copies thereof, whether made
under the terms of this Agreement or otherwise.
Contract Interpretation:
This Agreement shall be governed by and construed
in accordance with the laws of Denver, CO, irrespective
of any applicable conflicts of law principles. If
any provision of this Agreement is ruled to be unlawful,
void, or otherwise unenforceable, then that provision
shall be deemed severable from this Agreement and
shall not affect the validity and enforceability
of any remaining provisions. This is the entire
Agreement between you and the Company relating to
the subject of this Site. You agree that no joint
venture, partnership, employment or agency relationship
exists between you and the Company as a result of
this Agreement or use of this Site.
The information provided on this site is free of
charge and for informational purposes only and does
not create a business or professional services relationship
between you and HR on your side, Inc. Links on this
site may lead to services or sites not operated
by HR on your side, Inc. No judgment or warranty
is made with respect to such other services or sites
and HR on your side, Inc. takes no responsibility
for such other sites or services. A link to another
site or service is not an endorsement of that site
or service. Any use you make of the information
provided on this site, or any site or service linked
to by this site, is at your own risk.
This site and its contents are provided "as
is" and HR on your side, Inc. makes no representation
or warranty of any kind with respect to this site
or any site or its services. HR on your side, Inc.
expressly disclaims all express and implied warranties
including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose,
title, and non-infringement. In no event will HR
on your side, Inc. be liable to any party for any
direct, indirect, incidental, special, exemplary,
consequential, or other damages (including, but
not limited to, lost profits, business interruption,
loss of programs or data) without regard to the
form of action and whether in contract, tort, negligence,
strict liability, or otherwise, arising out of or
in connection with this site, any content on or
accessed through this site or any site linked to,
or any copying, displaying, or use therof.
Nothing contained in this site shall be construed
as conferring by implication, estoppel, or otherwise,
any license or right to any copyright, patent, trademark
or other proprietary interest of CP and HR on your
side, Inc. or any third party. This site and the
content provided in this site, including, but not
limited to, graphic images, audio, video, html code,
buttons, and text, may not be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed
in any way, without the prior written consent of
HR on your side, Inc., except that you may download,
display, and print one copy of the materials on
any single computer solely for your personal, non-commercial
use, provided that you do not modify the material
in any way and you keep intact all copyright, trademark,
and other proprietary notices.
Indemnity
You agree to defend, indemnify, and hold harmless
the Company, its officers, directors, employees,
and agents from and against any claims, actions,
or demands, including without limitation reasonable
legal and accounting fees, arising from your use
of our services or your breach of the terms of this
Agreement. The Company shall provide notice to you
of any such claim, suit, or proceeding and shall
assist you, at your expense and in our discretion,
in defending any such claim, suit or proceeding.
Dispute Resolution:
Any dispute arising with respect to this Agreement
shall be resolved by negotiation between the parties
or, if necessary, by resort to an appropriate federal
or state court located in the State of Colorado.
You expressly waive and are estopped from asserting
any right to pursue any claim against the Company
relating to this Agreement in any forum or venue
located outside Denver, CO. In the event of the
filing of any such claim, you stipulate to the transfer
of the filing to any appropriate or available forum
or court in the Denver, CO, at our sole discretion.
Use of this Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these
terms and conditions, including, without limitation,
this paragraph. Once again, thank you for your interest
in Career Protection and/or HR on your side, Inc.!
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