AGREEMENT
BETWEEN USER AND HR Trading Post
The HR
Trading Post Web Site is comprised of various Web pages operated by
HR Trading Post.
The HR
Trading Post Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the HR Trading Post Web Site
constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
HR Trading Post reserves the right
to change the terms, conditions, and notices under which the HR
Trading Post Web Site is offered, including but not limited to the
charges associated with the use of the HR Trading Post Web
Site.
LINKS TO THIRD PARTY SITES
The HR Trading Post Web Site may contain links
to other Web Sites ("Linked Sites"). The Linked Sites are not under
the control of HR Trading Post and HR Trading Post is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. HR Trading Post is not responsible for
webcasting or any other form of transmission received from any
Linked Site. HR Trading Post is providing these links to you only as
a convenience, and the inclusion of any link does not imply
endorsement by HR Trading Post of the site or any association with
its operators.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HR Trading
Post Web Site, you warrant to HR Trading Post that you will not use
the HR Trading Post Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use
the HR Trading Post Web Site in any manner which could damage,
disable, overburden, or impair the HR Trading Post Web Site or
interfere with any other party's use and enjoyment of the HR Trading
Post Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or
provided for through the HR Trading Post Web Sites.
USE OF COMMUNICATION
SERVICES
The HR Trading Post Web Site may contain
bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and
related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication
Service, you will not:
-
Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
-
Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or
information.
-
Upload files that contain software or other
material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents.
-
Upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage
the operation of another's computer.
-
Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication
Service specifically allows such messages.
-
Conduct or forward surveys, contests, pyramid
schemes or chain letters.
-
Download any file posted by another user of a
Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
-
Falsify or delete any author attributions,
legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material
contained in a file that is uploaded.
-
Restrict or inhibit any other user from using
and enjoying the Communication Services.
-
Violate any code of conduct or other
guidelines which may be applicable for any particular
Communication Service.
-
Harvest or otherwise collect information about
others, including e-mail addresses, without their consent.
-
Violate any applicable laws or regulations.
HR Trading Post has no
obligation to monitor the Communication Services. However, HR
Trading Post reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. HR Trading Post reserves the right to terminate your
access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
HR
Trading Post reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in HR
Trading Post's sole discretion.
Always
use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. HR
Trading Post does not control or endorse the content, messages or
information found in any Communication Service and, therefore, HR
Trading Post specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are
not authorized HR Trading Post spokespersons, and their views do not
necessarily reflect those of HR Trading Post.
Materials uploaded to a Communication Service
may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations
if you download the materials.
MATERIALS PROVIDED TO HR Trading Post OR POSTED
AT ANY HR Trading Post WEB SITE
HR Trading Post does not claim ownership of the
materials you provide to HR Trading Post (including feedback and
suggestions) or post, upload, input or submit to any HR Trading Post
Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
your Submission you are granting HR Trading Post, its affiliated
companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the
use of your Submission, as provided herein. HR Trading Post is under
no obligation to post or use any Submission you may provide and may
remove any Submission at any time in HR Trading Post's sole
discretion.
By
posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HR
Trading Post WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HR
Trading Post AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE HR Trading Post WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE HR Trading Post WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
HR
Trading Post AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE HR Trading Post WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HR Trading Post
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HR
Trading Post AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE HR Trading Post WEB SITE, WITH
THE DELAY OR INABILITY TO USE THE HR Trading Post WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE HR Trading Post WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE HR Trading Post WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF HR Trading Post OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE HR Trading Post WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE HR Trading Post WEB SITE.
SERVICE CONTACT : admin
TERMINATION/ACCESS
RESTRICTION
HR Trading Post reserves the right, in its sole
discretion, to terminate your access to the HR Trading Post Web Site
and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of
courts in
King County
,
Washington
,
U.S.A.
in all disputes arising out of or relating to
the use of the HR Trading Post Web Site. Use of the HR Trading Post
Web Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you
and HR Trading Post as a result of this agreement or use of the HR
Trading Post Web Site. HR Trading Post's performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of HR Trading Post's
right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the HR Trading Post
Web Site or information provided to or gathered by HR Trading Post
with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and HR Trading
Post with respect to the HR Trading Post Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and HR Trading Post
with respect to the HR Trading Post Web Site. A printed version of
this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the
same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be drawn
up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the HR Trading
Post Web Site are: Copyright 2004 Oracast and/or its suppliers. All
rights reserved.
TRADEMARKS
The names of actual companies and products
mentioned herein may be the trademarks of their respective
owners.
The example companies,
organizations, products, people and events depicted herein are
fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are
reserved.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United
States Code, Section 512(c)(2), notifications of claimed copyright
infringement under United States copyright law should be sent to
Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.
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