| |
These "Terms and Conditions"
govern your use of the Web site known as IDEALPBX.COM ("the
Site"). Please read this page carefully.
Do not use this Web site and service if you are not willing
to accept the Terms and Conditions stated herein. By using
this Site, you are indicating your acceptance to be bound by
these Terms and Conditions. You are advised to check this
Terms and Conditions page periodically to review changes
that could be made at any time, because these changes are
binding on you. IS Technologies, LLC. may modify these Terms
and Conditions at any time in its sole discretion by
updating this posting. The terms "You" and "User" as used
herein refer to all persons and/or entities using this Site
for any reason.
Copyright Notice
The contents of this Site, such as the "look" and "feel" of
the Site, text, images, logos, button icons, software and
other "Material," are protected under both United States and
international copyright, trademark and other laws. All
Material is the property of IS Technologies, LLC. or its
content suppliers or customers. The compilation (meaning the
collection, arrangement and assembly) of all content on this
Site is the exclusive property of IS Technologies, LLC. and
is protected by U.S. and international copyright laws.
Unauthorized use of the Material may violate copyright,
trademark, patent and other laws. 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 or other code that IS
Technologies, LLC. creates to generate its pages. It is also
protected by IS Technologies, LLC.'s copyright.
Material Use
IS Technologies, LLC. authorizes you to view a single copy
of the material on this Site solely for your personal,
noncommercial, internal business purposes or as a job
applicant. You may not distribute such material to third
parties or use it to create directories or mailing or
marketing lists or for any other purpose. All content on the
Site, including, but not limited to software, databases,
text, graphics, images, logos, button icons, lists and other
material (collectively, the "Material") are protected under
both United States and international copyright, trademark
and other laws. All Material is the property of IS
Technologies, LLC., or its third party content suppliers or
clients. The collection of all content on this Site is the
exclusive property of IS Technologies, LLC. and is protected
by copyright and trademark laws of the United States and
other countries, international conventions and other
applicable 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 modify, copy, transmit,
create derivative works from, reverse engineer, disassemble
or otherwise attempt to discover any source code from any
software accessible or available through IS Technologies,
LLC., or sell, assign, sub-license or otherwise transfer any
right in such software. You may not incorporate the Material
for any purpose into another database, search engine, any
other Web site or in a networked computer environment of any
kind. You may not copy or adapt the HTML code that IS
Technologies, LLC. creates to generate its pages, since it
is protected by IS Technologies, LLC.'s copyright. Access to
this Site is monitored. The requesting URLs, the machine
originating the request and the time of the request are
logged for access statistics and security purposes. Use of
this Site constitutes consent to such monitoring.
User Information
Material on this Site may be changed, terminated or
updated without notice. IS Technologies, LLC. may also make
improvements and/or changes in the services described in
this Site at any time without notice. Any information or
material sent to IS Technologies, LLC. shall not be
considered confidential. By sending IS Technologies, LLC.
any information or material, you grant IS Technologies, LLC.
an unrestricted, irrevocable right and license to use such
information for its business purposes, including the right
to post job listings and resumes that you place on this
Site.
Permitted Site Use
You may refer to the URL of this Site without limitation,
but you may not link to this Site without IS Technologies,
LLC.'s prior written approval. You may not use the Site in
order to transmit, distribute, erase or store material (a)
in violation of any applicable law or regulation, (b) in a
manner that will infringe the patent, 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 harmful, defamatory, libelous,
vulgar, obscene, threatening, abusive, harassing or
otherwise objectionable.
You are prohibited from violating or attempting to violate
the security of the Site, including, without limitation: (a)
attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization, (b) accessing data
not intended for such user or logging into a server or
account which the user is not authorized to access, (c)
forging any TCP/IP packet header or any part of the header
information in any e-mail or posting (d) attempting to
interfere with service to any user, host or network,
including, without limitation, via means of submitting a
virus or corrupted data to the Site, overloading, continuous
posting of repetitive text, "flooding," "spamming," "mailbombing"
or "crashing," (e) sending unsolicited e-mail, "junk mail,"
"chain letters," including promotional materials and/or
advertising of products or services, or any other form of
solicitation. Violations of system and network security may
result in civil or criminal liability.
Specific Prohibited Uses
The Site may only be used for lawful purposes. IS
Technologies, LLC. specifically prohibits any use of the
Site, and all users agree not to use the Site, for any of
the following:
- Posting any incomplete,
false, inaccurate or misleading biographical information
or information which is not your own accurate resume.
Recruiters representing candidates may not send that
candidate's resume in response to a job posting.
- Deleting or changing
another person's information posted on the Site.
- Posting or transmitting
any message, information, data, text, software or
images, or other material that may invade another's
privacy or publicity rights or is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous,
vulgar, obscene or otherwise objectionable.
- Posting a sexually
explicit image or statement.
- Using any device,
software or routine to interfere or attempt to interfere
with the proper working of this Site or any activity
being conducted on this Site.
- Taking any action that
imposes an unreasonable or disproportionately large load
on this Site's infrastructure.
- 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 Site other than the search
engine and search agents available from IS Technologies,
LLC. on this Site and other than generally available
third-party Web browsers (e.g., Netscape Navigator,
Microsoft Explorer).
- Copying or duplicating
any of the materials or information available from the
Site.
- Framing of or linking to
any of the materials or information available from the
Site.
- Feedback and Information
Any feedback that you provide
at this Site, including but not limited to, electronic and
written correspondence, shall be deemed to be
non-confidential and can be used by IS Technologies, LLC.
without limitation.
Indemnification
By using this Site, you agree to indemnify, hold harmless
and defend IS Technologies, LLC. from any claims, damages,
losses, liabilities and all costs and expenses of defense,
including but not limited to attorneys' fees, resulting
directly or indirectly from your use of this Site, unless
such claims, damages, losses, liabilities, costs and
expenses arise from and have directly and solely been caused
by the gross negligence or intentionally wrongful acts of IS
Technologies, LLC.
Warranty Disclaimer
IS Technologies, LLC. makes no representations or warranties
regarding the effectiveness of the Site or its content in
meeting your employment objectives. IS Technologies, LLC.
does not guarantee that any employer or client will ask for
your resume, ask to interview you or hire you. IS
Technologies, LLC. does not guarantee to any employer or
client the availability of resumes or candidates, or that
any candidate will meet your needs.
IS Technologies, LLC. uses reasonable care in compiling and
presenting the information found on this Site. However, the
accuracy of information supplied by candidates, employers
and other users is not within the control of IS
Technologies, LLC., and IS Technologies, LLC. does not
certify that it has verified any information in any job
listing, resume, file or other posting entered into the IS
Technologies, LLC. database or available on this Site.
Further, IS Technologies, LLC. does not assume liability for
any errors or omissions in the content on this Site or any
third party site, including, but not limited to,
typographical errors, inaccuracies, outdated information, or
broken links. This Site and all information within it are
provided on an "as is" basis without any warranties of any
kind, express or implied. IS Technologies, LLC. expressly
disclaims liability for errors or omissions in the
information found on this Site.
IS Technologies, LLC. expressly disclaims all warranties,
express or implied, including without limitation the
warranties of merchantability, fitness for a particular
purpose, title, and noninfringement with respect to this
Site and information. You acknowledge that in any computer
system and any network of computer systems there is certain
to be "downtime" due to mechanical, telecommunication,
software, hardware and third-party vendor failures during
which IS Technologies, LLC. will be unable to provide this
Site to you. IS Technologies, LLC. cannot predict or control
when such "downtime" may occur and cannot control the
duration of such "downtime."
IS Technologies, LLC. uses this Site to provide the access,
computer services and connections that link the IS
Technologies, LLC. database to the Internet and other
network systems. IS Technologies, LLC. has authority or
control only over the operation of this Site. Nevertheless,
you understand and agree that the Internet is inherently
unreliable and subject to breaches of security. Therefore,
IS Technologies, LLC. cannot be responsible for the
integrity of any information, file or other posting
available on or sent to this Site.
IS Technologies, LLC. has no authority or control over the
content, operation or performance of any portion of the
Internet including other Web sites to which this Site may be
linked or from which this Site may be accessed. A link to a
Web site not owned or operated by IS Technologies, LLC. does
not mean that IS Technologies, LLC. endorses or accepts
responsibility for the content or use of such Site and such
link is being provided to you merely as a convenience.
Reference to any product, process, publication, service or
offering of any third party by trade name, trademark,
manufacturer or otherwise does not necessarily constitute or
imply its endorsement or recommendation by IS Technologies,
LLC.. The views and opinions of employers, candidates and
other users of this Site do not necessarily state or reflect
those of IS Technologies, LLC.
Limitation of Liability
IN NO EVENT WILL IS Technologies, LLC. BE LIABLE FOR DAMAGES
OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF IS
Technologies, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING
PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY
REASON, THEN IS Technologies, LLC.'S MAXIMUM LIABILITY TO
YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $25.00.
Proprietary Information (Trademarks and Service
Marks)
Certain portions of this Site contain information that is
considered confidential and proprietary. This information is
not available to the general public. Any attempt to access
this information will be prosecuted to the fullest extent
possible under local, state, national and international law.
Nothing contained herein shall be construed as conferring by
implication, estoppel or otherwise, any license or right
under any patent, copyright, trademark or other intellectual
property right of IS Technologies, LLC. or any third party,
except as expressly granted herein.
IS Technologies, LLC., through its subsidiaries, maintains a
number of trademarks, trade names and service marks in the
United States including, but not limited to its name, IS
Technologies, LLC., IDEALPBX.COM, and all associated
graphics and logos.
Forward-Looking Statements
The Private Securities Litigation Reform Act of
1995 provides a safe harbor for forward-looking statements
made by or on behalf of IS Technologies, LLC.. This Site may
from time to time contain "forward-looking" statements
regarding IS Technologies, LLC.'s future financial
performance or other future events. These statements are
based on certain assumptions and analysis made by IS
Technologies, LLC. in light of its experience and its
perception of historical trends, current conditions,
expected future developments and other factors IS
Technologies, LLC. believes are important under the
circumstances. Such statements are subject to a number of
risks and uncertainties. Among others, factors that could
cause actual results to differ materially from IS
Technologies, LLC.'s beliefs or expectations are: industry
trends and trends in the general economy, competitive
factors in the markets in which IS Technologies, LLC.
operates, changes in regulatory requirements which are
applicable to IS Technologies, LLC.'s business, acquisitions
and additional factors discussed in IS Technologies, LLC.'s
filing with the U.S. Securities and Exchange Commission. The
Company's performance may differ materially from any
projections contained in this Site.
General
IS Technologies, LLC. 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 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
Florida, without respect to its conflict of laws principles.
Jurisdiction for any claims arising under your use of this
Site shall lie exclusively with the state or federal courts
within Ft. Lauderdale, Florida. 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. No changes to these
Terms and Conditions shall be made except by a revised
posting on this page.
|
|
