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WageLINK Terms of Use Agreement
Welcome to WageLINK. We maintain the WageLINK website as a service to our
members. By using our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully.
This Terms of Use
Agreement, hereinafter called the Agreement, is between WageLINK and the Member
(hereinafter called “you”, “your”, or the “Member’) for one-year, and is
renewable annually upon receipt of the annual membership fee. The Agreement contains the terms and
conditions by which Members may access and use wage and other information
contained in the WageLINK website and database or portions of the website or
database created by or made available in machine-readable form by WageLINK, LLC
to provide wage and salary reports and other information from the databases.
1. Acceptance of
Agreement
The Member agrees to
the terms and conditions outlined in this Agreement with respect to the WageLINK
website (the "Site"). This Agreement constitutes the entire and only Agreement
between the Member and WageLINK, LLC, hereinafter called “WageLINK” and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended by WageLINK at any time. Thirty days notice in advance of such
amendments will be given to the Member.
2. Copyright
The content,
organization, graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or publication
by You of any such matters or any part of the Site, except as allowed by Section
5 is strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right in such
information and materials.
The contents of this
Web Site, and of all other websites under WageLINK’s control, whether partial or
otherwise (the Website and such other websites are sometimes collectively
referred to as “WageLINK Sites”) such as text, graphics, images, logos, button
icons, software and other Web Site content (collectively, “Web Site Content”),
are protected under both United States and foreign copyright, trademark and
other laws. All Web Site Content is the
property of WageLINK 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 WageLINK and is protected by
U.S.
and international copyright laws.
Unauthorized use of the Web Site Content may violate copyright, trademark, and
other laws. You must retain all
copyright, trademark, service-mark and other proprietary notices contained in
the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site
Content or reproduce, display, publicly perform, distribute, or otherwise use
the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content 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 WageLINK creates to generate any Web Site Content or
the pages making up any WageLINK Site.
It is also protected by WageLINK’s copyright.
3. Service Marks
WageLINK is a
registered service mark of WageLINK, LLC.
4. Obligations of Members
There are two kinds of
members in WageLINK… Subscribing Members and Contributing Members. Subscribing members are those that are
given access to the WageLINK database for obtaining wage reports, but they are
under no obligation to contribute information to the database. Contributing members also are given
access to the WageLINK database for obtaining wage reports, however they also
agree to the following obligations:
á
You agree to enter wage
and salary information in the prescribed formats for at least ten (10) jobs into
the WageLINK database.
á
If you have joined a WageLINK Salary Survey Group, you agree to enter wage and
salary information for at least four (4) jobs into each Survey Group database.
á
You agree that the wage and salary information that you contribute to the
database will be accurate for the job or jobs being reported.
á
You agree to update the records in the WageLINK database that you have
contributed at least once every 12 months.
á
Failure to fully perform these obligations may result in the termination of the
agreement between the Member and WageLINK or a change in membership status from
contributing member to subscribing member.
In return for becoming a contributing or subscribing member WageLINK will
provide services to the member, including but not limited to, summary
compensation reports on benchmark jobs contained in the database.
Subscribing members pay
a substantially higher membership fee than contributing members.
5. Limited Right to
Use
The viewing, printing
or downloading of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive license for use solely by you for your own
personal or internal business use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use. No
part of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical,
other than for your personal or internal business use (but not for resale or
redistribution).
6. Editing,
Deleting and Modification
We reserve the right
in our sole discretion to edit or delete any documents, information or other
content appearing on the Site.
The Member agrees that
it will not place any indecent materials/ information, which would offend a
person of ordinary sensibilities, or any other materials/ information that would
cause harm to the Company’s reputation and business. If a member places any such information/
materials on the Website, they understand that WageLINK may terminate the
relationship between WageLINK and the Member.
Member further agrees that it shall indemnify the Company from any harm
or lawsuits derived from the Member’s actions.
7. Indemnification
The Member agrees to
defend, indemnify, and hold harmless the Company, its officers, directors,
employees, agents and affiliates, from and against any claims, actions, or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from the Member’s use of the Material or breach of the
terms of these Terms and Conditions.
WageLINK 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.
8. Nontransferable
Your right to use the
Site is not transferable except as provided in section 17. Any password or right
given to you to obtain information or documents is not transferable.
9. Disclaimer and
Limits
THE INFORMATION FROM
OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE), TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
WAGELINK DOES NOT
WARRANT THAT ANY WAGELINK SITE WILL OPERATE ERROR-FREE OR THAT ANY WAGELINK SITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF ANY WAGELINK SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, WAGELINK IS NOT RESPONSIBLE FOR THOSE
COSTS.
10. Use of
Information
WageLINK reserves the
right, and You authorize us, to the use and assignment of all information
regarding Site uses by You and all information provided by You in any manner
consistent with our Privacy Policy as set forth in Section 13. All remarks,
suggestions, ideas, graphics, or other information communicated by You to us
through the Site (collectively, the "Submission") will forever be the property
of WageLINK, LLC. Without limitation,
WageLINK, LLC will have exclusive ownership of all present and future existing
rights to the Submission of every kind and nature everywhere. WageLINK, LLC will
be entitled to use the Submission for any commercial or other purpose
whatsoever, without compensation to You or any other person sending the
Submission. You acknowledge that you are responsible for whatever material You
submit, and You, not WageLINK, have full responsibility for the material,
including its legality, reliability, appropriateness, originality, and
copyright.
The resale of WageLINK services or any other associated services by any
means is strictly prohibited.
11. Third-Party Services
WageLINK may allow
access to or advertise third-party product or service providers ("Merchants")
from which you may purchase certain goods or services. You understand that
WageLINK does not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
OUR SITE.
12. Third-Party
Merchant Policies
All rules, policies
(including privacy policies) and operating procedures of Merchants will apply to
you while on such sites. We are not responsible for information provided by you
to Merchants. We and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf of the other.
13. Privacy Policy
Our Privacy Policy, as
it may change from time to time, is a part of this Agreement.
You are responsible
for the protection of your account and data.
You are advised that the Internet is not a secure system. WageLINK has taken prudent steps to
ensure that the information contained in its database is secure. However, the sharing of account names and
passwords is strictly prohibited.
Violators are subject to the cancellation of their accounts without prior
notice. WageLINK reserves the right to monitor and/or terminate the activities
of any user when said activities are adversely affecting WageLINK services.
14. Payment
For the rights granted
by WageLINK, LLC herein, Member shall pay to WageLINK, LLC an annual membership
fee. Bills will be sent to Members at
least thirty (30) days in advance.
Payments must be received prior to the expiration date to keep the account
active on the WageLINK system. If payment is not received the WageLINK service
will be terminated. Refunds made due to
the termination of service within the subscription period will be made
proportionately based on the number of complete calendar quarters in one year in
which the account service will be unavailable.
The initial membership
period will begin on the date that payment of the membership fee is received.
Thereafter, membership periods will begin on the anniversary
date of the initial membership period.
15. Securities Laws
This Site may include
statements concerning WageLINK’s operations, prospects, strategies, financial
condition, future economic performance and demand for our products or services,
as well as our intentions, plans and objectives (particularly with respect to
product and service offerings), that are forward-looking statements. These
statements are based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond WageLINK’s
control. When used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends," "will" and similar expressions are
intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site and the
information contained herein does not constitute an offer or a solicitation of
an offer for sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any of
WageLINK’s securities-related filings or documents.
16. Links to other
Web Sites
The Site may contain
links to other Web sites. WageLINK is not responsible for the content, accuracy
or opinions expressed in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us. Inclusion
of any linked Web site on WageLINK’s Site does not imply approval or endorsement
of the linked Web site by WageLINK. If You decide to leave our Site and access
these third-party sites, you do so at your own risk.
Please be aware that
WageLINK is not responsible for the privacy practices of such other sites. We
encourage our users to be aware when they leave WageLINK’s site and to read the
privacy statements of each and every Web site that collects personally
identifiable information. This privacy statement applies solely to information
collected by this Web site which includes any co-branded WageLINK Web sites
17. Transferability Of License
WageLINK agrees that,
with its approval in writing, the Member may transfer this Agreement to a
successor that has acquired substantially all of the Member's business or the
particular product line for which this Agreement has been entered into by the
Member. Succession shall include, but not be limited to, acquisition, merger,
change of corporate name, or change in the make-up, organization, or identity of
the Member. The transferee shall also be subject to all of the conditions stated
in this Agreement which shall be evidenced by its assent to the Terms of Use
agreement and the filing of a new membership application. The Member shall
notify WageLINK in writing within ninety (90) days after such a transfer occurs. Transferee will not be charged new
membership fees during the balance of the term of the original agreement.
18. Proposed
Product and Service Offerings
All descriptions of
proposed products and services are based on assumptions subject to change and
You should not rely on the availability or functionality of products or services
until they are actually offered through the Site. WageLINK, LLC reserves the
right in its sole discretion to determine how registration and other promotions
will be awarded. This determination includes, without limitation, the scope,
nature and timing of all such awards.
19. Information and
Press Releases
The Site contains
information and press releases about us. While this information was believed to
be accurate as of the date prepared, WageLINK disclaims any duty or obligation
to update this information or any press releases. Information about companies
other than WageLINK, LLC contained in the press release or otherwise, should not
be relied upon as being provided or endorsed by WageLINK.
20. Choice of Law,
Statute of Limitations, Construction, Severability, and Waiver
These Terms of Use
will be governed by and construed in accordance with the laws of the State of
New York, United States of America, without giving effect to its conflict of
laws or your actual state or county of residence.
If for any reason a court of competent jurisdiction finds any provision or
portion of the Terms of Use to be unenforceable, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and effect.
The Member acknowledges that
New York
provides for varying statute of limitations (time in which a claim or lawsuit
may be brought). The Member agrees that
all statutes of limitations to bring any claim or lawsuit against WageLINK shall
be one year.
All actions shall be subject to the limitations set forth in Section 8 and
Section 10. The language in this
Agreement shall be interpreted as to its fair meaning and not strictly for or
against either party.
WageLINK makes no claims that the Materials may be lawfully viewed or
accessed 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
the
United States
, you do so at your own risk and are responsible for compliance with the laws of
your jurisdiction. These Terms of Use
are governed by the internal substantive laws of the
New York State
, without respect to its content of law principles. Jurisdiction for any claims arising under
this agreement shall lie exclusively with the state or federal courts within
Eastern District of New York. You
expressly submit to the exclusive jurisdiction of said courts and consents to
extra-territorial service of process.
No waiver of any term of these Terms of Use 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 of Use
constitute the entire agreement between You and WageLINK with respect to the use
of the Web Site. No changes to these
Terms of Use shall be made except by a revised posting on this page.
These Terms of Use 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 Use will be effective only if in writing and signed by
WageLINK.
To the extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
21. Use of Cookies
WageLINK does not now,
but may in the future, use "cookies" "Cookies" are small pieces of information
that are stored by your browser on your computer, and are commonly used by most
Web sites to provide You with an enhanced experience If used by WageLINK, our
cookies will not contain any personally identifying information. Most Web
browsers automatically accept cookies, but You can usually change your browser
to inform You or prevent the use of cookies.
22. Log Files
Like most Web sites,
we log the use of our service. This includes, but is not limited to, the type of
report being requested and the number of records found that met the search
criteria. This information is linked to
the individual, logged-on user. WageLINK
also keeps logs of the Internet protocol (IP) addresses, browser type, Internet
service provider (ISP), referring/exit pages, platform type, date/time stamp,
and number of clicks in order to administer the site, track aggregate movement,
analyze trends, and gather broad demographic information for aggregate use.
23. Security
We take every
precaution to protect our users' information. When our users enter sensitive
information (such as credit card information), that information is protected
using SSL encryption. While on a secure page (such as our Order Form) the lock
icon on the bottom of most Web browsers such as Netscape Navigator and Microsoft
Internet Explorer becomes locked. Users who have any questions about the
security at our Web site are encouraged to contact us as indicated below.
24. Confidentiality
We are sensitive to the privacy and security
of your personal information. However, we cannot guarantee absolute security as
such information may be transmitted using the Internet, other public
telecommunication networks, servers, hardware or software ("systems") that are
not owned, operated, or controlled by us.
25. Legal Disclaimer
Though we make every
effort to preserve user privacy, we may need to disclose personal information
when required by law wherein we have a good-faith belief that such action is
necessary to comply with a judicial proceeding, a court order, or legal process
served to us.
26. Newsletters
WageLINK does not
currently publish newsletters. If
WageLINK does, at some time in the future publish a newsletter, and if a user
wishes to subscribe to our newsletter, we request an e-mail address. Out of
respect for our users’ privacy, we enable subscribers to opt-out of these
communications by following the Opting-Out practices outlined below.
27. Service Announcements
On rare occasions it
may be necessary to issue a service related announcement (for instance, if our
service is undergoing maintenance). These communications are not promotional in
nature and users may not opt-out of these communications (although users can
deactivate their account).
28. Customer Service Communications
At a user's request,
we may communicate via e-mail, chat, or telephone to answer service-related
questions.
29. Opt-Out Policy
Users who no longer
wish to receive our newsletter, promotional communications, or survey
invitations may opt-out by replying to any received e-mail with "remove" or
"unsubscribe" in the subject line or by contacting us as indicated below.
30. Maintaining, Updating, Deleting, or
Deactivating Personal Information
If a user's personally
identifiable information changes (such as zip code, phone, e-mail or postal
address), or if a user no longer desires our service, we provide a way to
correct, update or delete/deactivate users' personally identifiable information.
This can be done by e-mailing Customer Support at support or by visiting: http//www.info@wagelink.net. We may also be reached using the contact
information below.
Ted Turnasella
WageLINK, LLC
81 Edgewood Road
West Islip,
NY
11795
631 669-0667
31. Notification of Privacy
Policy Changes
If we decide to change
our privacy policy, we will post notification of those changes to this privacy
statement on the home page so users are always aware of what information we
collect, how we use it, and under what circumstances, if any, we disclose it. We
will use information in accordance with the privacy policy under which the
information was collected. If however,
we are going to use users' personally identifiable information in a manner
different from that stated at the time of collection, we will notify users via
e-mail. Users will have a choice as to whether or not we use their information
in this different manner. However, if users have opted out of all communication
with the site, or deleted/ deactivated their account, then they will not be
contacted, nor will their personal information be used in this new manner. In
addition, if we make any material changes in our privacy practices that do not
affect user information already stored in our database, we will post a prominent
notice on our Web site notifying users of the change. In some cases where we
post a notice we will also e-mail users who have opted to receive communications
notifying them of the changes in our privacy practices.
32. Contact Information
If users have any
questions or suggestions regarding our privacy policy, site security, or other
item, please contact us at:
WageLINK, LLC
81 Edgewood Road
West Islip,
NY
11795
Phone: 631 669-0667
Fax:
631 669-0667
E-Mail:
ted@wagelink.net
If users have questions or concerns regarding this statement, they should
first contact Ted Turnasella at ted@wagelink.net or 631 669-0667.
33. Acceptable Site Use
General Rules: Users
may not use any WageLINK Site in order to transmit, distribute, store or destroy
material, including without limitation Web Site Content, (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.
34. Site Security Rules
Users are prohibited
from violating or attempting to violate the security of any WageLINK 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 any WageLINK Site,
overloading, "flooding”, "spamming", "mail bombing" 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.
35. Specific Prohibited Uses
WageLINK Sites 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:
v
Using any device, software or routine to interfere or attempt to interfere with
the proper working of any WageLINK Site or any activity being conducted on this
site.
v
Taking any
action which imposes an unreasonable or disproportionately large load on any
WageLINK Site's infrastructure.
v
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.
v
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 any WageLINK Site other than the search engine and search agents
available from the Company on such WageLINK Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer).
v
Attempting to
decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of any WageLINK Site.
v
Aggregating,
copying or duplicating in any manner any of the Web Site Content or information
available from any WageLINK Site.
v
Framing of or
linking to any of the Web Site Content or information available from any
WageLINK Site.
36. 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.
37. 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 any WageLINK 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.
38. By submitting content to any public
or non-public area of any TMP Site, including message boards, forums, contests
and chat rooms, You grant the Company and its affiliates the loyalty-free,
perpetual, irrevocable, sub-licensable (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.
39. 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:
a. The physical or electronic
signature of either the copyright owner or of a person authorized to act on the
owner's behalf
b.
A description of the copyrighted work You claim has been
infringed, and a description of the activity that You claim to be infringing;
c. 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;
d. Your name, address, telephone
number and, if You have one, Your e-mail address;
e.
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
f
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.
We have designated Ted Turnasella as our agent to receive notices of claims
of copyright infringement on our web site. You can contact as follows:
Company Name: WageLINK, LLC
Address:
81 Edgewood Road, West Islip, NY 11795
Phone:
631 669-0667
E-Mail:
ted@wagelink.net
40. Policy Regarding Termination Of Users
And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual
Property Rights Of Others
WageLINK, 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 or any other WageLINK 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 and/or the other WageLINK Sites 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.
41. The Company's Liability
Because user
authentication on the Internet is difficult, the Company 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 any
WageLINK Site, 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.
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 and/or the other TMP Sites.
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 and/or the other TMP
Sites.
The Web Site Content
may contain inaccuracies or typographical errors. The Company makes no
representations about the accuracy, reliability, completeness, or timeliness of
any WageLINK Site or the Web Site Content. The use of WageLINK Sites and the Web
Site Content is at Your own risk. Changes are periodically made to WageLINK
Sites 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 WageLINK Sites.
42. 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 any WageLINK Site.
43. 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
the other WageLINK Sites and immediate termination of Your registration with or
ability to access this Web Site and the other WageLINK Sites 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 or other WageLINK Site registration.
44. Capacity to Consent
Member hereby states,
affirms and attests that they are over the age of 18, possessing full mental
capacity to enter into this agreement, and are not under the influence of drugs,
alcohol or any other controlled substance that would impair their ability to
understand and enter into this agreement. Member further states and affirms that
they are entering into this agreement of their own free will.
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