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Terms and Conditions of UseThe Main Street Network PROVIDES THIS WEB SITE AND ALL SITE-RELATED SERVICES, INCLUDING THE
CONTENT AND CODE RELATED THERETO (COLLECTIVELY, THE "SITE"), SUBJECT TO YOUR
COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS TERMS
OF USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THIS SITE. By using the
Site, you agree to be bound by these terms and conditions. If you do not agree
to these terms and conditions, please do not use the Site.
This Agreement
is made between the Company and you, the Site visitor and/or registered user
("you"). We reserve the right at any time to:
Change the terms and
conditions of this Agreement; Change the Site, including eliminating or
discontinuing any content on or feature of the Site, restricting the hours of
availability or limiting the amount of use permitted; or Change any fees or
charges for use of the Site, including instituting new or increased fees or
charges for the use of the Site or any other Site-related services or any
feature thereof. Any changes we make will be effective immediately upon notice,
which we may provide by any means including, without limitation, posting on the
Site or via electronic mail. Your use of the Site after such notice will be
deemed acceptance of such changes. Be sure to review this Agreement periodically
to ensure familiarity with the most current version. Upon our request, you agree
to sign a non-electronic version of this Agreement.
You must be at least
15 years of age to use the Site.
OWNERSHIP; PROPRIETARY
NOTICES
©2008 The Main Street Network All Rights
Reserved.
The Site, including all pages within and all code related
thereto, is the property of The Main Street Network. No portion of the
materials or code on these pages or anywhere on the Site may be reprinted or
republished (other than as is necessary to view the page on your monitor) in any
form without the express written permission of the Company.
The Site is
owned and operated by us in conjunction with others pursuant to contractual
arrangements. Unauthorized use of the materials on the Site may violate
copyright, trademark, patent and other laws and is prohibited. You acknowledge
that you do not acquire any ownership rights by using the Site.
WARRANTY
INFORMATION; DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE
LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED
"AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
The Main Street Network AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS,
SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER The Main Street Network,
ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY
REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE
SITE-RELATED SERVICES.
The Main Street Network AND ITS
SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF
THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS
HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE
SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION,
ADVICE, OR STATEMENT OF The Main Street Network OR ITS SUBSIDIARIES,
AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON
THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY
MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
You
acknowledge that the Site could include inaccuracies or errors, or materials
that violate these Terms of Use (specifically, the "Code of Conduct" section).
Additionally, you acknowledge that unauthorized additions, deletions and
alterations could be made by third parties to the Site. Although the Company
attempts to ensure the integrity and the accuracy of the Site, it makes no
guarantees whatsoever as to the Site's completeness or correctness. In the event
that such a situation arises, please contact us with, if possible, a description
of the material to be checked and the location (URL) where such material can be
found on the Site, as well as information sufficient to enable us to contact
you. We will try to address your concerns as soon as reasonably practicable. For
copyright infringement claims, see the section on "Claims of Copyright
Infringement".
The Site is only a venue allowing for the posting by
employers, recruiters and staffing agencies of available job opportunities at
their companies or companies they represent (hereinafter referred to
collectively as "employers") and by candidates of their own resumes. The Company
does not evaluate or censor the resumes, job listings or other information
posted to the Site. Moreover, the Company is not involved in the actual
transaction, if any, between potential employers and candidates. Consequently,
we have no control over the quality, safety or legality of the job listings or
resumes posted to the Site, the truth or accuracy of such job listings or
resumes, the ability of employers to hire candidates or the ability of
candidates to fill job openings.
Because user authentication on the
Internet is difficult, the Company cannot and does not confirm that users are
who they claim to be. Because we do not and cannot be involved in user-to-user
transactions or control the behavior of the Site's users, in the event that you
have a dispute with one or more Site users, you release The Main Street Network (and its subsidiaries, affiliates, agents and employees) from all
claims, demands and damages (actual and consequential, direct and indirect) of
any kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes. You
acknowledge that there may be certain risks, including but not limited to the
risk of physical harm and of dealing with strangers, underage persons or people
acting under false pretenses, associated with pursuing relationships begun on
the Internet. You assume all risks related to dealing with other users with whom
you have had contact through the Site.
You acknowledge and agree that you
are solely responsible for the form, content and accuracy of any resume, job
listing or other material you post to the Site. The Company neither warrants nor
guarantees that a resume or job posting will be viewed by any specific number of
users, or that a resume or job listing will be viewed by any user. The Main Street Network offers no refunds for any job posting(s), features or packages
purchased through the Site. We are not to be considered as an employer with
respect to your use of the Site and we shall not be responsible for any
employment decisions made by any entity posting job listings or resumes to the
Site.
LIMITATION OF LIABILITY
NEITHER The Main Street Network NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS
ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE
AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED
THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR
CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND
EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR
OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE
SITE.
ACKNOWLEDGMENT
This Site may contain links to other web
sites operated by third parties, other than affiliates of the Company ("Linked
Sites"). We neither control nor endorse such other web sites, nor have we
reviewed or approved any content that appears on the Linked Sites. You
acknowledge that when you click on a link to visit a Linked Site, a frame may
appear that contains the Company logo, advertisements and/or other content
selected by the Company. You acknowledge that the Company and its sponsors
neither endorse nor are affiliated with the Linked Sites and are not responsible
for any content that appears on the Linked Sites. You also acknowledge that the
owner of the Linked Site neither endorses nor is affiliated with the Company and
its sponsors.
VOID WHERE PROHIBITED; INDEMNIFICATION
Although the
Site is accessible worldwide, not all products or services discussed, referenced
or made available on the Site are available to all persons or in all geographic
locations or jurisdictions. We make no representation that materials in the Site
are appropriate or available for use in locations outside the United States.
Those who choose to access the Site from other locations do so on their own
initiative and at their own risk and are responsible for compliance with local
laws if and to the extent local laws are applicable. The Company reserves the
right to limit the availability of the Site and/or the provision of any product
or service described thereon to any person, geographic area, or jurisdiction it
so desires at any time and in our sole discretion and to limit the quantities of
any such product or service that we provide.
You agree to indemnify,
defend and hold us, our affiliates, sponsors, officers, directors, employees,
agents and representatives harmless from and against any and all claims,
damages, losses, costs (including reasonable attorneys' fees), or other expenses
that arise directly or indirectly out of or from (a) your breach of this
Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities
in connection with the Site or Site-related services.
CODE OF
CONDUCT
While using the Site or Site-related services, you agree not to
do any of the following without our prior written authorization:
Post any
inaccurate, untimely, stale, incomplete or misleading information. Post any
employment opportunity or requirements that are inaccurate or not available with
a verifiable company that is directly represented by your office. Post any
employment opportunities that are not real jobs. MLM or anything charging a
person a fee for service. Key code (by overuse of a skill set, term or
definition within a job posting, profile, resume or otherwise in an effort to
gain priority placement of a posting), copy other job postings as your own, post
the same position multiple times on the Site or post multiple positions within
one posting. Place any contact information within a job posting that is
different from or in addition to contact information provided when subscribing
to the The Main Street Network service. Post any employment opportunity
with instructions to send a resume to an e-mail address in the job description
and/or skill requirements. Resell or make available to any person not expressly
licensed by The Main Street Network, whether via phone, fax, e-mail, mail
or any other medium, any of the The Main Street Network services or any
information obtained there from, including without limitation the featured
candidate list, resumes or candidate information. Share passwords, login
information or named user identification or otherwise allow multiple offices or
users to access the The Main Street Network service on a basis that is
other than what was originally subscribed for. A named user is defined as one
unique individual user with one unique password. An office is defined as a
location where a named user routinely accesses or uses the The Main Street Network service under express license from The Main Street Network. Use
any search engine, software, tool, agent or other device or mechanism, including
without limitation browsers, spiders, robots, avatars or intelligent agents
(other than those made available by The Main Street Network on the Site or
other generally available third party web browsers, e.g., Netscape Navigator or
Microsoft Internet Explorer), to navigate or search the Site. Allow job postings
or employment requirements to remain posted on the Site for more than 24 hours
after they are no longer viable or valid. To the extent that a position is
placed on "hold" or is otherwise not available for immediate placement, the
posting must be removed from the Site until such time as the position is a
viable opening. Engage in spamming, flooding, soliciting or mass marketing via
e-mail, direct mail, telephone, or otherwise to The Main Street Network
job seekers or subscribers. Express or imply that any statements you make are
endorsed by us. Impersonate any person or entity, including, without limitation,
a The Main Street Network employee or agent, a user of The Main Street Network's services, including a candidate, placement specialist or an
employer, or otherwise misrepresent your affiliation with any person or entity.
Respond to a job listing on behalf of anyone other than yourself. Delete or
revise any material posted by any other person or entity. Restrict or inhibit
any other user from using and enjoying the Site and services, including, without
limitation, by means of "hacking" or defacing any portion of the Site. Post or
transmit (a) any incomplete, false or inaccurate biographical information or
information that is not your own accurate resume (i.e., the resume of a living
individual seeking employment on a full-time or part-time basis on his or her
own behalf); (b) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise objectionable
or harmful, or that infringes on our or any third party's intellectual property
or other rights; (c) any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities, or other unsolicited commercial
communication; (d) any information or software that contains a virus, worm,
Trojan horse or other harmful or disruptive component; (e) any trade secret of
any third party; or (f) any material, nonpublic information about companies
without the authorization to do so. Use the Site for any unlawful commercial,
research or information gathering purposes. Communicate, send, or place
unsolicited e-mail, telephone calls, mailings or other contacts to posting
individuals and entities. Modify, adapt, sublicense, translate, sell, reverse
engineer, decompile or disassemble any portion of the Site. Remove any
copyright, trademark, or other proprietary rights notices contained in the Site.
"Frame" or "mirror" any part of the Site. Link to any page of or material on the
Site other than the URL located at http://emp.themainstreetnetwork.com Use any
robot, spider, site search/retrieval application, or other manual or automatic
device or process to retrieve, index, "data mine," or in any way reproduce or
circumvent the navigational structure or presentation of the Site or its
contents. 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. The Main Street Network assumes no responsibility or liability for any personnel selected by your
company. Selection, retention or hire of any individual or entity is based
solely on your company's investigation, verification and determination that such
hire is suitable for your company's purposes.
Your company agrees to and
will hold the Company harmless from any claims, damages or losses incurred by
your company or any other party as a result of your use of the The Main Street Network system.
You agree to comply with all applicable laws, rules
and regulations in connection with your use of the Site and Site-related
services.
The Company has no obligation to monitor the Site or
Site-related services, including any forum, or any materials that you or other
third parties transmit or post on to the Site. However, you acknowledge and
agree that the Company has the right (but not the obligation) to monitor the
Site and Site-related services, including any forum, and the materials you
transmit or post, to alter or remove any such materials (including, without
limitation, any posting to the Site), and to disclose such materials and the
circumstances surrounding their transmission to any third party in order to
operate the Site properly, to protect itself, its sponsors, its registered users
and visitors, and to comply with legal obligations or governmental requests. The
Company reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that it deems in its sole discretion to be
unacceptable, offensive or in violation of this Agreement. The Company also
reserves the right to prohibit any user who, in the Company's sole discretion,
violates the Code of Conduct or other terms of this Agreement from using the
Site and related services. Such prohibition may occur without notice to the
user.
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by
the Government is subject to the restriction as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software Clause as DFARS
252.227-7013 and FAR 52.227-19, as applicable.
MAKING PURCHASES
If
products or services are made available at the Site, and if you wish to license
or make purchases of products or services described on the Site, you may be
asked by us or the applicable merchant or service provider to supply certain
information, including but not limited to credit card or other information. If
you submit such information to us, you understand that any such information will
be treated by Company in the manner described in our Privacy Policy .You agree
that all information that you provide to us or any such merchant or service
provider will be accurate, complete and current. You agree to pay all charges
incurred by you or any users of your account and credit card or other payment
mechanism at the prices in effect when such charges are incurred. You will also
be responsible for paying any applicable taxes relating to your purchases.
Moreover, you agree to review and to comply with the terms and conditions of any
specific agreement, if any, that you enter into with the merchant and/or service
provider in connection with the licensing or purchase of any product or
service.
SUBMISSIONS
Because our designees and we host job boards
and other forums found on the Site and elsewhere and, therefore, redistribute
materials you give us, we require certain rights in those materials. Therefore,
by sending or transmitting to us resources, information, ideas, notes, concepts,
trademarks, service marks or other materials (including, but not limited to, job
postings) (collectively, "Content"), or by posting such Content to any area of
the Site, you grant us and our designees a worldwide, non-exclusive,
sub-licensable (through multiple tiers), assignable, royalty-free, perpetual,
irrevocable right to link to, reproduce, distribute (through multiple tiers),
adapt, create derivative works of, publicly perform, publicly display, digitally
perform or otherwise use such Content in any media now known or hereafter
developed. You hereby grant the Company permission to display your logo,
trademarks and company name on the Site and in press, marketing materials and
public commercials (television & radio), releases or filings. Further, by
submitting Content to the Company, you acknowledge that you have the authority
to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF
ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.
None of the Content is endorsed by the Company, and the Company cannot
and does not make any representations with respect to the truth or reliability
of the Content. The Company reserves the right to remove any Content, in whole
or in part, from the Site. Communications between the Company and the users of
the Site are not confidential.
REGISTRATION; USE OF SECURE AREAS AND
PASSWORDS
Some areas of the Site may require you to register with us.
When and if you register, you agree to (a) provide accurate, current, and
complete information about yourself as prompted by our registration form
(including your e-mail address) and (b) to maintain and update your information
(including your e-mail address) to keep it accurate, current, and complete. You
acknowledge that should any information provided by you be found to be untrue,
inaccurate, not current, or incomplete, we reserve the right to terminate this
Agreement with you and your use of the Site.
As part of the registration
process, your user name will be your email address and you will be asked to
select a password. We may refuse to allow you to use a username that
impersonates someone else, may be illegal, may be protected by trademark or
other proprietary rights law, is vulgar or otherwise offensive, or may cause
confusion, as determined by us in our sole discretion. You will be responsible
for the confidentiality and use of your password and agree not to distribute,
transfer or resell your use of or access to the Site to any third party. If more
than one individual wishes to use a single password belonging to a registered
user, such registered user must request permission from the Company in writing,
it being understood that the Company shall be under no obligation to approve any
such request. If you are a job seeker who has reason to believe that your
account with us is no longer secure, you must promptly change your password by
updating your account information and immediately notifying us of the problem.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL
ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
CLAIMS OF COPYRIGHT
INFRINGEMENT
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 have a good
faith belief that materials hosted by us 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 being infringed upon; (b) identification of
the copyrighted work claimed to have been infringed upon (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 us to locate the material on the Site; (d) the
name, address, telephone number, and e-mail 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 us a counter-notice. Notices and counter-notices must meet
the then-current statutory requirements imposed by the DMCA; see
http://www.copyright.gov for details. Notices and counter-notices with respect
to the Site should be sent to The Main Street Network, 1609 W 1st Street, Sioux Falls, SD 57105, (tel) 605-555-9200,
Attention: The Main Street Network. 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.
MISCELLANEOUS
This
Agreement is entered into in the State of South Dakota and shall be governed by
and construed in accordance with the laws of the State of South Dakota,
exclusive of its choice of law rules. Each party to this Agreement hereby
submits to the exclusive jurisdiction of the state and federal courts sitting in
the County of Minnehaha in the State of South Dakota for any dispute arising
under or in connection with this Agreement, the Site or any Site-related
services, and waives any jurisdictional, venue or inconvenient forum objections
to such courts. In any action to enforce this Agreement, the prevailing party
will be entitled to costs and attorneys' fees. In the event that any of the
provisions of this Agreement shall be held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable. Failure of any party
to insist upon strict compliance with any of the terms and conditions of this
Agreement shall not be deemed a waiver or relinquishment of any similar right or
power at any subsequent time.
This Agreement constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof,
and any and all written or oral agreements heretofore existing between the
parties hereto are expressly canceled. This Agreement is not assignable,
transferable or sub-licensable by you except with prior written consent. Any
heading, caption or section title contained in this Agreement is inserted only
as a matter of convenience and in no way defines or explains any section or
provision hereof. The Company reserves the right in its sole discretion to
terminate the use of the Site by a user at any time.
ALL CONTENTS OF THIS
WEB SITE ARE COPYRIGHT ©2009 The Main Street Network, INC. ALL RIGHTS
RESERVED. |
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