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LEGAL NOTICE: THE TERMS, CONDITIONS AND NOTICES BELOW WILL GOVERN YOUR USE OF THE
AECWORKFORCE WEBSITE. THEY ALSO PROVIDE NOTICE OF SOME OF AECWORKFORCE's POLICIES.
PLEASE READ THEM CAREFULLY!
The AECWorkForce Web site ("The Site") is offered to you, the user, only
conditioned on your acceptance without modification of the terms, conditions and
notices contained herein. "The Site" also refers to all information, text
and visual images, software, products and services used or available via the Site.
Any and all rights not expressly granted in these Terms, Conditions and Notices
(collectively, the "Terms") are reserved by AECWorkForce. AECWorkForce
reserves the right to change these Terms, at its sole discretion, at any time or
from time to time. Your use of the Site means that you've read all of these Terms
and agree to them.
General, Trademarks, Copyrights, etc:
AECWorkForce is the owner of all intellectual property rights (including copyrights
and trademarks) in the Site. Material published by AECWorkForce on this Site may
contain other proprietary notices or describe products, services, processes or technologies
owned by AECWorkForce or third parties. Nothing in these Terms or in the Site shall
be construed as granting to you a license under any copyright, trademark, patent
or other intellectual property right of AECWorkForce or any third party, except
as expressly set forth herein.
The deletion or alteration of any copyright or other proprietary notices from the
Site is strictly forbidden.
All product and service marks contained herein are the trademarks of their respective
owners. The "look" and "feel" of the Site (including color combinations,
button shapes, layout, design and all other graphical elements) are also AECWorkForce's
trademarks or copyrights. All editorial content and graphics on this site, as well
as the HTML based computer programs used to generate pages, and the Web site are
protected by U.S. copyright laws and international treaties and may not be copied
without the express permission of AECWorkForce, which reserves all rights. Re-use
of any of AECWorkForce's editorial content and graphics for any purpose is strictly
prohibited without AECWorkForce's prior written permission. Please be aware that
the information, software, products and services published on this Site may include
inaccuracies, typographical errors or out-of-date information. Changes are made
and items added to the Site and the information on it from time to time. AECWorkForce
may make such changes or additions at any time at its sole discretion.
Other Parties:
This Site may contain hyperlinks or other connections to Web sites operated by parties
other than AECWorkForce, including but not limited to those of the AECWorkForce'
Member companies and agencies or its advertisers (individually or collectively,
as the case may be, "Members"). AECWorkForce does not control these Web
sites and is not responsible for them, including for their availability, content
or any viruses accessed through them. AECWorkForce's inclusion of hyperlinks or
other connections to such Web sites does not imply any endorsement of the material
on them or any association with their owners or operators. AECWorkForce takes no
responsibility whatsoever for the activities of job applicants or AECWorkForce Members
or those Members' respective hiring, recruiting or other practices (or any of the
information posted or downloaded by them on the Site). Nothing on the Site shall
be deemed to be an endorsement, representation or warranty with respect to any Member,
applicant or other third party, whether in regard to its Web site, products, services
or otherwise.
Your Use; Limited License:
The AECWorkForce Site is for your personal and noncommercial use. Except as otherwise
expressly provided, you may not modify, copy, distribute, transmit, display, perform,
reproduce, use, publish, license, create derivative works from, transfer or sell
any information or content contained in the Site, the AECWorkForce Website as a
whole software, products or services obtained from or available as part of or in
conjunction with this Site. You are granted a non-exclusive, non-assignable and
non-transferable license to use the Site only under these terms and conditions of
use.
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.
This license is not a sale of any of the owner's rights. Only you may use the AECWorkForce
Site, and you may not rent, lease, lend, sub-license or transfer the 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 the Site. You may not transfer
to or store any data residing or exchanged over the AECWorkForce Site in any electronic
network for use by more than one user unless you obtain prior written permission
from AECWorkForce.
Your Responsibilities:
Individuals seeking employment and employers seeking employees may use the Site
only for lawful purposes. As one of the conditions of your use of the Site, you
represent, warrant and agree that you will not use (or plan, encourage or help others
to use) the Site for any purpose or in any manner that is prohibited by these terms,
conditions and notices or by applicable law (including but not limited to any applicable
export controls). It is YOUR RESPONSIBILITY to ensure that your use of the Site
complies with these terms, conditions and notices and to seek prior written permission
from AECWorkForce for any uses not permitted or not expressly specified herein.
In connection with your use of our Site, you will not:
1. Transmit any message, information, data, text, software or images, or other materials
("Content") that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or
otherwise objectionable that may invade another's right of privacy or publicity;
2. Impersonate any person or entity, including but not limited to, a AECWorkForce
official, guide or host or falsely state or otherwise misrepresent your affiliation
with a person or entity;
3. Post or transmit any Content that you do not have a right to reproduce, display
or transmit under any law or under contractual or fiduciary relationships (such
as nondisclosure agreements);
4. Post or transmit any Content that contains a virus or corrupted data;
5. Delete any author attributions, legal notices or proprietary designations or
labels that you upload to any communication feature;
6. Use the Site's communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use of all
caps, or flooding continuous posting of repetitive text);
7. Post or transmit any unsolicited advertising, promotional materials, "junk
mail", "Spam," "chain letters," "pyramid schemes"
or any other form of solicitation or any non-resume information such as opinions
or notices, commercial or otherwise;
8. Delete or revise any material posted by any other person or entity;
9. Take any action which imposes an unreasonable or disproportionately large load
on this Site's infrastructure;
10. Upload or transmit any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
a. Post any incomplete, false or inaccurate resume information or information that
is not your own accurate resume (living individual seeking employment on a full-time
or part-time basis on his or her own behalf).
b. Respond to any employment opportunity on the Site for any reason other than to
apply for the job. Communications soliciting the employer's business by our competitors
are prohibited.
11. Post to the Site any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions only (no significant
salary), requires recruitment of other members, sub-distributors or sub-agents.
12. Violate any applicable local, state, national or international law;
13. Print out or otherwise copy or use any personally identifiable information about
employees or business information about employers. Unsolicited e-mail, telephone
calls, mailings or other contacts to posting individuals and companies are prohibited.
Web Site Security Rules:
Users are prohibited from violating or attempting to violate the security of AECWorkForce.com,
including, without limitation,
(i) accessing data not intended for such user or logging into a server or account
which such user is not authorized to access,
(ii) attempting to probe, scan or test the vulnerability of a Site or network or
to breach security or authentication measures without proper authorization,
(iii) attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing"
or "crashing", or
(iv) sending unsolicited e-mail, including promotions or advertising of products
or services, or
(v) forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
Violations of Site or network security may result in civil or criminal liability.
AECWorkForce 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.
Your Grants:
By submitting (e.g., uploading) Content to the Site, you automatically grant AECWorkForce
the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and
license to use, reproduce, modify (to comport with the Site), adapt, publish, distribute,
translate, create derivative works from, distribute, perform and display such Content
(in whole or part) worldwide or to incorporate it in other works in any form, media,
or technology now known or later developed, without restriction or compensation.
In addition, you warrant that all so-called "moral rights" in the Content
have been waived. AECWorkForce and its designees shall have the right, but not the
obligation, in their sole discretion to edit, refuse to post, or remove any Content
posted on the Site. Without limiting the foregoing, AECWorkForce and its designees
shall have the right to remove any Content that violates these Terms or are otherwise
objectionable. You agree to indemnify and hold AECWorkForce harmless from any third
party claim, damages or demand, including reasonable attorneys' fees, relating to
or arising out of your violation of these Terms, your representations and warranties,
or your violation of any rights of another.
Monitoring, etc:
AECWorkForce is under no obligation to monitor the information residing on or transmitted
via this Site. However, you agree that AECWorkForce may monitor the Site Contents
to
(1) comply with any applicable laws, regulations or other government requests;
(2) to operate the Site properly or to protect itself and its users and Members;
and
(3) for such other purposes as it may deem reasonably necessary or appropriate from
time to time. AECWorkForce reserves the right to modify, reject or eliminate any
information residing on or transmitted to its Site that it, in its sole discretion,
believes is unacceptable or in violation of these terms and
conditions.
Information Collection:
The very nature of the service AECWorkForce provides you requires that we gather,
process, use and distribute information which you provide directly (e.g., name,
physical address, e-mail address, resume), as well as information regarding the
manner in which you use the Site. AECWorkForce cannot guarantee that your information
will be prevented from being viewed by any particular party. If you have directly
submitted information and would like us to remove it from our database, please contact
us and we will use reasonable efforts to delete your information from our then existing
files. At your request, we will also make reasonable efforts to forward a similar
request on to up to five Members specified by you; however, we cannot control, or
be liable for such efforts, or for any past, present or future action or inaction
by any of our Members. AECWorkForce may use your contact information to send you,
via mail or e-mail, updates and news related to the site and/or your job hunt. You
may be added to these services by default at the time you initiate your account
at the discretion of AECWorkForce. You may opt out of these services at any time.
Disclaimers & Limitations:
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET
GENERALLY. THIS SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
ADVICE OR INFORMATION GIVEN BY AECWORKFORCE, ITS AFFILIATES OR THEIR RESPECTIVE
EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. AECWORKFORCE EXPRESSLY
DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY
WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER
MATERIAL ACCESSIBLE FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AECWORFORCE 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, AECWORKFORCE IS NOT RESPONSIBLE FOR THOSE COSTS. YOU
SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US AS THE SITE PROVIDER FOR ANY ALLEGED
OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST
ON OUR SITE. WE MAKE NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY JOB OR FILL
ANY JOB OPENING VIA THE SITE, NOR ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY
FOR) ANY JOB YOU MAY OBTAIN OR JOB YOU MAY FILL. AECWORKFORCE DOES NOT ASSUME ANY
LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON
THE SITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL AECWORKFORCE
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH
THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THIS OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS
(WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF AECWORKFORCE
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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 AECWORKFORCE'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL
BE LIMITED TO U.S. $500.00.
Miscellaneous:
Certain Legal Requirements: AECWorkForce's performance of these terms and conditions
is subject to existing laws and legal process, and nothing contained in them will
diminish AECWorkForce's right to comply with law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by AECWorkForce
with respect to such use.
Agreement:
These terms represent the entire binding agreement between us, and our respective
successors and assigns, and supersede any and all prior understanding, statements
or representations, whether electronic, oral or written, regarding AECWorkForce,
its Site or the information thereon. 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 and subject
to the same conditions as other business documents and records originally generated
and maintained in printed form.
Certain Rights & Obligations; Modification:
AECWorkForce shall have the right to terminate your ability to access this service
at any time without notice and to discontinue or modify any of the information contained
on this service, or the service, at any time. AECWorkForce shall have the right
to modify these terms and conditions at any time. The user may not assign any part
of this Agreement without AECWorkForce's prior written consent. The user shall pay
any taxes, except for those based on AECWorkForce's annual net income. No waiver
of any obligation or right of either party shall be effective unless in writing,
executed by the party against whom it is being enforced.
Enforcement, Interpretation, etc:
These terms shall be governed by internal Massachusetts and relevant federal laws,
and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction
and venue for any action or dispute in the state and federal courts located in Massachusetts,
U.S.A. Use of this Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation this
paragraph. Notwithstanding the foregoing sentence, these terms shall be servable
and construed to the extent of their enforceability in light of the parties' mutual
intent if deemed at all unenforceable by a competent court. Given the nature of
these terms, you understand and agree that, in addition to money damages, AECWorkForce
will be entitled to equitable relief upon a breach of them by you. |