CANDIDATE TERMS OF USE
Welcome to the Candidate Terms of Use ("Terms of Use") for the Solutions
Point ("Web Site Owner") web site and services. These Terms of
Use describe the terms and conditions under which persons seeking employment
opportunities or any other individuals or entities accessing this web site ("you
" or "User") may access and use this web site or any of its services.
Please read these Terms of Use carefully. If you do not accept these Terms
of Use, do not use this web site or any of its services. By using this web
site or any of its services, you are indicating your acceptance of these Terms
of Use.
Web Site Owner may revise these Terms of Use at any time by posting the amended
terms and/or conditions on this web site. Any such amended terms and/or
conditions shall automatically be effective when they are posted on this web
site. You should review these Terms of Use periodically because they are
binding on you when you are accessing or using this web site or any of its
services. These Terms of Use were last revised on June 5, 2001
1. Eligibility for Membership. This web site
and the associated services are available only to individuals or entities that
can form legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to minors. If you do not
qualify, please do not use our services. Web Site Owner may refuse access
to our web site or services to anyone at any time, in our sole discretion.
2. Use of Material. Web Site Owner authorizes
the User to view and temporarily download a single copy of the materials (including
but not limited to documents, text, logos, HTML code, graphics, button icons,
sounds, audio clips, images, software and other items) that are made available
by Web Site Owner on this site (the "Materials") solely for your personal, non-commercial
use.
All Materials included on this site are the property of Web Site Owner or its
content suppliers and/or service providers and protected by U.S. and
international copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all Materials on this site and all software used on
this site is the property of Web Site Owner or its content suppliers and/or
service providers and protected by U.S. and international copyright laws.
Other than temporary downloads as necessary to access this site (which will only
be stored as long as is necessary for such access), the Materials on this site
may not be copied, distributed, downloaded, transmitted, modified, posted,
published, reproduced, reused, republished, reposted, uploaded, displayed, sold,
publicly performed or otherwise used without the express written permission of
Web Site Owner. The use of the Materials on any other web site or in a
networked computer environment is prohibited.
All product and service marks contained on this web site are the trademarks of
their respective owners and may not be used without the express consent of the
owner of the respective trademark.
In addition to violating these Terms of Use, unauthorized use of the Materials
may violate copyright, trademark, patent and other laws.
3. Permitted Use of Web Site. This web site
and the Materials included on this site (collectively, the "Site") may be used
only for lawful purposes by individuals, such as the User, seeking employment
and career information and entities seeking candidates for employment. 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 of Use. It is the User's responsibility to ensure that your
use of the Site complies with these Terms of Use and to seek prior, express
written permission from Web Site Owner for any uses not permitted or not
expressly specified in these Terms of Use.
4. Prohibited Uses of Web Site. In connection
with your use of the Site, you will not:
(a) Post, transmit, distribute, store, upload, or
destroy material (i) in violation of any applicable local, state, national, or
international law or regulation, or (ii) in a manner that will infringe the
copyright, trademark, trade secret, patent or other intellectual property rights
of others or violate the privacy, publicity or other personal rights of others.
(b) Post or transmit any message, information, data,
text, software or images, or other materials ("Content") that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, hateful, racially, ethnically or otherwise objectionable or that may
invade another's right of privacy or publicity.
(c) Impersonate any person or entity, including without
limitation a Web Site Owner employee or agent, an authorized user of the Site, a
job applicant, or an employer, or otherwise misrepresent your affiliation with
any person or entity.
(d) 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).
(e) Post any incomplete, false, or inaccurate
information or information that is not your own for use in seeking employment on
a full-time or part-time basis on your own behalf.
(f) Respond to any employment opportunity on
the Site for any reason other than to apply for the particular job.
Communications soliciting an employer's business by competitors of Web Site
Owner are prohibited.
(g) Delete or modify any material posted by any other
person or entity.
(h) Print out or otherwise copy or use any personally
identifiable information about candidates for employment other than you.
(i) Communicate, send, or place unsolicited
e-mail, telephone calls, mailings or other contacts to posting individuals and
entities.
(j) Register an e-mail address which you do
not own or do not have the express permission of the owner to register.
(k) Violate or attempt to violate the security or
integrity of the Site, including, without limitation:
(1) accessing data not intended for the User or logging into a
server or account which the User is not authorized to access;
(2) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization;
(3) attempting to interfere with service to any user, host or
network, including, without limitation, submitting a virus or corrupted data to
the Site, overloading, continuous posting of repetitive text, "flooding", "spamming
", "mailbombing" or "crashing";
(4) disclosing or sharing your password to/with any third
parties or using your password for any unauthorized purpose;
(5) attempting to decipher, decompile, disassemble or reverse
engineer any of the content or software comprising or in any way making up a
part of the Site;
(6) sending unsolicited advertising, promotional materials, e-mail,
"junk mail", "chain letters", or any other form of solicitation; or
(7) forging any TCP/IP packet header or any part of the header
information in any e-mail or posting.
Violations of Site, system or network security may result in civil or criminal
liability. Web Site Owner 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.
5. User Information. When you register to use the
Site, or when you sign up to use certain services, participate in an employment
exchange, enter into a contest or promotion, or complete a survey for internal
research, Web Site Owner collects some personal information. Information
that may be collected includes name, address, e-mail address, telephone number,
and, in the event you are submitting payment for a product or service, credit
card number. In addition to the terms and conditions of any privacy policy
on this Site, you understand and agree that Web Site Owner and its affiliates
and agents may access, use, and store this information indefinitely and may
collect and process the information in one or more databases maintained directly
or indirectly by Web Site Owner. In addition, you understand and agree
that Web Site Owner may disclose to third parties, on an anonymous basis,
certain aggregate information contained in your registration application as well
as other aggregate information collected about users of this Site, including
without limitation the pages users visit most frequently, the services users
access the most, and the links to Web Site Owner's partners that users most
often visit. Web Site Owner will not knowingly disclose to any third party
your name, address, e-mail address, telephone number, or credit card 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 or where Web Site Owner believes in good faith that the law requires
such disclosure. Web Site Owner uses its best efforts to protect your
personal information. However, you understand and agree that Web Site
Owner is not responsible or liable for the acquisition of your personal
information by third parties without Web Site Owner's knowledge and Web Site
Owner has no control over anything that occurs on servers not controlled by Web
Site Owner. Further, to the extent that you include your personal
information (including e-mail address) on any resume you submit or post to the
Site, Web Site Owner cannot control the use of such information by third-party
clients of Web Site Owner that obtain your resume from the Site or Web Site
Owner. Web Site Owner 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; any such offers will be made directly by Web Site
Owner and offers sent by Web Site Owner to your e-mail address may contain
advertisements. Please see the Privacy Statement on this Site for further
details regarding your information.
6. User Communications. You understand and agree
that in the event you communicate any information, feedback, data, questions,
comments, suggestions or other items to Web Site Owner regarding Web Site Owner,
the Site, or the services offered on the Site, any such communication shall be
deemed not to be confidential and shall become the property of Web Site Owner,
and Web Site Owner shall be free to reproduce, use, disclose and distribute such
communication to others, without limitation. You further understand and
agree that Web Site Owner shall also have the unrestricted right to use any
ideas, concepts, know-how, software, documentation, diagrams, drawings,
schematics or techniques contained in your communication in any manner and for
any purpose whatsoever, including without limitation, developing, manufacturing
and marketing products or providing services.
7. User Submissions. As a user of the
Site, you are responsible for your own communications and are responsible for
the consequences of their posting. Web Site Owner does not represent or
guarantee the truthfulness, accuracy, or reliability of any communications
posted by any user or endorse any opinions expressed by any user. You
acknowledge that any reliance on material posted by other users will be at your
own risk.
Web Site Owner has no obligation to screen communications in advance and is not
responsible for screening or monitoring material posted by any user. If
notified by a user of communications that allegedly do not conform to these
Terms of Use, Web Site Owner may investigate the allegation and determine in
good faith and in its sole discretion whether to remove or request the removal
of the communication. Web Site Owner is not liable or responsible to any
user for performance or nonperformance of such activities. Web Site Owner
reserves the right to expel any user and prevent their further access to the
Site for violating these Terms of Use or any law, and the right to remove
communications which are abusive, illegal, or disruptive.
You understand and agree that by submitting Content to any public area of the
Site, including any message boards, forums, contests and chat rooms, you grant
Web Site Owner and its affiliates the royalty-free, perpetual, irrevocable, 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 user to access, display, view, store and reproduce such
Content for personal use.
You understand and agree that by submitting information to Web Site Owner in the
form of audio, video, or photographs, whether submitted via the Site or
otherwise, such information may be published or distributed by Web Site Owner to
third-party clients and will be searchable and viewable by such third-party
clients of Web Site Owner. Web Site Owner uses its best efforts to grant
access to this information only to such clients. However, you understand
and agree that Web Site Owner is not responsible or liable if some other third
party evades security measures and gains access to such information. Web
Site Owner will cease publishing, distributing, or making available your
information to third-party clients upon receipt of a written request from you.
You understand and agree, however, that Web Site Owner's clients who have access
to such information may have retained a copy of the information in their own
files or databases. Web Site Owner is not responsible for the retention,
use, or privacy of your information in such instances.
8. Resumes. You understand and agree that you are
solely responsible for the form, content, and accuracy of any resume or material
contained therein submitted, uploaded, or otherwise posted by you on the Site.
You further understand and agree that by doing so, your resume will be
searchable and viewable by and may be forwarded, transmitted, or ported to third-party
clients of Web Site Owner (which may include recruiters and placement
consultants). Web Site Owner uses its best efforts to grant access to your
resume only to such clients. However, you understand and agree that Web
Site Owner is not responsible or liable if some other third party evades
security measures and gains access to your resume. You may remove or
request the removal of your resume from Web Site Owner's searchable database or
the Site or request that your resume not be forwarded at any time. You
understand and agree, however, that Web Site Owner's clients who have access to
the database or received your resume may have retained a copy of your resume in
their own files or databases. Web Site Owner is not responsible for the
retention, use, or privacy of resumes in such instances.
9. 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 or password, whether
or not authorized by you. You agree to immediately notify Web Site Owner
of any unauthorized use of your registration or password.
10. No Liability. The Site and the Materials may
contain inaccuracies or typographical errors. Web Site Owner makes no
representations about the accuracy, reliability, completeness, or timeliness of
the Site or the Materials, and use of the Site and the Materials is at your own
risk. Changes are periodically made to the Site and may be made at any
time by Web Site Owner.
You assume all risks associated with dealing with other users with whom you come
in contact through this Site, including without limitation, the risks of
physical harm, dealing with strangers, foreign nationals, underage persons, or
people acting under false pretenses. Web Site Owner cannot and does not
confirm that each user is who they claim to be.
Employment opportunity postings and listings, are the sole responsibility of the
entities associated with such postings and listings, which are third-party
clients of Web Site Owner. User acknowledges and agrees that Web Site
Owner makes no representations about and does not assume any responsibility or
liability for the accuracy, completeness, truthfulness, or timeliness of such
postings, including without limitation the existence and availability of any
such employment opportunities and the accuracy and truthfulness of any listed
employment opportunity descriptions and salaries.
Web Site Owner is not to be considered an employer with respect to your use of
the Site and Web Site Owner shall not be responsible for any employment
decisions made, for whatever reason, by any entity posting employment
opportunities or other information on the Site. In addition, nothing in
these Terms of Use shall be construed to guarantee employment for any user for
any particular period of time. Further, User acknowledges and agrees that
no joint venture, partnership, employment or agency relationship exists between
User and Web Site Owner as a result of these Terms of Use or your use of the
Site.
11. Equal Employment Opportunity. Web Site
Owner is committed to equal employment opportunity and our Terms of Use require
employer organizations to comply with applicable equal employment opportunity
laws.
12. Employment Exchanges. This Site may
include a service whereby Web Site Owner's third-party clients can place bids
for the employment of certain candidates for employment. In addition to
the other terms and conditions of these Terms of Use, to the extent that you
participate as a candidate in such an exchange, User acknowledges and agrees to
the following:
(a) Web Site Owner makes no representations about and
does not assume any responsibility or liability for the existence and
availability of any employment opportunities with the bidding entities, or any
such entity's ability and willingness to hire you.
(b) Web Site Owner does not participate in, has no
control over, and does not assume any responsibility or liability for any
transaction between the User and a bidding entity, including without limitation
the truth or accuracy of employment opportunity listings and the ability and
willingness of a bidding entity to complete an employment transaction with the
User and pay the bid amount.
(c) USER HEREBY RELEASES WEB SITE OWNER, ITS CONTENT
SUPPLIERS AND SERVICE PROVIDERS, ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND AFFILIATES, FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH LISTINGS, BIDS, UNCOMPLETED OR COMPLETED TRANSACTIONS, OR POSITIONS OF
EMPLOYMENT OFFERED OR ACTUALLY ACCEPTED. IF YOU ARE A CALIFORNIA RESIDENT,
YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "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."
13. Employability. In the event that User
obtains an offer for employment from Web Site Owner or a Web Site Owner third-party
client through use of this Site, including without limitation through an
employment exchange, User may be required as conditions of employment to: (i)
provide certain information to the potential employer, including without
limitation a job application, I-9 Employment Eligibility Verification form, W-4
form, and forms related to benefit selection; and (ii) authorize the potential
employer to verify to its satisfaction certain background information, including
without limitation personal employment history, credit history, and criminal
background.
14. Third-Party Products. THIS SITE CONTAINS
THIRD-PARTY PRODUCTS AND SERVICES. THE MENTION OF THIRD PARTIES AND/OR
INCLUSION OF THEIR RESPECTIVE PRODUCTS OR SERVICES IS NEITHER A RECOMMENDATION
NOR AN ENDORSEMENT OF SUCH THIRD PARTIES OR THEIR PRODUCTS. ALL THIRD-PARTY
PRODUCTS MUST BE ORDERED DIRECTLY FROM SUCH THIRD PARTIES OR THEIR
REPRESENTATIVES AND ALL LICENSES AND WARRANTIES RELATING TO SUCH THIRD-PARTY
PRODUCTS, IF ANY, ARE BETWEEN YOU AND SUCH THIRD PARTY. WEB SITE OWNER AND
ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE CONTENTS
OF ANY THIRD-PARTY PRODUCT OR SERVICE AND MAKE NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS OR DATA
CONTAINED IN ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES.
15. Links to Third-Party Sites.
THIS SITE CONTAINS LINKS TO THIRD-PARTY WEB SITES. THESE LINKS ARE
PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK TO A
THIRD-PARTY SITE DOES NOT IMPLY ENDORSEMENT BY WEB SITE OWNER OF SUCH THIRD-PARTY
SITE OR THE CONTENTS THEREOF. WEB SITE OWNER IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED THIRD-PARTY SITE OR ANY LINK CONTAINED IN SUCH LINKED
THIRD-PARTY SITE, AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE CONTENTS OR ACCURACY OF MATERIALS ON SUCH THIRD-PARTY SITES.
IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.
16. Disclaimer and Limitation of Liability.
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 WEB SITE OWNER, ITS
AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE
ANY WARRANTY. WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE
PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SYSTEM OR
ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIALS ACCESSIBLE FROM THE SYSTEM IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE
AGAINST WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS FOR ANY
ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN
ANYTHING YOU POST ON THIS SITE. WEB SITE OWNER MAKES NO WARRANTIES
WHATSOEVER THAT YOU WILL OBTAIN ANY EMPLOYMENT VIA THIS SITE, NOR ANY WARRANTIES
ABOUT (AND TAKES NO RESPONSIBILITY FOR) ANY EMPLOYMENT YOU MAY OBTAIN.
WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS DO NOT ASSUME ANY
LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY,
TIMELINESS, TRUTHFULNESS, OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS,
PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THIS SITE OR ANY OTHER
MATERIALS ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL WEB SITE OWNER AND
ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS 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 SITE,
THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE), EVEN IF WEB SITE OWNER 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 WEB
SITE OWNER'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES FOR ALL CLAIMS
ARISING FROM THE USE OF THE SITE OR THE MATERIALS SHALL BE LIMITED TO U.S. $100.00.
17. Termination. Web Site Owner reserves
the right, at its sole discretion, to pursue all of its legal remedies,
including without limitation, deletion of your postings from this Site or
immediate termination of your registration with or ability to access the Site
and/or any other service provided to you by Web Site Owner, upon any breach by
you of these Terms of Use or if Web Site Owner is unable to verify or
authenticate any information you submit to this Site.
18. Indemnity. User agrees to
defend, indemnify, and hold harmless Web Site Owner, its content suppliers and
service providers, and its and their officers, directors, employees, agents, and
affiliates from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from your
use of the Site or the Materials or your breach of these Terms of Use. Web
Site Owner 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.
19. General. Web Site Owner and its
content suppliers and service providers make no representation that the Site or
the Materials are appropriate or available for use in other jurisdictions, and
access to them from jurisdictions where its contents are illegal or prohibited.
Those who choose to access the Site from other jurisdictions do so on their own
initiative and are responsible for compliance with applicable local laws.
You may not use or export the Materials in violation of U.S. export laws and
regulations. Any claim relating to the Site or the Materials shall be
governed by the substantive laws of the State of Colorado, U.S.A., without
giving effect to any principles of conflicts of laws, and without reference to
the 1980 United Nations Convention On The International Sale Of Goods.
User and Web Site Owner hereby consent to the exclusive jurisdiction and venue
for any action or dispute arising under these Terms Of Use in the state or
federal courts located in [county, state], U.S.A. If any provision of
these Terms of Use 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 these Terms of Use, which shall remain in full force
and effect. No waiver of any term of these Terms of Use shall be deemed a
further or continuing waiver of such term or any other term. Except as
expressly provided in a particular "Legal Notice," software license, or
additional terms of use on particular pages or services on the Site or linked to
the site, to which you agree to be bound, these Terms of Use constitute the
entire agreement between you and Web Site Owner with respect to the use of the
Site. No changes to these Terms of Use shall be made except by a revised
posting on this page. Except as expressly provided herein, nothing in the
Materials or on this Site confers or is to be construed as conferring, whether
by implication, or otherwise, any license or right under any patent, copyright,
trademark or other right of Web Site Owner or any third party. Any and all
rights not expressly granted herein are reserved by Web Site Owner.
Welcome to the Organization Terms of Use ("Terms of Use") for the Solutions
Point ("Web Site Owner") web site and services. These Terms of
Use describe the terms and conditions under which third-party clients of Web
Site Owner ("you" or "Organization") may access and use the solutionspoint.com
web site and services.
Please read these Terms of Use carefully. If you do not accept these Terms
of Use, do not use the solutionspoint.com web site and services.
By using this web site or any of its services, you are indicating your
acceptance of these Terms of Use.
Web Site Owner may revise these Terms of Use at any time by posting the amended
terms and/or conditions on this web site. Any such amended terms and/or
conditions shall automatically be effective when they are posted on this web
site. You should review these Terms of Use periodically because they are
binding on you when you are accessing or using this web site or any of its
services. These Terms of Use were last revised on June 5 2001.
1. Eligibility for Membership. This web site and the
associated services are available only to entities that can form legally binding
contracts under applicable law. As a condition for use of this web site
and the associated services, Organization may be required to provide Web Site
Owner with a Federal tax identification number, Dun & Bradstreet identification
number, and/or any additional information requested by Web Site Owner.
Further, Organization may be required to enter into additional agreements with
Web Site Owner, including without limitation an agreement regarding fees to be
paid by Organization for use of Web Site Owner's services. If you do not
qualify, please do not use our web site or services. Web Site Owner may
refuse our access to our web site or services to anyone at any time, in our sole
discretion.
2. Use of Material. Web Site Owner authorizes
Organization to view and temporarily download a single copy of the materials (including
but not limited to documents, text, logos, HTML code, graphics, button icons,
sounds, audio clips, images, software and other items) that are made available
by Web Site Owner on this site (the "Materials").
All Materials included on this site are the property of Web Site Owner or its
content suppliers and/or service providers and protected by U.S. and
international copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all Materials on this site and all software used on
this site is the property of Web Site Owner or its content suppliers and/or
service providers and protected by U.S. and international copyright laws.
Other than temporary downloads as necessary to access this site (which will only
be stored as long as is necessary for such access), the Materials on this site
may not be copied, distributed, downloaded, transmitted, modified, posted,
published, reproduced, reused, republished, reposted, uploaded, displayed, sold,
publicly performed or otherwise used without the express written permission of
Web Site Owner. The use of the Materials on any other web site or in a
networked computer environment is prohibited.
All product and service marks contained on this web site are the trademarks of
their respective owners and may not be used without the express consent of the
owner of the respective trademark.
In addition to violating these Terms of Use, unauthorized use of the Materials
may violate copyright, trademark, patent and other laws.
3. Permitted Use of Web Site. This web site
and the Materials included on this site (collectively, the "Site") may be used
only for lawful purposes by individuals seeking employment and career
information and entities, such as Organization, seeking candidates for
employment. 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 of Use. It is Organization's
responsibility to ensure that your use of the Site complies with these Terms of
Use and to seek prior, express written permission from Web Site Owner for any
uses not permitted or not expressly specified in these Terms of Use.
4. Prohibited Uses of Web Site. In connection with
your use of the Site, you will not:
(a) Post, transmit, distribute, store, upload, or
destroy material (i) in violation of any applicable local, state, national, or
international law or regulation, or (ii) in a manner that will infringe the
copyright, trademark, trade secret, patent or other intellectual property rights
of others or violate the privacy, publicity or other personal rights of others.
(b) Post or transmit any message, information, data,
text, software or images, or other materials ("Content") that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, hateful, racially, ethnically or otherwise objectionable or that may
invade another's right of privacy or publicity.
(c) Impersonate any person or entity, including without
limitation a Web Site Owner employee or agent, an authorized user of the Site, a
job applicant, or an employer, or otherwise misrepresent your affiliation with
any person or entity.
(d) 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).
(e) Post any incomplete, false, or inaccurate
information regarding an employer or available employment opportunities, or
information that is not an accurate description of an employer's business or
company for use in describing available employment opportunities.
(f) Delete or modify any material posted by
any other person or entity.
(g) Print out or otherwise copy or use any personally
identifiable information about candidates for purposes other than consideration
of the candidates for potential employment.
(h) Communicate, send, or place unsolicited e-mail,
telephone calls, mailings or other contacts to posting individuals or entities.
(i) Register an e-mail address that you do
not own or do not have the express permission of the owner to register.
(j) Violate or attempt to violate the
security or integrity of the Site, including, without limitation:
(1) accessing data not intended for Organization or logging
into a server or account which Organization is not authorized to access;
(2) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization;
(3) attempting to interfere with service to any user, host or
network, including, without limitation, submitting a virus or corrupted data to
the Site, overloading, continuous posting of repetitive text, "flooding", "spamming
", "mailbombing" or "crashing";
(4) disclosing or sharing your password to/with any third
parties or using your password for any unauthorized purpose;
(5) attempting to decipher, decompile, disassemble or reverse
engineer any of the content or software comprising or in any way making up a
part of the Site;
(6) sending unsolicited advertising, promotional materials, e-mail,
"junk mail", "chain letters", or any other form of solicitation; or
(7) forging any TCP/IP packet header or any part of the header
information in any e-mail or posting.
Violations of Site, system or network security may result in civil or criminal
liability. Web Site Owner 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.
5. Organization Information. When you
register to use the Site, or when you sign up to use certain services,
participate in an employment exchange, enter into a contest or promotion, or
complete a survey for internal research, Web Site Owner collects some personal
information. Information that may be collected includes name, address, e-mail
address, telephone number, and, in the event you are submitting payment for a
product or service, credit card number. In addition to the terms and
conditions of any privacy policy on this Site, you understand and agree that Web
Site Owner and its affiliates and agents may access, use, and store this
information indefinitely and may collect and process the information in one or
more databases maintained directly or indirectly by Web Site Owner. In
addition, you understand and agree that Web Site Owner may disclose to third
parties, on an anonymous basis, certain aggregate information contained in your
registration application as well as other aggregate information collected about
users of this Site, including without limitation the pages users visit most
frequently, the services users access the most, and the links to Web Site Owner's
partners that users most often visit. Web Site Owner will not knowingly
disclose to any third party your name, address, e-mail address, telephone number,
or credit card 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 or where Web Site Owner believes in good faith that the
law requires such disclosure. Web Site Owner uses its best efforts to
protect your personal information. However, you understand and agree that
Web Site Owner is not responsible or liable for the acquisition of your personal
information by third parties without Web Site Owner's knowledge and Web Site
Owner has no control over anything that occurs on servers not controlled by Web
Site Owner. Web Site Owner 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; any such offers will be made directly
by Web Site Owner and offers sent by Web Site Owner to your e-mail address may
contain advertisements. Please see the Privacy Statement on this Site for
further details regarding your information.
6. Organization Communications. You
understand and agree that in the event you communicate any information, feedback,
data, questions, comments, suggestions or other items to Web Site Owner
regarding Web Site Owner, the Site, or the services offered on the Site, any
such communication shall be deemed not to be confidential and shall become the
property of Web Site Owner, and Web Site Owner shall be free to reproduce, use,
disclose and distribute such communication to others, without limitation.
You further understand and agree that Web Site Owner shall also have the
unrestricted right to use any ideas, concepts, know-how, software, documentation,
diagrams, drawings, schematics or techniques contained in your communication in
any manner and for any purpose whatsoever, including without limitation,
developing, manufacturing and marketing products or providing services.
7. Organization Submissions. As a user
of the Site, you are responsible for your own communications and are responsible
for the consequences of their posting. Web Site Owner does not represent
or guarantee the truthfulness, accuracy, or reliability of any communications
posted by any user or endorse any opinions expressed by any user. You
acknowledge that any reliance on material posted by other users will be at your
own risk.
Web Site Owner has no obligation to screen communications in advance and is not
responsible for screening or monitoring material posted by any user. If
notified by a user of communications that allegedly do not conform to these
Terms of Use, Web Site Owner may investigate the allegation and determine in
good faith and in its sole discretion whether to remove or request the removal
of the communication. Web Site Owner is not liable or responsible to any
user for performance or nonperformance of such activities. Web Site Owner
reserves the right to expel any user and prevent their further access to the
Site for violating these Terms of Use or any law, and the right to remove
communications which are abusive, illegal, or disruptive.
You understand and agree that by submitting Content to any public area of the
Site, including any message boards, forums, contests and chat rooms, you grant
Web Site Owner and its affiliates the royalty-free, perpetual, irrevocable, 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 user to access, display, view, store and reproduce such
Content for personal use.
You understand and agree that by submitting information to Web Site Owner in the
form of audio, video, or photographs, whether submitted via the Site or
otherwise, such information may be published or distributed by Web Site Owner to
registered users of the Site and will be searchable and viewable by such
registered users. Web Site Owner uses its best efforts to grant access to
this information only to such registered users. However, you understand
and agree that Web Site Owner is not responsible or liable if some other third
party evades security measures and gains access to such information. Web
Site Owner will cease publishing, distributing, or making available your
information to registered users upon receipt of a written request from you. You
understand and agree, however, that registered users who have access to such
information may have retained a copy of the information in their own files or
databases. Web Site Owner is not responsible for the retention, use, or
privacy of your information in such instances.
8. Employment Opportunity Postings. You
understand and agree that you are solely responsible for the form, content, and
accuracy of any description of employment opportunities or material contained
therein submitted, uploaded, or otherwise posted by you on the Site. You
further understand and agree that your employment opportunity postings will be
searchable, viewable, and printable by registered users of the Site. Web
Site Owner uses its best efforts to grant access to such postings only to such
registered users. However, you understand and agree that Web Site Owner is
not responsible or liable if some other third party evades security measures and
gains access to the database, and, subsequently, your employment opportunity
postings. You may remove or request the removal of your employment
opportunity postings from Web Site Owner's searchable database or the Site at
any time. You understand and agree, however, that registered users who
have accessüto the database may have retained a copy of the postings in their
own files or databases. Web Site Owner is not responsible for the
retention, use, or privacy of your postings in such instances.
9. Equal Employment Opportunity. Web Site
Owner is committed to equal employment opportunity. Organization agrees
that, in using the Site or information obtained through the Site, it will
recruit, consider and select candidates for employment without regard to their
race, color, religion, sex, national origin, age, protected disability, or other
protected characteristic. Web Site Owner may terminate Organization's
registration and access to the Site if Organization fails to comply with all
applicable laws and regulations regarding equal employment opportunity.
Further, Organization agrees to fully defend, indemnify, and hold harmless Web
Site Owner, its officers, directors, employees, agents, and affiliates from and
against any claims, actions or demands by any person, entity, or government
agency or authority that Web Site Owner engaged or participated in
discrimination based upon actions taken or decisions made by Organization in
hiring or selecting candidates from the Site (including reimbursement of
attorneys' fees and costs incurred by Web Site Owner in defending such claims).
In addition, Organization agrees to use employment opportunity postings that are
non-discriminatory and that comply with federal, state, and local employment
laws.
10. 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 or password, whether
or not authorized by you. You agree to immediately notify Web Site Owner
of any unauthorized use of your registration or password.
11. No Liability. The Site and the
Materials may contain inaccuracies or typographical errors. Web Site Owner
makes no representations about the accuracy, reliability, completeness, or
timeliness of the Site or the Materials, and use of the Site and the Materials
is at your own risk. Changes are periodically made to the Site and may be
made at any time by Web Site Owner.
You assume all risks associated with dealing with other users with whom you come
in contact through this Site, including without limitation, the risks of
physical harm, dealing with strangers, foreign nationals, underage persons, or
people acting under false pretenses. Web Site Owner cannot and does not
confirm that each user is who they claim to be.
Posted resumes and other candidate descriptions, information, and materials are
the sole responsibility of the candidates who make such postings.
Organization acknowledges and agrees that Web Site Owner makes no
representations about and does not assume any responsibility or liability for
the accuracy, completeness, truthfulness, or timeliness of such postings,
including without limitation the existence and availability of any such
candidates and the accuracy and truthfulness of any posted resumes, candidate
descriptions, or other candidate information.
Web Site Owner shall not be responsible for any employment decisions made, for
whatever reason, by any candidate for employment or user posting a resume or
other information on the Site. Further, Organization acknowledges and
agrees that no joint venture, partnership, employment or agency relationship
exists between Organization and Web Site Owner as a result of these Terms of Use
or your use of the Site.
12. Employment Exchanges. This Site may
include a service whereby Web Site Owner third-party clients, such as
Organization, can place bids for the employment of certain candidates for
employment. In addition to the other terms and conditions of these Terms
of Use, tüo the extent that you participate in such an exchange,
Organization acknowledges and agrees to the following:
(a) Web Site Owner makes nüo representations abou&üuuml;üt
and does not assume any responsibility or liability for the existence and
availability of any candidates for employment opportunities with the bidding
entities, or any such candidate's ability and willingness to accept any position
of employment.
(b) Web Site Owner does not participate in, has no
control over, and does not assume any responsibility or liability for any
transaction between a candidate for employment and Organization, including
without limitation the truth or accuracy of candidate resumes and information
and the ability and willingness of a bidding en, tity to complete a, n
employment tra, nsaction with Organization and accept a position of employment.
(c) ORGANIZATION HEREBY RELEASES WEB SITE OWNER, ITS
CONT, ENT SUPPLIERS AND SERVICE PROVIDERS, ITS AND THEIR OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND AFFILIATES, FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL
AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND , UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH LISTINGS, BIDS, UNCOMPLETED OR COMPLETED TRANSACTIONS, OR POSITIONS OF
EMPLOYMENT OFFERED OR ACTUALLY ACCEPTED. IF YOU ARE A CALIFORNIA RESIDENT,
YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "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."
13. Third-Party Products. THIS SITE CONTAINS
THIRD-PARTY PRODUCTS AND SERVICES. THE MENTION OF THIRD PARTIES AND/OR
INCLUSION OF THEIR RESPECTIVE PRODUCTS OR SERVICES IS NEITHER A RECOMMENDATION
NOR AN ENDORSEMENT OF SUCH THIRD PARTIES OR THEIR PRODUCTS. ALL THIRD-PARTY
PRODUCTS MUST BE ORDERED DIRECTLY FROM SUCH THIRD PARTIES OR THEIR
REPRESENTATIVES AND ALL LICENSES AND WARRANTIES RELATING TO SUCH THIRD-PARTY
PRODUCTS, IF ANY, ARE BETWEEN YOU AND SUCH THIRD PARTY. WEB SITE OWNER AND
ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE CONTENTS
OF ANY THIRD-PARTY PRODUCT OR SERVICE AND MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS OR DATA
CONTAINED IN ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES.
14. Links to Third-Party Sites. THIS SITE
CONTAINS LINKS TO THIRD-PARTY WEB SITES. THESE LINKS ARE PROVIDED SOLELY
AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK TO A THIRD-PARTY SITE
DOES NOT IMPLY ENDORSEMENT BY WEB SITE OWNER OF SUCH THIRD-PARTY SITE OR THE
CONTENTS THEREOF. WEB SITE OWNER IS NOT RESPONSIBLE FOR THE CONTENTS OF
ANY LINKED THIRD-PARTY SITE OR ANY LINK CONTAINED IN SUCH LINKED THIRD-PARTY
SITE, AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING
THE CONTENTS OR ACCURACY OF MATERIALS ON SUCH THIRD-PARTY SITES. IF YOU
DECIDE TO ACCESS LINKED THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.
15. Disclaimer and Limitation of Liability.
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 WEB SITE OWNER, ITS
AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE
ANY WARRANTY. WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE
PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SYSTEM OR
ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIALS ACCESSIBLE FROM THE SYSTEM IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE
AGAINST WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS FOR ANY
ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN
ANYTHING YOU POST ON THIS SITE. WEB SITE OWNER MAKES NO WARRANTIES
WHATSOEVER THAT YOU WILL HIRE ANY EMPLOYEES VIA THIS SITE, NOR ANY WARRANTIES
ABOUT (AND TAKES NO RESPONSIBILITY FOR) ANY EMPLOYEES YOU MAY HIRE.
WEB SITE OWNER AND ITS CONTENT SUPPLIERS AND SERVICE PROVIDERS DO NOT ASSUME ANY
LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY,
TIMELINESS, TRUTHFULNESS, OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS,
PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THIS SITE OR ANY OTHER
MATERIALS ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL WEB SITE OWNER AND ITS
CONTENT SUPPLIERS AND SERVICE PROVIDERS 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 SITE,
THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE), EVEN IF WEB SITE OWNER 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 WEB
SITE OWNER'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES FOR ALL CLAIMS
ARISING FROM THE USE OF THE SITE OR THE MATERIALS SHALL BE LIMITED TO U.S. $100.00.
16. Termination. Web Site Owner reserves the right,
at its sole discretion, to pursue all of its legal remedies, including without
limitation, deletion of your postings from this Site or immediate termination of
your registration with or ability to access the Site and/or any other service
provided to you by Web Site Owner, upon any breach by you of these Terms of Use
or if Web Site Owner is unable to verify or authenticate any information you
submit to this Site.
17. Indemnity. Organization agrees to
defend, indemnify, and hold harmless Web Site Owner, its content suppliers and
service providers, and its and their officers, directors, employees, agents, and
affiliates from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from your
use of the Site or the Materials or your breach of these Terms of Use. Web
Site Owner 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.
18. General. Web Site Owner and its content
suppliers and service providers make no representation that the Site or the
Materials are appropriate or available for use in other jurisdictions, and
access to them from jurisdictions where its contents are illegal or prohibited.
Those who choose to access the Site from other jurisdictions do so on their own
initiative and are responsible for compliance with applicable local laws.
You may not use or export the Materials in violation of U.S. export laws and
regulations. Any claim relating to the Site or the Materials shall be
governed by the substantive laws of the State of Colorado, U.S.A., without
giving effect to any principles of conflicts of laws, and without reference to
the 1980 United Nations Convention On The International Sale Of Goods.
Organization and Web Site Owner hereby consent to the exclusive jurisdiction and
venue for any action or dispute arising under these Terms of Use in the state or
federal courts located in [county, state], U.S.A. If any provision of
these Terms of Use 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 these Terms of Use, which shall remain in full force
and effect. No waiver of any term of these Terms of Use shall be deemed a
further or continuing waiver of such term or any other term. Except as
expressly provided in a particular "Legal Notice," software license, or
additional terms of use on particular pages or services on the Site or linked to
the site, to which you agree to be bound, these Terms of Use constitute the
entire agreement between you and Web Site Owner with respect to the use of the
Site. No changes to these Terms of Use shall be made except by a revised
posting on this page. Except as expressly provided herein, nothing in the
Materials or on this Site confers or is to be construed as conferring, whether
by implication, or otherwise, any license or right under any patent, copyright,
trademark or other right of Web Site Owner or any third party. Any and all
rights not expressly granted herein are reserved by Web Site Owner.
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