Use of PROACTEL Talent Solutions Content
The Company authorizes You to view and access a single copy of the content available on or from PROACTEL Talent Solutions solely for your personal use. The contents of PROACTEL Talent Solutions, and of all other websites under the Company’s control, whether partial or otherwise (PROACTEL Talent Solutions and such other websites are sometimes collectively referred to as “PROACTEL Sites”) such as text, graphics, images, logos, button icons, software and other PROACTEL Talent Solutions Content (collectively, “PROACTEL Talent Solutions Content”), are protected under both United States and foreign copyright, trademark and other laws. All PROACTEL Talent Solutions Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the PROACTEL Talent Solutions Sites are the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the PROACTEL Talent Solutions Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original PROACTEL Talent Solutions Content on any copy You make of the PROACTEL Talent Solutions Content. You may not sell or modify the PROACTEL Talent Solutions Content or reproduce, display, publicly perform, distribute, or otherwise use the PROACTEL Talent Solutions Content in any way for any public or commercial purpose. The use of the PROACTEL Talent Solutions Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any PROACTEL Talent Solutions Content or the pages making up any PROACTEL Talent Solutions Site which is also protected by the Company’s copyright.
PROACTEL Talent Solutions Site Restrictions
Users may not use any PROACTEL Talent Solutions Site in order to transmit, distribute, store or destroy material, including without limitation PROACTEL Talent Solutions Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the 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 defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any PROACTEL Talent Solutions Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any PROACTEL Talent Solutions Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Company 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; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Statement for further details regarding your Information.
If you cancel your PROACTEL Talent Solutions account, all your account information from PROACTEL Talent Solutions , including resumes, cover letters, network profiles, saved jobs, questionnaires and email mailing lists will be removed from PROACTEL Talent Solutions and PROACTEL Talent Solutions’S databases and cannot be retrieved once deleted.
User Content and Submissions
You are solely responsible for your PROACTEL Talent Solutions Account information, content, messages or other information (“User Content”) that You submit, publish or display (hereinafter, “post”) on any PROACTEL Talent Solutions Site or transmit to other Users. By posting User Content to any PROACTEL Talent Solutions Site, You automatically grant, and You represent and warrant that You have the right to grant, to PROACTEL Talent Solutions an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub licenses thereof.
By posting User Content to any public or non-public area of any PROACTEL Talent Solutions Site, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the loyalty-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 User 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 User Content for personal use. Subject to the foregoing, the owner of such User Content placed any PROACTEL Talent Solutions Site retains any and all rights that may exist in such User Content.
The following is a partial list of User Content that is prohibited on the PROACTEL Talent Solutions Sites. The list below is for illustration only and is not a complete list of all prohibited User Content:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of another any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users; Each candidate made available through the Skilled and Hourly section of the PROACTEL Talent Solutions has taken skills interview(s) offered by the Company. The results of each skilled and hourly candidate’s skills interview are not evaluated by Company and should be evaluated by each employer based on such employer’s specific criteria. The skills interview(s) are proprietary to Company and may be changed from time to time in Company’s discretion. The skills interviews do not necessarily guarantee performance results or capture all criteria that may be relevant to an employer in making employment decisions. Company does not independently verify the information provided by candidates or the identity of candidates.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other 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.
We appreciate hearing from our Users and welcome your comments regarding our services and the PROACTEL Talent Solutions Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of your PROACTEL Talent Solutions Account passwords. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your PROACTEL Talent Solutions Account passwords.
Registration and Password
You are responsible for maintaining the confidentiality of your PROACTEL Talent Solutions Account, passwords. You shall be responsible for all uses of your Web Site registrations, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your PROACTEL Talent Solutions Account passwords.
Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If You believe that your copyrighted work has been uploaded, posted or copied to any PROACTEL Talent Solutions Web Site and is accessible on such PROACTEL Talent Solutions Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
- The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
- A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
- Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if you have one, your e-mail address;
- A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
PROACTEL Talent Solutions
1541 Brickell Avenue
Miami, FL 33129
By telephone: 305-358-8822
By e-mail: email@example.com
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Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
PROACTEL, Inc., PROACTEL Talent Solutions and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of PROACTEL Talent Solutions, You agree not to use PROACTEL Talent Solutions or any other PROACTEL Talent Solutions Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any PROACTEL Talent Solutions account holders, and block access to PROACTEL Talent Solutions and/or the other PROACTEL Talent Solutions Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.
The Company’s Liability
PROACTEL Talent Solutions acts as a venue for candidates to upload resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction. As a result, the Company has no control over the quality, safety or legality of the resumes uploaded into the database, the truth or accuracy of the listings, and makes no representations about any resumes or User Content on PROACTEL Talent Solutions.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. If there is a dispute, You release the Company (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 d1542, 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.”
The PROACTEL Talent Solutions Sites and the PROACTEL Talent Solutions Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any PROACTEL Talent Solutions Site or the PROACTEL Talent Solutions Content. The use of all PROACTEL Talent Solutions Sites and the PROACTEL Talent Solutions Content is at your own risk. Changes are periodically made to PROACTEL Talent Solutions Sites 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 PROACTEL Talent Solutions Sites. The Company is not to be considered to be an employer with respect to your use of any PROACTEL Talent Solutions Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any PROACTEL Talent Solutions.
PROACTEL Talent Solutions cannot guarantee and does not promise any specific results from use of PROACTEL Talent Solutions or any PROACTEL Talent Solutions Site. No advice or information, whether oral or written, obtained by a User from PROACTEL Talent Solutions or through or from PROACTEL Talent Solutions or any other PROACTEL Talent Solutions Site shall create any warranty not expressly stated herein.
Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT ANY PROACTEL Talent Solutions SITE WILL OPERATE ERROR-FREE OR THAT ANY PROACTEL Talent Solutions SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY PROACTEL Talent Solutions SITE OR THE PROACTEL Talent Solutions CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE PROACTEL Talent Solutions SITES AND PROACTEL Talent Solutions CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PROACTEL Talent Solutions CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY PROACTEL Talent Solutions 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 ANY PROACTEL Talent Solutions SITE AND THE PROACTEL Talent Solutions CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
PROACTEL Talent Solutions’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PROACTEL Talent Solutions SITE OR YOUR USE OF THE PROACTEL Talent Solutions CONTENT, REGARDLESS OF THE CAUSE OF ATION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
Links to Other Sites
PROACTEL Talent Solutions and certain other PROACTEL Talent Solutions Sites contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company 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 Use
Term and Termination