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This page states the "Terms and Conditions" under which you may use
Closers.net. Please read this page 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 the terms of these Terms and Conditions. Closers.net (the "Company")
may revise these Terms and Conditions at any time 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
The Company authorizes you to view and download a single copy of the
material on Closers.net (the "Web Site") solely for your personal,
noncommercial use.
The contents of this Web Site, such as 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 the Company or its content suppliers or
clients. The compilation (meaning the collection, arrangement and
assembly) of all content on this Web Site is the exclusive property of
the Company and protected by U.S. and international copyright laws.
Unauthorized use of the Material may violate copyright, trademark, 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 code that the Company creates
to generate its pages. It is also protected by the Company’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
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.
Web Site Security Rules. Users are prohibited from violating or
attempting to violate the security of the Web Site, including, without
limitation, (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 the Web Site, overloading, "flooding", "spamming", "mailbombing"
or "crashing", (d) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (e) 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.
Specific Prohibited Uses
The Web Site may be used only for lawful purposes by individuals
seeking employment and career information and employers seeking
employees. The Company specifically prohibits any use of the Web Site,
and all users agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information
or information which is not your own accurate resume (living individual
seeking employment on a full-time or part-time basis on his or her own
behalf).
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,
or requires recruitment of
other 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 which imposes an unreasonable or
disproportionately large load on this Web Site’s infrastructure.
If you have a password allowing access to a non-public area of this
Web Site, disclosing to or sharing your password with any third parties
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 the
Company on this Web Site and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of the
Web Site.
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.
Refund Policies
No Refunds.
100% of all Account Charges are NON-REFUNDABLE. This does not
apply to job seekers since all services are free for job seekers.
Subject to any withdrawal
right you may have under applicable law, charges are non-refundable
unless the price plan terms expressly say otherwise. The use of
Closers.net is provided "As Is". No warranty, representation,
condition, undertaking or term, express or implied, statutory or
otherwise, as to the condition, quality, durability, performance,
non-infringement, merchantability, or fitness for a particular purpose
or use of the site is given or assumed by Closers.net or its agents.
All such warranties, representations, conditions, undertakings and
terms are excluded to the fullest extent permitted by law.
Closers.net makes no warranty with respect to the accuracy,
completeness, or quantity of resumes, whether they be from the
Closers.net resume database or obtained as the result of posting job
openings. Closers.net does not warrant that your use of the
resume database or job posting functions will be uninterrupted, secure
or error free.
If you do not use your
account for any reason, you are not entitled to a refund.
Services are considered rendered whether your account is used or not.
Nonuse does not imply that services were not provided in exchange for
payments received by Closers.net. It is not the responsibility of
Closers.net to remind you that you have an account..
User Information
When you register for the Web Site, you will be asked to provide the
Company with certain information including, without limitation, a valid
email address (your "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 the Company may disclose to third
parties, on an anonymous basis, certain aggregate information contained
in your registration application. The Company will not disclose to any
third party your name, address, e-mail address or telephone number
without your prior consent, except to the extent necessary or
appropriate to comply with applicable laws or in legal proceedings
where such information is relevant. 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 Policy for further details regarding your
Information.
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
material that is copyrighted, unless you are the copyright owner or
have the permission of the copyright owner to post it; post material
that reveals trade secrets, unless you own them or have the permission
of the owner; 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, 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.
The Company 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.
The Company 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, the Company may investigate the allegation and
determine in good faith and its sole discretion whether to remove or
request the removal of the communication. The Company has no liability
or responsibility to users for performance or nonperformance of such
activities. The Company 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. The Company 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 the Company or may cause the Company 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 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 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.
Registration and 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 the Company of any unauthorized use of your
registration or password.
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 this Web Site and is accessible on this Web Site in a way
that constitutes copyright infringement, please notify us by providing
our designated copyright agent with the following information:
1.
The physical or electronic
signature of either the copyright owner or of a person authorized to
act on the owner's behalf;
2.
A description of the copyrighted
work you claim has been infringed, and a description of the activity
that you claim to be infringing;
3.
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;
4.
Your name, address, telephone
number and, if you have one, your e-mail address;
5.
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
6.
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.
Policy Regarding Termination Of Users And Account Holders Who
Repeatedly Infringe The Copyright Or Other Intellectual Property Rights
Of Others
Closers.net, 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 owners rights. As a condition to your use of this Web Site,
you agree not to use the Web Site to infringe the intellectual property
rights of others in any way. We will terminate the accounts of any
account holders, and block access to our Web Site 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
Closers.net is only a venue. This Web Site acts as a venue for
employers to post job opportunities and candidates to post resumes and
does not screen or censor the listings offered. The Company is not
involved in the actual transaction between employers and candidates. As
a result, the Company has no control over the quality, safety or
legality of the jobs or resumes posted, the truth or accuracy of the
listings, the ability of employers 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,
Closers.net 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 Closers.net, in the
event that you have a dispute with one or more users, 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."
We are under no legal obligation to, and generally do not, control
the information provided by other users which 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. The
Company 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. Employers are solely responsible for
their postings on the Web Site.
The Company is not to be considered to be an employer with respect
to your use of the Web Site and the Company shall not be responsible
for any employment decisions, for whatever reason made, made by any
entity posting jobs on the Web Site.
THE COMPANY 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, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL 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 MATERIAL,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, 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 THE COMPANY 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 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
You agree not to resell or assign your rights or obligations under
these Terms of Use. You also agree not to make any unauthorized
commercial use of the Web Site.
Limitation of Liability
The aggregate liability for the Company to you for all claims
arising from the use of the Materials is limited to $100.
Termination
The Company reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to deletion of
your postings 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 the Company, upon any breach by you of these
Terms and Conditions or if the Company 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 the Company, 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. The Company
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
The Company 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 Arizona, 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 Arizona. 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 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 the Company 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.
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