These "Terms and Conditions"
govern your use of DiversityWorking.com and Workhire.com . They
also provide notice of some of DiversityWorking.com and Workhire.com
's policies. Please read these carefully.
If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by these Terms and Conditions. DiversityWorking.com and Workhire.com , Ltd. may revise these Terms and Conditions at any time at its sole discretion by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
USE OF MATERIAL.
DiversityWorking.com and Workhire.com
authorizes you to view and download a single copy of the material
on DiversityWorking.com and Workhire.com (the "Web Site") solely
for your personal, noncommercial use.
The contents of this Web Site, such as the "look" and "feel" of the Web Site, text, graphics, images, logos, button icons, software and other "Material", are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of DiversityWorking.com and Workhire.com or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of DiversityWorking.com and Workhire.com and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark 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 or other code that DiversityWorking.com and Workhire.com creates to generate its pages. It is also protected by DiversityWorking.com and Workhire.com 's copyright.
ACCEPTABLE SITE USE.
General Rules: Users may not use the
Web Site in order to transmit, distribute, store or destroy material
(a) in violation of any applicable law or regulation, (b) in a
manner that will infringe the patent, copyright, trademark, trade
secret or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others, or
(c) that is harmful, defamatory, libelous, vulgar, obscene, threatening,
abusive, harassing, tortious, hateful or otherwise objectionable.
STANDARDS FOR INTERNET CONDUCT/ACCEPTABLE
In connection with your use of the Web Site, you will not:
- 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.
- Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortious otherwise objectionable or that may invade another's right of privacy or publicity.
- Impersonate any person or entity, including without limitation a DiversityWorking.com and Workhire.com employee or agent, an authorized user of DiversityWorking.com and Workhire.com 's services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
- 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 or the resume of an individual other than yourself).
- Delete or modify any material posted by any other person or entity not related to you.
- Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
- Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
- Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
or attempt to violate the security of the Web Site, including,
- accessing data not intended for such user or logging into a server or account that the user is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing";
- sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security
may result in civil or criminal liability. DiversityWorking.com
and Workhire.com 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.
SPECIFIC PROHIBITED USES.
The Web Site may be used only for lawful
purposes by individuals seeking employment and career information
and DiversityWorking.com and Workhire.com member companies seeking
to hire employees and manage relationships with their placement
vendors. DiversityWorking.com and Workhire.com specifically prohibits
any use of the Web Site, and all users agree not to use the Web
Site, for any of the following:
Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise. YOU MAY NOT SPAM OUR MEMBER COMPANIES OR CANDIDATES WHOSE RESUMES APPEAR ON THE WEB SITE. YOU MAY NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON BEHALF OF YOURSELF. RECRUITERS AT A MEMBER COMPANY MAY NOT USE ALLOCATED JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS AT THE MEMBER COMPANY.
- Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume that you have posted for the purpose of seeking job opportunities for yourself (living individual seeking employment on a full-time or part-time basis on his or her own behalf). Recruiters representing candidates may not send that candidate's resume in response to a job posting.
- Posting 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) or requires recruitment of others including, but not limited to, members, sub-distributors or sub-agents
- Deleting or revising any material posted by any other person or entity.
- Using 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 site.
- Taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
- YOU HAVE A PASSWORD ALLOWING ACCESS TO A NON-PUBLIC AREA OF THIS WEB SITE, DISCLOSING TO OR SHARING YOUR PASSWORD WITH ANY OTHER PERSON OR ENTITY OR USING YOUR PASSWORD FOR ANY UNAUTHORIZED PURPOSE.
- Notwithstanding anything to the contrary contained herein, using or attempting 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 DiversityWorking.com and Workhire.com on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
- Framing of or linking to any of the materials or information available from the Web Site.
USE OF SECURE AREA AND PASSWORD.
Use of any password-protected area
of the web site is restricted to the registered user who has been
given permission and a password to enter such area. This password
cannot be distributed to others, and the registered user is responsible
for any and all damages to DiversityWorking.com and Workhire.com
resulting from the distribution of his or her password. You are
responsible for maintaining the confidentiality of your information
You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify DiversityWorking.com and Workhire.com of any unauthorized use of your registration or password.
In addition to the terms and conditions
you understand and agree that DiversityWorking.com and Workhire.com
may disclose to third parties, on an anonymous basis, certain
aggregate information resulting from information that you place
on the Web Site. DiversityWorking.com and Workhire.com reserves
the right to offer third party services and products to you based
on the preferences that you identify; such offers may be made
by DiversityWorking.com and Workhire.com or by third parties.
for further details regarding your information.
In connection with your use of the
vendor management tools (Agency Exchange), DiversityWorking.com
and Workhire.com has not undertaken to act as the representative
of either Placement Specialists or Member Companies. DiversityWorking.com
and Workhire.com will not act as an advocate of any Placement
Specialist in its dealings with Member Companies or candidates.
Placement Specialists are responsible for negotiating all financial
arrangements directly with Member Companies, and to seek all remedies
and redress directly from the Member Company in the event of any
dispute with respect to the placement of a candidate. Member Companies
understand that when dealing with Placement Specialists through
the Web Site and the Agency Exchange service, such member company
will be responsible to such Placement Specialist for the fees
charged by such Placement Specialist in connection with such placement.
As a user, you are responsible for
your own communications and are responsible for the consequences
of their posting. You must not, and by using this Web Site you
agree not to, do the following things: post the resume of anyone
other than yourself, post material that is copyrighted, unless
you are the copyright owner or have the permission of the copyright
owner to post it; delete any author attributions, legal notices
or proprietary designation or labels that you upload; post material
that reveals trade secrets, unless you own them or have the permission
of the owner or otherwise post or transmit any material that you
do not have a right to reproduce, display or transmit under any
law or under contractual or fiduciary relationships (such as material
protected by a nondisclosure agreement); post material that infringes
on any other intellectual property rights of others or on the
privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity; post a sexually-explicit
image or statement; post advertisements or solicitations of business,
post chain letters or pyramid schemes; impersonate another person;
or post material that contains viruses, corrupted data, Trojan
horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or information.
DiversityWorking.com and Workhire.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
DiversityWorking.com and Workhire.com acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, DiversityWorking.com and Workhire.com may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. DiversityWorking.com and Workhire.com has no liability or responsibility to users for performance or nonperformance of such activities. DiversityWorking.com and Workhire.com reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. DiversityWorking.com and Workhire.com may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for DiversityWorking.com and Workhire.com or may cause DiversityWorking.com and Workhire.com to lose (in whole or in part) the services of its ISPs or other suppliers. .
By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant DiversityWorking.com and Workhire.com and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), 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 subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
diversityworking.COM AND WORKHIRE.COM
DiversityWorking.com and Workhire.com
is only a venue. This Web Site acts as a venue for (i) companies
to post job opportunities and to interact with their placement
vendors and (ii) for candidates to post their own resumes for
the purpose of evaluating job opportunities for themselves. DiversityWorking.com
and Workhire.com does not screen or censor the profiles or other
information. DiversityWorking.com and Workhire.com is not involved
in the actual transaction between Member Companies and their vendors
or companies and candidates. As a result, DiversityWorking.com
and Workhire.com 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 companies 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 the Web Site.
Because user authentication on the Internet is difficult, DiversityWorking.com
and Workhire.com cannot and does not confirm that each user is
who they claim to be. Because we do not and cannot be involved
in user-to-user dealings or control the behavior of participants
on DiversityWorking.com and Workhire.com , in the event that you
have a dispute with one or more users, you release DiversityWorking.com
and Workhire.com (and our agents and employees) from claims, demands
and damages (actual and consequential, direct and indirect) of
every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive
California Civil Code Section 1542, which says: "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."
We are under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. DiversityWorking.com and Workhire.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or 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.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site. Companies are solely responsible for their postings on the Web Site.
DiversityWorking.com and Workhire.com does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user.
DiversityWorking.com and Workhire.com is not to be considered to be an employer with respect to your use of the Web Site and DiversityWorking.com and Workhire.com shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs or candidate profiles on the Web Site.
Diversityworking.COM AND WORKHIRE.COM 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, diversityworking.COM AND WORKHIRE.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. diversityworking.COM AND WORKHIRE.COM , TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. diversityworking.COM AND WORKHIRE.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL diversityworking.COM
AND WORKHIRE.COM , ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, 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 diversityworking.COM AND WORKHIRE.COM
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 not as an endorsement by DiversityWorking.com and Workhire.com
of the contents on such third-party Web sites. DiversityWorking.com
and Workhire.com is not responsible for the content of linked
third-party sites and does not make any representations regarding
the content or accuracy of materials on such third party Web sites.
If you decide to access linked third party Web sites, you do so
at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL
You agree not to resell or assign your
rights or obligations under these Term and Conditions. You also
agree not to make any unauthorized commercial use of the Web Site.
LIMITATION OF LIABILITY.
The aggregate liability for DiversityWorking.com and Workhire.com to you for all claims arising from the use of
the Materials is limited to $100.
DiversityWorking.com and Workhire.com
reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of your
information from this Web Site and immediate termination of your
registration with or ability to access the Web Site and/or any
other service provided to you by DiversityWorking.com and Workhire.com
, upon any breach by you of these Terms and Conditions or if DiversityWorking.com
and Workhire.com is unable to verify or authenticate any information
you submit to the Web Site registration with or ability to access
the Web Site.
You agree to defend, indemnify, and
hold harmless DiversityWorking.com and Workhire.com , its officers,
directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from your use of the
Material or your breach of the terms of these Terms and Conditions.
DiversityWorking.com and Workhire.com 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
DiversityWorking.com and Workhire.com
makes no claims that the Materials may be lawfully viewed or downloaded
outside of the United States. Access to the Materials 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. These Terms and Conditions are governed by the internal
substantive laws of the State of New York, without respect to
its conflict of laws principles. Jurisdiction for any claims arising
under this agreement shall lie exclusively with the state or federal
courts within New York County, New York. If any provision of these
Terms and Conditions are 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
and Conditions, which shall remain in full force and effect. No
waiver of any term of these Terms and Conditions shall be deemed
a further or continuing waiver of such term or any other term.
Except as expressly provided in the Terms and Services, additional
or Software License or material on particular Web pages, these
Terms and Conditions constitute the entire agreement between you
and DiversityWorking.com and Workhire.com with respect to the
use of Web Site. No changes to these Terms and Conditions shall
be made except by a revised posting on this page.
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