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At your discretion, you may provide feedback to Employment.com concerning the functionality and performance of the Employment.com service or site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). If you, through your evaluation or otherwise, you suggest any Feedback, you hereby grant Employment.com a nonexclusive, worldwide, perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that Employment.com may disclose that Feedback to any third party in any manner and you agree that Employment.com has the ability to sublicense all Feedback in any form to any third party without restriction. You agree not to access (or attempt to access) any of the services or site by any means other than through the interface that is provided by Employment.com, unless you have been specifically allowed to do so in a separate agreement with Employment.com. You agree that you will not engage in any activity that interferes with or disrupts the services or site (or the servers and networks which are connected to the services or site). Unless you have been specifically permitted to do so in a separate agreement with Employment.com, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services or site for any purpose. You agree that you are solely responsible for (and that Employment.com has no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which Employment.com may suffer) of any such breach. Employment.com reserves the right to use the content of messages sent through Employment.com to prevent potentially illegal activities and activities that are detrimental to other users. Employment.com reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
In addition to (and/or as some examples of) the violations described in the Terms of Service, users may not: Modify, adapt, translate, or reverse engineer any portion of the Employment.com Service Remove any copyright, trademark or other proprietary rights notices contained in or on the Employment.com Service Reformat or frame any portion of the web pages that are part of the Employment.com Service without Employment.com's explicit permission
Employment.com may modify or terminate the Employment.com services from time to time, for any reason, and without notice. Employment.com reserves the right to modify these Terms of Service from time to time without notice so check back often to review these Terms of Service.
Employment.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Employment.com results or posted on the Employment.com website by Employment.com or third parties. Employment.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Employment.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Employment.com site or on other sites on the Internet accessed through Employment.com. THE EMPLOYMENT.COM SERVICES AND SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE EMPLOYMENT.COM SERVICES AND SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. EMPLOYMENT.COM AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. EMPLOYMENT.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EMPLOYMENT.COM SERVICES. EMPLOYMENT.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EMPLOYMENT.COM SERVICES. EMPLOYMENT.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EMPLOYMENT.COM SERVICES OR SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY EMPLOYMENT.COM. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EMPLOYMENT.COM SERVICES OR SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
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The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Employment.com infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Employment.com to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Employment.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Employment.com Copyright Notice, 104 West 27th Street, Suite 11A, New York, N.Y. 10001 (copyright @ Employment.com). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any action arising out of these Terms of Service shall be brought in the state or federal courts located in New York, New York and you hereby agree to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Employment.com. By using this site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. The materials on this Site are provided with "Restricted Rights". Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Employment.com's proprietary rights in them. Employment.com reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the service or site other than your content. Any use of materials or descriptions; any derivative use of this site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the site or any materials contained therein. The site may contain links to other sites on the Internet which are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that Employment.com is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites. You shall not transmit to Employment.com or upload as part of the service or site any Harmful Code or use or misappropriate the data on this service or site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.