ProCareerManager Website User Policy and Terms of Use
ProCareerManager, Inc. (PCM) and ProCareerManager.com web site, (collectively, the “Website”) is designed to provide online access to information regarding products and services available from PCM (the “Services”).
By accessing the Website, you unconditionally agree to each of the terms and conditions set forth herein (“Terms of Use”). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Website for any purpose. By accessing the Website, you express your understanding and agreement that you are bound by Terms of Use. If you are unwilling to accept these terms, please do not use the Website.
PCM reserves all rights to modify the Terms of Use at any time without giving you prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
1. INTELLECTUAL PROPERTY
The Services, the Website, and all information and/or content that can be seen, heard or otherwise experienced on the Website (the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to PCM or its licensors, partners, affiliates or third parties. You may use the Website, the Services and the Content for your own personal, non-commercial use only. You agree that you will not otherwise download, copy, reproduce, display, distribute, transmit, publish, or transfer any Content or information obtained from the Website or the Services or create derivative works from any Content or information obtained from the Website or the Services without first obtaining written permission from PCM. You may not mirror or frame the home page or any other pages of this Website on any other website or web page. You may not connect “deep links” to the Website, i.e., create links to this Website that bypass the home page or other parts of the Website. You are prohibited from using any of the marks or logos appearing throughout the Website without express written consent from the trademark owner, except as permitted by applicable law.
2. TRANSACTIONS
All transactions for the purchase or sale of goods or services facilitated by use of the Website will be governed by the Terms of Use unless specifically stated otherwise in a particular area of the Website. No additional or different terms contained in any purchase order, document, transmission or other communication shall be binding upon PCM unless agreed to by PCM in writing.
3. DISCLAIMERS
Downloading and Printing of Files: PCM cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Website and the Services and the accuracy of the Content is solely and exclusively with you.
International Use: PCM makes no representation that the Services or Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
Third Party Links: All hypertext links to third party web Websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by PCM of the third party, the third-party web Website, or the information contained therein, unless expressly stated on the Website. You acknowledge and agree that PCM is not responsible for the availability of any such web Websites and that PCM does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon.
4. DISCLAIMER OF WARRANTIES
You agree to assume total responsibility and risk for your use of the Website, the Services and the content and for evaluating the accuracy, completeness and usefulness of all content provided by the Website or the Services. PCM makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website, the Services or the content. PCM expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the Website, the Services, and the content.
PCM does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. PCM does not warrant that the functions performed by the Website or the Services will be uninterrupted, timely, secure or error-free, or that defects in the Website or the Services will be corrected. The Website, the Services and the content are provided on an “as is” and “as available” basis.
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5. LIMITATION OF LIABILITY
PCM will not be liable for any loss or damage arising either directly or indirectly from any use or inability to use the Website, the Services or the content. You understand and agree that under no circumstances will PCM be liable for any damages whatsoever, including, but not limited to: (i) any direct, incidental, consequential, exemplary or indirect damages arising out of the use of or inability to use the Website, the Services, or the Content, (ii) any claim attributable to errors, omissions, or other inaccuracies in the Website, the Services and/or the Content, (iii) unauthorized access to or alteration of transmissions or data, (iv) statements or conduct of any third party on the Website or the Services, or (v) any other matter relating to the Website, the Services, or the Content, even if PCM has been advised of the possibility of such damages. If you are dissatisfied with the Website, the Services, the Content, or with the terms of use, your sole and exclusive remedy is to discontinue using the Website. You acknowledge, by your use of the Website, that such use is at your sole risk.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, PCM's liability is limited and warranties are excluded to the greatest extent permitted by law, but will, in no event, exceed $50.00.
6. INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless PCM, its affiliates, licensors, employees, and agents from and against all expenses, losses, claims, damages and costs (including, but not limited to, direct, consequential, incidental, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Website, the Services, or the Content, or any violation by you of this Agreement.
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7. PRIVACY POLICY
Current Privacy Policy
8. USER SUPPLIED INFORMATION
If you supply any information or material to PCM via the Website, you guarantee to PCM that you have the legal right to supply, post, or store such information or material and that doing so will not violate any law or the rights of any person or entity.
9. USER CONDUCT
You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Website in any manner that might interfere with the rights of third parties.
10. GENERAL PROVISIONS
(i) Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent at PCM, 3000 Scott Boulevard, Suite 208, Santa Clara, CA 95054 or email to info@ProCareerMaager.com.
(ii) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. PCM therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. PCM does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
(iii) Enforcement/ Choice of Law/ Choice of Forum. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms of Use, PCM's Privacy Policy, your use of the Website, the Services, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions. Any Dispute will be filed in a state or federal court situated in Californai, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
(iv) Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by PCM of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
DATE OF LAST MODIFICATION
March 31, 2011