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Terms and
Conditions
This
page states the "Terms and Conditions" under which you
may use NuSource.com. 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.
NuSource Solutions Inc. (the "Company") may revise these
Terms and Conditions at any time by posting the revised version
on our Web Site and make it available via a link from our home page.
You agree that your continued use of this Web Site after such revision
shall signify your acceptance of any such change. Otherwise, these
terms and conditions may not be amended except in writing signed
by both parties. 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 NuSource.com
(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, its content suppliers, agents 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, either directly
or through third-parties. 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, pays commissions
only (no significant salary), 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.
Eligibility
If you register for
a Membership then you represent and warrant that you are 18 or over
and are eligible for our services in accordance with these Terms
and Conditions. A Membership is established at the time a logon
ID and password are created.
Fees
We may add, delete
or change some or all of the services provided at no fee as part
of the Membership at any time. By enrolling, you obtain the services
and the functionality associated with the Membership as we establish
from time to time in our sole discretion.
At this time, Membership
is provided at no fee to individuals seeking employment. You agree
that we may charge for certain features of your Membership and/or
additional premium services offered in the future and that you will
be responsible for all charges (including tax) for using such additional
services if you choose to continue use or elect the premium service.
You will be provided advanced notice of any imposition of, or increase
of, fees and given the option to continue use or to terminate your
Membership.
User Information
When you register
for the Web Site, you will be asked to provide the Company with
certain information including, without limitation, valid email address(es),
mailing address(es) and telephone number(s) where you may be contacted,
resume and other information useful in contacting you and evaluating
your qualifications and experience (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.
You expressly consent
to certain disclosures and use of your personal information, profile
and resume to the Company, potential employers and third parties,
as described in our then-current privacy policy, which is incorporated
herein by reference. View
our current privacy policy.
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 conduct 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 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.
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.
The Company’s Liability
NuSource.com is only
a venue. This Web Site acts as a venue for employers and other third
parties to search for candidates 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, NuSource.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 NuSource.com, 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 or third parties 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
job related information 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 Term 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.
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 Commonwealth of Massachusetts, 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 Boston, Massachusetts. 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 may be 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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