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This page states the Terms and Conditions under which you may use Executive Search Online.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.com (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 Executive Search Online.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 Executive Search Online.com also are trademarks. This includes Executive Search Online.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 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. 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 Personally identifiable information posted to executivesearchonline.com is confidential and is initially only viewed by executivesearchonline.com and its affiliates. If you give us permission, your company contact information may be viewed by select job seekers. 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 executivesearchonline.com company profile, this means you have elected to receive resumes via fax, e-mail and first class mail from executivesearchonline.com, and its affiliates. You may opt out of this service at any time on your profile. If you want 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. Section 11. 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 and signed by an authorized representative of the Company. |
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