These
"Terms and Conditions" govern your use of StyleDispatch.com. They also
provide notice of some of StyleDispatch.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. StyleDispatch.com,
LLC. 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
StyleDispatch.com authorizes you to view and download a single copy
of the material on StyleDispatch.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 StyleDispatch.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 StyleDispatch.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 StyleDispatch.com
creates to generate its pages. It is also protected by StyleDispatch.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 SITE USE
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 StyleDispatch.com
employee or agent, an authorized user of StyleDispatch.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.
Violate or attempt to violate the security of the Web Site, including,
without limitation: 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.
StyleDispatch.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 StyleDispatch.com member companies
seeking to hire employees and manage relationships with their placement
vendors. StyleDispatch.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 StyleDispatch.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 StyleDispatch.com
resulting from the distribution of his or her password. You are responsible
for maintaining the confidentiality of your information and password.
You
shall be responsible for all uses of your registration, whether or not
authorized by you. You agree to immediately notify StyleDispatch.com
of any unauthorized use of your registration or password.
USER
INFORMATION
In addition to the terms and conditions that may be set forth in any
privacy policy on this Web Site, you understand and agree that StyleDispatch.com
may disclose to third parties, on an anonymous basis, certain aggregate
information resulting from information that you place on the Web Site.
StyleDispatch.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 StyleDispatch.com or by third parties. Please see StyleDispatch.com's
Privacy Policy for further details regarding your information.
FINANCIAL
ARRANGEMENTS
In connection with your use of the vendor management tools (Agency Exchange),
StyleDispatch.com has not undertaken to act as the representative of
either Placement Specialists or Member Companies. StyleDispatch.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.
USER
SUBMISSIONS
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.
StyleDispatch.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.
StyleDispatch.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, StyleDispatch.com
may investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication.
StyleDispatch.com has no liability or responsibility to users for performance
or nonperformance of such activities. StyleDispatch.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. StyleDispatch.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 StyleDispatch.com or may cause StyleDispatch.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
StyleDispatch.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.
StyleDispatch.com
LIABILITY
StyleDispatch.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. StyleDispatch.com does
not screen or censor the profiles or other information. StyleDispatch.com
is not involved in the actual transaction between Member Companies and
their vendors or companies and candidates. As a result, StyleDispatch.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, StyleDispatch.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 StyleDispatch.com, in the event
that you have a dispute with one or more users, you release StyleDispatch.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. StyleDispatch.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.
StyleDispatch.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.
StyleDispatch.com
is not to be considered to be an employer with respect to your use of
the Web Site and StyleDispatch.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.
StyleDispatch.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, StyleDispatch.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. StyleDispatch.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. StyleDispatch.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 StyleDispatch.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 StyleDispatch.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
StyleDispatch.com of the contents on such third-party Web sites. StyleDispatch.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 USE
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 StyleDispatch.com to you for all claims
arising from the use of the Materials is limited to $100.
TERMINATION
StyleDispatch.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 StyleDispatch.com, upon any breach by you
of these Terms and Conditions or if StyleDispatch.com is unable to verify
or authenticate any information you submit to the Web Site registration
with or ability to access the Web Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless StyleDispatch.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.
StyleDispatch.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 or proceeding.
GENERAL
StyleDispatch.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 Nevada, 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 the state
of Nevada. 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 terms
of use for areas of the Web Site a particular "Legal Notice," or Software
License or material on particular Web pages, these Terms and Conditions
constitute the entire agreement between you and StyleDispatch.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.
ADDITIONAL
TERMS OF USE
Certain areas of this Web Site are subject to additional terms of use.
By using such areas, or any part thereof, you agree to be bound by the
additional terms of use applicable to such areas.