- Use of Material
- Acceptable Site Use
- The Company's Liability
- Disclaimer of Consequential Damages
- User Submissions
- Links to Other Sites
- Limitation of Liability
- User Information
This page states the Terms and Conditions under which you may use www.executivesearchonline.com
. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site. Executive Search Online
(the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Section 1. Use of Material
The Company authorizes you to view and download a single copy of the material on www.executivesearchonline.com
(the "Web Site") solely for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. The "look" and "feel" of www.executivesearchonline.com
also are trademarks. This includes www.executivesearchonline.com
color combinations, button shapes, layout, and all other graphical elements. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML that the Company creates to generate its pages. It is also protected by the Company's copyright.
Section 2. Acceptable Site Use
Section 3. The Company's Liability
- Specific Prohibited Uses. The Web Site may be used only for lawful purposes by individuals seeking employment and employers seeking employees. The Company specifically prohibits any other use of the Web Site, and requires all users to agree not to use the Web Site, for any of the following:
- Posting any incomplete, false or inaccurate resume information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
- Posting non-resume information such as opinions or notices, commercial or otherwise.
- Responding to any employment opportunity for any reason except to apply for the job. Communications soliciting the employer's business by our competitors are prohibited.
- Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
- Deleting or revising any material posted by any other person or entity.
- Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation:
- Accessing data not intended for such user or logging into a server or account which user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding","mailbombing" or "crashing".
- Sending unsolicited e-mail, including promotions and/or advertising of products or services.
- 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.
- General Rules. Users may not use the Web Site in order to transmit, distribute, store or destroy material:
- in violation of any applicable law or regulation;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others; or
- that is libelous , obscene, threatening, abusive or hateful.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any profile, resume or material contained therein placed by you on the Web Site. Employers are solely responsible for their postings on the Web Site.
The Company is not to be considered an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason, made by any entity positing jobs on the Web Site.
Our job hunting information service has been highly effective for many people. However, of the world's finest databases we acquire, up to 10% may be out-of-date. While our software uses millions of links, even with link checking software, some will be out-of-date.
We are not an agency or recruiter. Nor do we supply lists of unpublished jobs. We also do not sell, promise or guarantee any number of interviews, job offers, response from mailings, time required for a search, or specific income you can achieve. Accordingly, at no time would we make refunds based on people claiming they did not understand this.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR- FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN `AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Section 4. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 5. User Submissions
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, The Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities.
The Company reserves the right to expel users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 6. Privacy
6.1 For Individuals
Personally identifiable information posted to www.executivesearchonline.com
is confidential and is initially only viewed by www.executivesearchonline.com
and its affiliates. If you give us permission, your profile will be referred to our recruiting division, on a confidential or public basis, chosen by you. This profile may be viewed by select employers and recruiters. www.executivesearchonline.com
cannot police or enforce its rules against all third party users; you should communicate with the entity contacting you if you object to being contacted and want to restrict or stop their use of your identifiable information. We may also use the information to contact you about the technology-based career management services of our private services division. If you want www.executivesearchonline.com
to remove your profile or to cease any other use of personally identifiable information, you should send us a specific request by email, regular mail, or certified mail or by regular mail clearly marked "Privacy-Urgent", in either case.
6.2 For Organizations
If you give us permission, your company contact information may be viewed by select job seekers. www.executivesearchonline.com
cannot police or enforce its rules against all third party users; you should communicate with the person contacting you if you object to being contacted and want to restrict or stop their use of your identifiable information. We may also use the information to contact your organization about the technology-based career management services of our private services division, if you give us permission. If you selected "yes" under Active Status in your www.executivesearchonline.com
company profile, this means you have elected to receive resumes via fax, e-mail and first class mail fromwww.executivesearchonline.com
, and its affiliates. You may opt out of this service at any time on your profile. If you want www.executivesearchonline.com
to remove your profile or to cease any other use of personally identifiable information, you should send us a specific request by email, regular mail, or certified mail - or by regular mail clearly marked "Privacy-Urgent", in either case.
Section 7. Links to Other Sites
The Web Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 8. Limitation of Liability
The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $100.
Section 9. Indemnity
You agree to defend, indemnify, and hold harmless the Company, it's officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement.
Section 10. User Information
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
10.1 What additional information does company collect?
(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors' domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous "traffic data" that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
(b) COOKIES. From time to time, we may use the standard "cookies" feature of major browser applications that allows us to store a small piece of data on your computer about your visit to our Web site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on our website other than cookies. Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended.
10.2 What does company do with collected information?
(a) PERSONAL INFORMATION. We will share any and all personal information you submit to our Company with third parties, who in our sole discretion, may have products or services you will find of interest. We will share your information without your additional consent. We may also use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to the Site, or to send you additional information about us. If you give your permission during the account registration process, we may share your information with our business partners or other companies so that they may send you promotional materials. By giving your permission during the account registration process, you expressly consent to receive such promotional materials from us, and/or our business partners or other companies via various media channels, which includes, but is not limited to, SMS messaging (standard carrier text messaging charges will apply).
(b) ANONYMOUS INFORMATION. We use anonymous information to analyze our Site traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.
(d) DISCLOSURE OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Company or its parent company, subsidiaries or affiliates, (2) protect and defend the rights or property of Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.
(e) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through this Web site. If Company or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer.
(f) ACCESS TO INFORMATION. Unfortunately, we do not maintain any procedures for you to review or request changes to the information that we collect about you, except that you may request that we remove all information about you from our database by contacting us in accordance with Section 6.1 below.
(g) CHOICES FOR PERSONAL INFORMATION, By submitting personal information at the Website, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR S310 et seq.), as amended from time to time (the "Rule"). Notwithstanding that your telephone number may be listed at the Federal Trade Commission's Do-Not-Call List, you give us the right to contact you via telemarketing in accordance with the Rule.
Section 11. Security
The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Section 12. General
This Web Site is based in Denver County, Colorado. The Company makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Arapahoe County, Colorado. If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.