Terms and Conditions of Service
1.0 Overview.
This Web site (the “Site”) is owned by Applied Recruitment Technologies,
Inc. (“ART”) and the online content and services available on the Site (the
“ART Content”) is made available on the following terms and conditions of
service (the “Terms”). By using the Site you accept these Terms. ART may
revise these Terms at any time by updating this posting. Your use of the Site,
or any service on the Site, after posting of modification to the Terms, will
constitute your acceptance of the Terms as modified. This Site is for
informational purposes only. ART expressly disclaims all liability with respect
to actions taken based upon any or all of the information on the Site.
2.0 User Assent
to Terms and Conditions of Service.
In using the Site, you represent and agree that you have read and agree to be
bound by the Terms and shall: (i) comply with U.S. law regarding the
transmission of any data obtained from the Site in accordance with the Terms;
(ii) not use the Site for illegal purposes, (iii) not use the Site or any ART
Content for any commercial purposes (as defined in Section 7); and (iv) not
interfere with or disrupt networks connected to the Site.
3.0 Privacy Policy/Data
Protection.
Your privacy is important to us. ART’ use of personal information supplied by
you when using this Site is governed by our privacy policy.
4.0 Rules for the Site.
You are entirely responsible for all information you post to the Site. ART
specifically prohibits any use of the Site for any of the following activities:
4.1. Posting any incomplete, false or inaccurate information which is not
your own accurate résumé
4.2. Posting any franchise, pyramid scheme, “club membership,” or other
business opportunity;
4.3. Deleting or revising any material posted by any other person or entity;
4.4. Disclosing or sharing your password with any third parties;
4.5. Posting material that is copyrighted, unless you are the copyright owner
or have the permission of the copyright owner to post it;
4.6. Posting material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to anyone, or posting a sexually-explicit
image or statement;
4.7. Posting material that contains viruses, or anything that are intended to
damage ART’ systems, data or information;
4.8. Posting information that is not strictly for job or resume posting
purposes.
5.0 Content Monitoring.
As a matter of policy, ART does not prescreen or monitor communications in
advance and is not responsible for screening and monitoring material posted by
users. ART has the right, but not the responsibility, to remove any information
or dialog it deems in its sole discretion to be harmful, offensive, or otherwise
in violation with any rules ART has in place at the time.
6.0 Access and Use.
You may for your personal, non-commercial use retrieve and display ART
Content on any compatible device.
You may also on an occasional and infrequent basis email selected resumes or job
listings appearing on the Site to a maximum of ten individuals, provided you do
not use this function for the purpose of either creating a “paid for”
service or regular information dissemination within an organization.
7.0 Restrictions on Use.
You may not use the Site for any illegal purpose or in any manner inconsistent
with the Terms. You agree to use the Site solely for the noncommercial use and
benefit of yourself or your own organization, and not for resale or other
transfer to, or use by or for the benefit of, any other person or entity. You
agree to comply with any other applicable terms and conditions of service set
forth on the Site. Except as expressly set out above, you may not copy,
reproduce, publish, broadcast, transmit, modify, adapt, create derivative works
from, store, archive, publicly display or in any way commercially exploit any of
the ART Content. Without limitation, you may not do any of the following without
prior written permission from ART (and may not allow a third party to do any of
the same):
- Search and retrieve information from ART’ computer systems using
automatic querying, harvesting, crawling, scraping or any similar program;
- Copy, reproduce, recompile, decompile, disassemble, reverse engineer,
distribute, publish, display, perform, modify, upload to, create derivative
works from, transmit or in any way exploit any part of the site, except that
you may download material from the site and/or make print copies for
personal use, provided that all copies retain all copyright and other
proprietary notices;
- Modify the Site’s content;
- Offer any part of the Site for sale or distribute it over any other
medium, including, but not limited to a computer network or hyperlink
framing on the Internet;
- Use any names or marks included on the site in any manner that creates the
impression such names or marks belong to or are associated with you or imply
any endorsement;
- Redistribute any of the ART Content, including through any content
aggregation, library, archive or similar service;
- Remove the copyright or trademark notice from any copies of ART Content
made under these terms and conditions;
- Create a database in electronic or structured manual form by
systematically and/or regularly downloading/printing and storing all or any
of the ART Content;
- Deep link to, frame, spider, harvest or scrape the ART Content or
otherwise access the ART Content for similar purposes; or
- Use any machine, electronic, web based or similar devise to read or
extract the ART Content by automated or machine based means.
PLEASE NOTE THAT, IN ADDITION AND WITHOUT PREJUDICE TO THE RIGHTS OF ART
AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE
ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THE SITE.
8.0 Rights Reserved.
All present and future rights in and to trade secrets, patents, copyrights,
trade names, trademarks, service marks, databases, know-how and other
proprietary rights of any type under the laws of any governmental authority,
including rights in and to all applications and registrations appearing on or
relating to the Site (the "IP Rights"), shall, as between you and ART,
at all times be and remain the sole and exclusive property of ART.
9.0 Feedback Submissions.
We welcome your feedback, but be advised that our policy does not permit us to
accept submissions other than those which we have specifically requested. If,
despite our request, you send us submissions, the submission shall be the
property of the ART.
10.0 Intellectual Property.
You acknowledge that the Site has been developed, compiled, prepared, revised,
selected and arranged by ART through the application of methods and standards of
judgment requiring substantial time, effort and money and constitutes valuable
intellectual property of ART. The Site, including but not limited to text,
content, photographs, video, audio and graphics, is protected by copyrights,
trademarks, service marks, international treaties and/or other proprietary
rights and laws of the U.S. and other countries. All individual elements making
up the Site are copyrighted works and the Site is protected as a collective work
or compilation under U.S. copyright and other laws and treaties. You acknowledge
that you have no ownership rights in or to any proprietary rights and agree to
abide by all applicable copyright and other laws in regard to the contents of
the Site.
11.0 Registration and 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. You are responsible for
maintaining the confidentiality of your user ID and password.
12.0 License.
By accessing the Site, you acquire no rights or licenses in or to the Site or
materials (the “Content”) contained therein other than the limited right to
utilize the Content on the Site in accordance with the Terms. If you submit
material to the Site, you grant ART a non-exclusive, royalty-free, perpetual,
irrevocable and fully sublicenseable right to use, reproduce, modify, adapt,
publish, create derivative works from, distribute, copy, and display the Content
throughout the world in any format.
13.0
Disclaimer of Warranty and Limitation of Liability
13.1. You agree that your use of the Site is at your sole risk and
acknowledge that the Site and anything contained therein, are provided “AS
IS” and that ART excludes all warranties, express or implied relating to the
Site. This includes, but is not limited to, any implied warranty that the
information it contains is accurate or up-to-date or is suitable for any
particular purpose. ART shall not be liable for any loss or damage suffered as
the result of the use of this Site.
13.2. Your use of assistance given by our staff shall be solely at your own
risk.
13.3. ART is only a venue and does not screen or censor the listings offered,
and has no control over the jobs or resumes posted, the truth or accuracy of
the listings.
13.4. ART does not confirm that each user is who he or she claims to be.
13.5. You acknowledge and agree that you are solely responsible for the form,
content and accuracy of any resume placed by you on the Site and agree that
the specific employers that post job openings, not ART, are solely responsible
for their postings on the Site.
13.6. ART does not warrant that the Site will operate error-free.
13.7. In no event shall ART be liable for any damages resulting from the use
or inability to use the Site.
13.8. ART does not represent or guarantee the truthfulness, accuracy, or
reliability of postings by users or endorse any opinions expressed by users.
14.0 Indemnification.
You expressly agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, shareholders, representatives, subsidiaries, affiliates and assigns from and against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities and expenses (including, but not limited to, court costs, reasonable attorney, paralegal and expert witness fees) arising in connection with the breach of the Agreement, your use of the Web Site or the breach of any third party intellectual property rights, REGARDLESS OF THE SOLE AND/OR COMPARATIVE NEGLIGENCE OR OTHER FAULT OR RESPONSIBILITY OF THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES AND ASSIGNS. Such indemnity shall continue in full force and effect notwithstanding the termination of the Agreement or your discontinuance of use of the Web Site.
15.0 Termination.
You agree that ART, in its sole discretion, may immediately terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if ART believes that you have violated or acted
inconsistently with the letter or spirit of the Terms. ART may also in its sole
discretion and at any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your access
to the Service may be effected without prior notice, and acknowledge and agree
that ART 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 Service. Further, you agree that ART shall not be liable to you or
any third-party for any termination of your access to the Service. Upon
termination, you must promptly destroy all materials obtained from the Site and
any copies thereof.
16.0 Links to Other Sites.
ART 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.
17.0 NO USERS UNDER 13 YEARS
OF AGE.
THE SITE IS NOT DESIGNED TO BE USED BY CHILDREN UNDER THIRTEEN (13) YEARS OF
AGE. BY SUBMITTING ANY PERSONAL INFORMATION, YOU REPRESENT, WARRANT AND COVENANT
THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD. ANYONE THIRTEEN (13) YEARS OF AGE
OR UNDER MAY VISIT THE SITE AS A GUEST, BUT SHOULD UNDER NO CIRCUMSTANCES SUBMIT
OR POST TO THE SITE ANY PERSONAL INFORMATION.
18.0 Miscellaneous
18.1. Other areas of this Site are subject to additional terms of use. You
agree to be bound by these additional terms of use.
18.2. You acknowledge that ART has the right to change the content or
technical specifications of the Site at any time at ART 's sole discretion.
You further accept that such changes may result in your being unable to access
the Site.
18.3. These Terms shall be governed and construed in accordance with the laws
of the United States of America and the State of New York, without giving
effect to conflicts-of-law principles thereof. You agree to submit to the
personal jurisdiction of the state and federal courts located in New York
County, New York, with respect to any legal proceedings arising out of this
agreement or your use of the Site and waive any objection to the propriety or
convenience of venue in such courts.
18.4. The designated agent to receive notification of claimed infringement
under Title II of the Digital Millennium Copyright Act or other Official
Correspondence is: Kris Defnet, Applied Recruitment Technologies, Inc.,
9100 E. Panorama Drive, Suite 200, Englewood, Colorado 80112.
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