THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION PURSUANT TO SECTION 15-48-10 OF THE SOUTH CAROLINA CODE, AS AMENDED
WEB SITE TERMS AND CONDITIONS OF USE
This page (this "Agreement") states the terms and conditions under which you may use the TaxTalent.com, Inc. web site (the "Web Site"). If you ("you" or "User") do not accept the terms and conditions stated herein, you may not use the Web Site. The creator of this Web Site, TaxTalent.com, Inc. (the "Company"), may revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review these terms and conditions, which are binding on you.
1. Personal, Non-Commercial Use of Material. The Company authorizes you to view and download a single copy of the material on this Web Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.
You are granted a non-exclusive, non-assignable and non-transferable license to use the Web Site only in accordance with this Agreement. This license is not a sale of any of the Company's rights. The Web Site may be used only by you, and you may not rent, lease, lend, sub-license or transfer the Web Site or any data residing on it or any of your rights under this Agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of this Web Site. You may not transfer to or store any data residing or exchanged over the Web Site in any electronic network for use by more than one user unless you obtain prior written permission from the Company.
HEADHUNTERS, EMPLOYMENT PLACEMENT/OUTPLACEMENT AGENCIES, TEMPORARY WORKER AGENCIES, CONSULTANTS AND OTHER THIRD PARTIES, INCLUDING ANY THIRD PARTY CHARGING A FEE OR RESTRICTING COMPLETE ACCESS TO ALL RESUME INFORMATION, ARE PROHIBITED.
2. Copyright and Trademark Notices. The contents of this Web Site, such as, but not limited to, text, logos, graphics, images, software, and other material (the "Material"), are protected by copyright (Copyright 2000-2001-2002, TaxTalent.com) under both United States and foreign laws, all rights reserved. The TAXTALENT mark, the logos, the trade dress of this Web Site, and all other marks on this Web Site are trademarks or service marks of TaxTalent.com, Inc. or its third-party providers. 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 code that the Company creates to generate its web pages which code is also protected by the Company's copyright. If you violate any of the terms of this Agreement, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
3. Company's Liability. The Material may contain inaccuracies, typographical errors, or offensive or improper content. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and 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. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.
This Web Site is only a venue. This Web Site acts as a venue for employers to post job opportunities and members to post resume profiles and are not required to censor the listings offered. The Company is not involved in the actual creation of an employment relationship between employers and candidates or determines the accuracy of information submitted. As a result, the Company has no control over the quality, safety or legality of the jobs or profiles 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 this Web Site.
Information set forth on the Web Site (including, but not limited to, statements made in the Career Forum, other forums or the Job Board) is not to be relied upon or utilized as a source of financial, tax, legal, accounting, economic, business, or other professional advice. All users are urged to consult their independent business, personal and/or professional advisors before relying upon or utilizing any of the information from this Web Site for personal or business purposes.
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 AND OTHER HARMFUL GOODS OR COMPONENTS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY (INCLUDING, BUT NOT LIMITED TO, FROM THIS WEB SITE) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
4. Disclaimer of Consequential Damages. IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PUNITIVE, 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 COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Liability Cap. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.
6. Submissions and Third-Party Content. Generally, any communication, which you post to the Web Site, is considered to be non-confidential. User acknowledges that transmissions to and from the Web Site are not confidential and that communications may be read or intercepted by others. User acknowledges that by submitting communications to the Company or the Web Site, no confidential, fiduciary, contractually implied or other relationship is created between User and the Company except as expressly provided in this Agreement. If particular Web pages permit the submission of communications, which will be treated by Company as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, you automatically grant Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, prepare derivative works from, and display the communication -- alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting (or listing). You will not do the following things: (a) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (b) post material that reveals trade secrets, unless you own them or have the permission of the owner; (c) post material that infringes on any other intellectual property rights of others or on the privacy, moral (droit moral) or publicity rights of others; (d) post any false or inaccurate information; (e) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; (f) post a sexually-explicit image; (g) post advertisements or solicitations of business unless under contract with the Company to do so; (h) post chain letters or pyramid schemes; (i) post any material that constitutes or encourages conduct that would constitute criminal offenses, give rise to civil liability or otherwise violate law; (j) post materials that contain a computer virus or other harmful component; (k) impersonate another person; (l) delete or revise any material posted by any other person or entity; (m) use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site; (n) take any action which imposes an unreasonable or disproportionately large load on this Web Site's infrastructure; (o) if you have a password allowing access to a non-public area of this Web Site, disclose to or share your password with any third parties or use your password for any unauthorized purpose; (p) use or attempt 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 this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer); or (q) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted on this Web Site, whether by the Company, by other Users or by other third-party content providers (including, but not limited to, the Career Coach, or any, any job postings or any information from white paper postings) or endorse any statements or opinions expressed by Users or third-party content providers. You acknowledge that any reliance on material posted by other Users or third-party content providers will be at your own risk.
The Company is not required to screen communications in advance and is not responsible for screening or monitoring material posted by Users or third-party content providers. If notified by a User of communications, which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or applicable law and the right to remove communications which are abusive, illegal, or disruptive.
This Web Site is intended to be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees and may not be used for any other purposes. Without limiting any other provision of this agreement, each User represents, warrants and covenants that they will not post any incomplete, false or inaccurate biographical information or information which is not their own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
8. User Information. Please see the Company's Privacy Statement for further details regarding the privacy of your personal information.
9. Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of this 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 that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
10. Registration and Password. You are responsible for maintaining the confidentiality of your registration 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.
11. 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 are not an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not make any representations or warranties, express or implied, 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.
12. Third Party Products and Services. THIS WEB SITE CONTAINS THIRD-PARTY PRODUCTS AMD SERVICES. THE MENTION OF THIRD PARTIES AND/OR INCLUSION OF THEIR RESPECTIVE PRODUCTS AND SERVICES IS NEITHER A RECOMMENDATION NOR AN ENDORSEMENT OF SUCH THIRD PARTIES OR THEIR PRODUCTS AND SERVICES. ALL THIRD-PARTY PRODUCTS AND SERVICES MUST BE ORDERED DIRECTLY FROM SUCH THIRD PARTIES OR THEIR REPRESENTATIVES AND ALL LICENSES AND WARRANTIES RELATING TO SUCH THIRD-PARTY PRODUCTS AND SERVICES, IF ANY, ARE BETWEEN YOU AND SUCH THIRD PARTY. COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD-PARTY PRODUCTS AND SERVICES AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS, DATA, OR WORKMANSHIP CONTAINED IN ANY SUCH THIRD-PARTY PRODUCTS AND SERVICES.
13. Software Licenses. All software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designed "Legal Notice" accompanying such software (each, a "Software License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the applicable Software License Agreement.
14. Indemnity. You agree to defend, indemnify, and hold harmless the Company, its officers, directors, shareholders, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees and costs, alleging or resulting from your use of this Web Site or of the Material (including Software) or your breach of the terms of this Agreement. ("Your use of this Web Site" includes, but is not limited to, any job postings you make, whether or not the Company assists you with the drafting of those postings, provides research or information for the postings, or otherwise assists with or contributes to the postings.) The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall be entitled to assist you, at your expense, in defending any such claim, suit or proceeding.
15. Export Control. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any controlled products or information.
16. Change or Discontinuation of Service. The Company may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database, content or Materials. The Company may also impose limits on certain features and services or restrict User access to parts or all of the Web Site without notice or liability.
17. Limitation on Actions. Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises.
18. No Partnership, etc. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company (or any of Web Site Members) as a result of this agreement or your use of this Web Site.
19. Jurisdiction; Governing Law. This Web Site is based in the County of Charleston, South Carolina, U.S.A. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) 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 South Carolina, without respect to its conflict of laws principles. User irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in Charleston, South Carolina, U.S.A.
20. Arbitration. Any dispute, claim or controversy ("Dispute") arising out of, connected with or relating to this Agreement or any related agreement shall be resolved by binding arbitration as provided herein. Institution of a judicial proceeding by a party does not waive the right of that party to demand arbitration hereunder. Disputes may include, without limitation, tort claims, counterclaims, disputes as to whether a matter is subject to arbitration, claims brought as class actions, or claims arising out of or connected with the transaction reflected by this document. Notwithstanding the arbitration provisions set forth herein, the parties reserves the right to seek an injunction or other equitable relief from a court with applicable authority.
Arbitration shall be conducted under and governed by the pertinent rules of the American Arbitration Association (the "AAA"). All arbitration hearings shall be conducted in Charleston, South Carolina. The expedited procedures of the AAA shall be applicable to all claims. All applicable statutes of limitation shall apply to a Dispute. A judgment upon the award may be entered in any court having jurisdiction and any decision rendered by the arbitrator shall be final and binding on the parties. The single arbitrator selected for expedited procedure shall be a licensed attorney.
21. Severability. 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.
22. Interpretation of Waivers. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other terms.
23. Entire Agreement. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Web Site pages, this Agreement constitutes the entire Agreement between User and the Company with respect to the use of the Web Site.
24. Changes; Amendments. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.