1. Acceptance of Agreement
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. You may not copy, download, reproduce, post, transmit, upload, redistribute, use or publish by any such matters or any part of the Site. It is strictly prohibited. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. The Site(model of weighting and ranking potential employees based on hard skills and workplace preferences) is copyrighted as a collective work under the United States copyright laws. Except as expressly provided for in these conditions of use, you shall not copy, distribute, download, publish, or create a derivative work from the site or any part thereof.
3. Service Marks
TéchneHire™, TéchneHire.com and related marks are the trademark/service marks of Sourceon,Inc. and are proprietary.
4. Permitted Uses of the Software
This site contains or may use proprietary software. You shall have no rights to this proprietary software or related documentation, or any enhancements or modifications thereto, provided to you. Unless otherwise specified in a purchase or licensing agreement , you may not copy, distribute, sell, decompile, disassemble, modify, reverse engineer, create derivative works from or otherwise reduce the TéchneHire software or the Site Software.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal and personal purposes; and (c) to print out discrete information from the Site solely for internal and personal purposes and provided that you maintain all copyright and other policies contained therein. In no event may you, directly or indirectly, sell or offer for sale , upload , distribute, or otherwise publish any Content accessed through the site or any form or medium.
Restrictions and Prohibitions on Use
5. Behavior On Site and Submissions
You shall not upload to, or distribute or otherwise publish throughout the Site any Content which violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets, and other proprietary rights.
You shall not upload to, or distribute or otherwise publish through, the site any content which is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law, or which contain viruses, “worms”, “trojan horses” , or any other harmful properties, or use the Site for, or to further, any illegal purpose.
You shall not, without the express approval of TéchneHire, upload to, or distribute, broadcast (by email or otherwise) or otherwise publish through, the Site any Content containing any solicitation of funds, advertising or solicitations for goods or services, except that such restriction shall not prevent you from sending private email in the ordinary course of business,
6. Disclaimer Errors, Corrections, and Changes
We may match potential employees to employers based on hard skills and workplace preferences. Content on this site is provided “AS IS” and without warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, TéchneHire and Sourceon, Inc. disclaim all warranties express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Content on this site may contain technical inaccuracies or typographical errors. Content may be changed or updated without notice. TéchneHire may also make improvements and/or changes in the products and/or programs described in this information at any time without notice. We do not warrant that the functions contained in the content will be uninterrupted or error-free, that the defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components.
TéchneHire reserves the right in its sole discretion to edit or delete any Content displayed, uploaded to, or distributed, or otherwise published through the Site(other than Content in private email communications).
7. Linking to the Site
TéchneHire makes no representations whatsoever about any other website which you may access through this one. When you access a non- TéchneHire web site, it is independent from TéchneHire, and that TéchneHire an Sourceon, Inc. have no control over the content on that web site. In addition, a link to a non- TéchneHire website does not mean that TéchneHire endorses or accepts any responsibility for the content, or the use, of such website. TéchneHire does not maintain the resources that can be accessed from the links provided though the Site. Consequently, TéchneHire is not responsible for the contents of any such resources. In addition, TéchneHire does not make any warranty, express or implied, with respect to the use of the links provided. TéchneHire does not guarantee the accuracy, completeness, usefulness, or adequacy of any of these resources. It is up to the User to take precautions to ensure that whatever is selected is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Unauthorized links to the TéchneHire website are prohibited. Any links with this site must be approved in writing prior to the establishment of the link. TéchneHire is not liable for any damages or harm caused by links to this site.
The Site may contain advertising and sponsorships. 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.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
10. Third Party Content
Third party content may appear on the Site 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.
11. Unlawful Activity
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 traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
13. Nontransferable. Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable
The information, content and documents from or through the site are provided "as-is," "as available," with “all faults”, 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). 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, except as provided in section 17(b). 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 and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This site and the products, services, documents 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 or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
15. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable there from, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
the aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed the amount paid by you, if any and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.
16. Use of Information
17. Third-Party Services
We 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. 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 or purchase from such Merchantsat 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.
18. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant 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.
20. Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
21. Securities Laws
The Site may include statements concerning our 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 our 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 our securities-related filings or documents.
22. Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
b. A description of the copyrighted work that you claim has been infringed
c. A description of where the material that you claim is infringing is located on the Site
d. Your address, telephone number, and email address
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org
23. Information and Press Releases
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
24. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
25. Refund and Return Policy
To the extent that you purchase any goods or services directly from us, we will refund you your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request. You may request a refund by contacting us by email at email@example.com
This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. 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. 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. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.