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General Information
This page states the "Terms and Conditions"
under which you may use Consumer-Opinion.org. They
also provide notice of some of Consumer-Opinion.org
policies. Please read this page carefully.
If you do not accept the Terms and Conditions
stated here, do not use this web site and service.
By using this web site, you are indicating your
acceptance to be bound by the terms of these Terms
and Conditions. Consumer-Opinion.org (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. The terms "You"
and "User" as used herein refer to all
individuals and/or entities accessing this web
site for any reason.
Acceptable Site Use
Users are not allowed to use the Web Site in
order to transmit, distribute, store or destroy
material, including without limitation Web Site
Content, (a) in violation of any applicable law
or regulation, (b) 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 (c) that is harmful, defamatory,
vulgar, obscene, threatening, abusive, harassing,
hateful, or otherwise objectionable.
Users are prohibited from violating or attempting
to violate the security of the Web Site, including
without limitation, (a) accessing data not intended
for such user or logging into a server or account
which the user is not authorized to access, (b)
attempting to probe, scan or test the vulnerability
of a system or network or to breach security or
authentication measures without proper authorization,
(c) 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", "spamming",
"mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or
(e) 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
The Web Site may be used only for lawful purposes
by individuals seeking employment and career information
and employers seeking employees. The Company specifically
prohibits any use of the Web Site, and all users
agree not to use the Web Site, for any of the
following:
1. Posting
any incomplete, false or inaccurate biographical
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).
2. Deleting
or revising any material posted by any other person
or entity.
3. Using any
device, software or routine to interfere or attempt
to interfere with the proper working of the Web
Site or any activity being conducted on this site.
4. Taking
any action which imposes an unreasonable or disproportionately
large load on the Web Site's infrastructure.
5. If you
have a password allowing access to a non-public
area of this Web Site, disclosing to or sharing
your password with any third parties or using
your password for any unauthorized purpose.
6. 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 the Web Site other than the search engine
and search agents available from the Company on
the Web Site and other than generally available
third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer).
7. Attempting
to decipher, decompile, disassemble or reverse
engineer any of the software comprising or in
any way making up a part of the Web Site.
8. Aggregating,
copying or duplicating in any manner any of the
Web Site Content or information available from
the Web Site.
9. Framing
of or linking to any of the Web Site Content or
information available from the Web Site.
10. Posting
or transmitting any unsolicited advertising, promotional
materials, junk mail, chain letters, or any other
form of solicitation or any non-biographical information
such as opinions or notices, commercial, or otherwise.
YOU MAY NOT SPAM OUR MEMBER COMPANIES OR CANDIDATES
WHOSE BIOGRAPHIES OR INFORMATION APPEAR ON THE
WEB SITE. YOU MAY NOT RESPOND TO A JOB LISTING
OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON
BEHALF OF YOURSELF. RECRUITERS AT A MEMBER COMPANY
MAY NOT USE ALLOCATED JOB LISTINGS OTHER THAN
TO LIST AVAILABLE JOBS AT THE MEMBER COMPANY.
Use of Secure Area / Registration
and Password
Use of any password-protected area of the web
site is restricted to the registered user who
has been given permission and a password to enter
such area. This password cannot be distributed
to others, and the registered user is responsible
for any and all damages to Consumer-Opinion.org resulting
from the distribution of such password.
You are responsible for maintaining the confidentiality
of your information and password. You shall be
responsible for all uses of your registration,
whether or not authorized by you. You agree to
immediately notify the Company of any unauthorized
use of your registration or password.
User Information
When you register for the Web Site, you will
be asked to provide the Company with certain information
including, without limitation, a valid email address
(your "Information"). In addition to
the terms and conditions that may be set forth
in any privacy policy on this Web Site, you understand
and agree that the Company may disclose to third
parties, on an anonymous basis, certain aggregate
information contained in your registration application.
The Company will not disclose to any third party
your name, address, e-mail address or telephone
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. The Company 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;
such offers may be made by the Company or by third
parties. Please see the Company's Privacy Policy
for further details regarding your Information.
Membership Renewal
We do not have other fees except the up-front
one-time registration fee. Therefore, you will
not be asked to pay more than once.
User Submissions
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 the Web Site
you agree not to, 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 or statement;
post advertisements or solicitations of business,
post chain letters or pyramid schemes; impersonate
another person; 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.
The Company does not represent or guarantee the
truthfulness, accuracy, or reliability of communications
posted by 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 acts as a passive conduit for the
on-line distribution and publication of user-submitted
information and has no obligation to screen communications
or information 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 these Terms
and Conditions, 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
the Terms and Conditions or the law and the right
to remove communications which are abusive, illegal,
or disruptive. The Company may take any action
with respect to user-submitted information that
it deems necessary or appropriate in its sole
discretion if it believes it may create liability
for the Company or may cause the Company to lose
(in whole or in part) the services of its ISPs
or other suppliers.
By submitting content to any public or nonpublic
area of the Web Site, including message boards,
forums, contests and chat rooms, you grant the
Company and its affiliates the loyalty-free, perpetual,
irrevocable, sub-licensable (through multiple
tiers), 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 subscriber to
access, display, view, store and reproduce such
content for personal use. Subject to the foregoing,
the owner of such content placed on the Web Site
retains any and all rights that may exist in such
content.
We appreciate hearing from our customers and
welcome your comments regarding our services and
the Web 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 "Submission"),
the Submission shall be the property of the Company.
None of the Submission shall be subject to any
obligation of confidence on our part and we shall
not be liable for any use or disclosure of any
Submission. The Company shall own exclusively
all now known or later discovered rights to the
Submission and shall be entitled to unrestricted
use of the Submission for any purpose whatsoever,
commercial or otherwise, without compensation
to you or any other person who submitted the Submission.
The Company's Liability
Consumer-Opinion.org is only a venue. This Web Site
acts as a venue for employers to post job opportunities
and candidates to post biographies and does not
screen or censor the listings offered. The Company
is not involved in the actual transaction between
employers and candidates. As a result, the Company
has no control over the quality, safety or legality
of the jobs or biographies posted, the truth or
accuracy of the listings, the ability of employers
to offer job opportunities to candidates or the
ability of candidates to fill job openings. In
addition, note that there are risks, including
but not limited to the risk of physical harm,
of dealing with strangers, foreign nationals,
underage persons, or people acting under false
pretenses. You assume all risks associated with
dealing with other users with whom you come in
contact through the Web Site.
Because user authentication on the Internet is
difficult, the Company cannot and does not confirm
that each user is who they claim to be. Because
we do not and cannot be involved in user-to-user
dealings or control the behavior of participants
on the Web Site, in the event that you have a
dispute with one or more users, you release the
Company (and our agents and employees) from claims,
demands and damages (actual and consequential,
direct and indirect) of every kind and nature,
known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in
any way connected with such disputes. If you are
a California resident, you waive California Civil
Code d1542, which says: "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."
We are under no legal obligation to, and generally
do not, control the information provided by other
users which is made available through the Web
Site. 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 this Web Site.
The Web Site Content may contain inaccuracies
or typographical errors. The Company makes no
representations about the accuracy, reliability,
completeness, or timeliness of the Web Site or
the Web Site Content. The use of the Web Site
and the Web Site Content 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 biography 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 to be 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, made by any
entity posting jobs on the Web Site.
The company does not warrant
that the web site will operate error- free or
that the 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 web site content 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, whether
express or implied, including the warranty of
merchantability, fitness for particular purpose
and non-infringement. The company makes no warranties
about the accuracy, reliability, completeness,
or timeliness of the material, services, software,
text, graphics, and links.
Disclaimer of Consequential
Damages
In no event shall the company,
its suppliers, or any third parties mentioned
on the web site be liable for any damages whatsoever
(including, without limitation, 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.
Links to Other Sites
The Web Site contains 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.
No Resale or Unauthorized
Commercial Use
You agree not to resell or assign your rights
or obligations under these Terms of Use. You also
agree not to make any unauthorized commercial
use of the Web Site.
Limitation of Liability
The aggregate liability for the Company to you
for all claims arising from the use of the Web
Site, Web Site Content or Materials, or products
or services received through the Web Site is limited
to US $100.00.
Termination
The Company reserves the right, at its sole discretion,
to pursue all of its legal remedies, including
but not limited to deletion of your postings from
this Web Site and immediate termination of your
registration with or ability to access this Web
Site and/or any other service provided to you
by the Company, upon any breach by you of these
Terms and Conditions, for cause in their sole
discretion, or if the Company is unable to verify
or authenticate any information you submit to
the Web Site.
Indemnity
You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS
the Company, its officers, directors, employees,
agents and servants for any and all claims, losses,
liability, actions, demands, damages, costs, attorneys'
fees, accounting fees, and expenses of any type
alleging or resulting from your use of the Web
Site, any Web Site Content or Material, any products
purchased through the Web Site, any biographical
information, any Mystery Shopping services or
products, or your breach of the terms of these
Terms and Conditions, specifically including but
not limited to NEGLIGENCE, GROSS NEGLIGENCE, invasion
of privacy, defamation, property damage, injury,
or death, regardless of whether the liability,
expense, cost, attorneys' fees, damages or property
loss were caused by the sole or comparative negligence
or other fault of you, the Company, or any other
person or entity. The Company 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.
General
The Company makes no claims that the Materials
may be lawfully viewed or accessed outside of
the United States. Access to the Materials may
not be legal by certain persons or in certain
countries. If any provision of these Terms and
Conditions are 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 and
Conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and
Conditions shall be deemed a further or continuing
waiver of such term or any other term. Except
as expressly provided in additional terms of use
for areas of the Web Site, a particular "Legal
Notice," or Software License or material
on particular Web pages, these Terms and Conditions
constitute the entire agreement between you and
the Company with respect to the use of Web Site.
No changes to these Terms and Conditions shall
be made except by a revised posting on this page.
Additional Terms of
Use
Certain areas of this Web Site are subject to
additional terms of use. By using such areas,
or any part thereof, you agree to be bound by
the additional terms of use applicable to such
areas.
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