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Effective date: February 06, 2014
Please note that EColony, LLC is not responsible for loss of anonymity due to content supplied by the user or due to a software malfunction during the beta period. Beta will be removed from the logo on the ITJobMatch.com home page for the stable release - when it is considered by management to be generally available to the public and no longer in the beta testing phase of product development.
The Site and Services enable you to (a) access and view the Content; and (b) connect with other users of the Site ("Users") via the embedded message function ("Message Function"), or otherwise. We have no responsibility, liability or control over and hereby expressly disclaims all liability related to the use of the Site and/or Services by the Users. We do not take part in, and have no control over, the interaction between Users. Upon a dispute, Users must deal directly with each other, and we expressly disclaim all liability whatsoever for any claims and/or controversies for disputes that may arise between any Users.
This Site is intended for use by people 18 or over. We will not knowingly collect any information from children under the age of 13. You must identify your age during the registration process. We do not assume any responsibility, and hereby expressly disclaim all such liability, for any misrepresentations regarding your age or parental consent when using this Site.
We require visitors to the Site who wish to use the Services or access certain portions of the Site to go through a registration process that requires them to choose a password in order to "sign in" to our Services. Your subscriber name will be used to identify you on the Site. You may sign in to the Site, use the Services, or modify your information only through your own subscriber name and password. By registering, you certify that: the e-mail address you provide in the registration is accurate and belongs to you; and you are at least 18 years of age and are legally authorized to work;
You agree that we may rely on the certification set forth above as true, and may change the conditions of such certifications from time to time. If we determine that you have provided any false information to us when using or registering to use the Site, we will terminate your membership immediately.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your subscriber name and password. You should notify us promptly if you identify an unauthorized use or a security breach related to the Site and/or Services.
Your License to Us. By submitting material to any areas of the Site or within the Services, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we (including our partners, agents, affiliates and service providers (each a "Third Party Provider" and collectively, "Third Party Providers") may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. With respect to any content or materials that you post in public areas of the Site or Services, you agree that we may distribute, share or otherwise provide such material under any terms we see fit to any Users, without the requirement of providing you any form of compensation. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Information contained on or made available through the Site or through our Services is not certified or tested. This includes information about us, third parties and the Users. We disclaim any duty or obligation to update or monitor this information. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site or used in or generated by our Services. Your use of information on the Site (including without limitation, contact information for Users), provided through our Services, or materials linked to the Site is entirely at your own risk.
You may provide links to the Site, provided (a) that you do not
remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does
not engage in illegal or pornographic activities, (c) you
discontinue providing links to the Site immediately upon request by
us; (d) you do not imply or state any sponsorship of your site by us;
and (e) you do not link to any page within the Site beyond the
home page or first
page, your personal profile page and/or your own job posting
You may not frame or in-line link any of the Content or the Services, or incorporate into any other web site or other service any of our intellectual property or any of our service providers.
We do not represent or warrant that the Site or the web ware used to provide our Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site and our Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site or used in our Services.
Third party content, including content posted by Users in the Message Function, may appear on the Site, may appear within the Message Function, or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Your use of the Message Function and the Site is at your own risk.
We also may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and you use these services at your own risk. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and Site traffic information.
Further, while using the Site or the Services, you may not:
To the fullest extent permitted by applicable law, we hereby disclaim, on our behalf, as well as on behalf of the affiliated parties, all warranties, express, implied or statutory, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
IN NO EVENT SHALL WE OR THE AFFILIATED PARTIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE SITE, THE SERVICES OR THE CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF THE AFFILIATED PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE, THE SERVICES OR THE CONTENT PROVIDED HEREUNDER WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE OR CONTENT UP TO USD $1.00 or the amount you have paid us in the past twelve months. The existence of multiple claims or suits under or related to these terms and conditions, the Site or content will not enlarge or extend the limitation of money damages. You and EColony, LLC EACH AGREE WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR.
Notice and Takedown Request
We respect others' intellectual property rights; however, the Site and the Services contain information that is provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on the Site or the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a written statement to our Copyright Agent at firstname.lastname@example.org (via electronic mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site or within the Service that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that any content that you previously submitted to us that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to our Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site or the Services at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Service and the Content provided therein.