1. ACCEPTANCE.
Welcome to the IT Personnel Solutions website (the “Site”). This page (“Notice”) states the terms and conditions of the Site. PLEASE REVIEW THIS NOTICE CAREFULLY. By accessing, browsing, or using the Site (“Use”), all users and viewers (“You,” “you,” “User,” or “user”) acknowledge acceptance of the terms and conditions listed in this Notice. IT Personnel Solutions (“ITPS”) reserves the right to update this Notice from time to time in its sole discretion. Continued use of the Site after any such changes constitutes acceptance of any new terms. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS LISTED IN THIS NOTICE, YOU ARE PROHIBITED FROM USING THE SITE.
2. COPYRIGHT AND TRADEMARKS.
Access to and use of this Site is subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations, or for any illegal purpose whatsoever. The information available on or through this Site is the property of ITPS, and is protected by copyright, trademark, and other intellectual property laws. User may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes. User may not use the trademarks, logos and service marks (“Marks”) for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web without the written permission of ITPS.
3. EMPLOYMENT.
You understand and agree that ITPS (a) does not warrant that you will receive any employment or job offers through the Site; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any regard. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.
4. USER SUBMISSIONS.
The Site provides a forum for you to possibly obtain employment and career information. By submitting or entering your information and resume to the Site (“Submitted Material”), you agree that you grant ITPS an irrevocable right, but not the obligation to use, copy, modify, display, distribute, store, transmit, and publish, in its entirety or in part, your Submitted Material, and by any means. You acknowledge and understand that Submitted Material may be stored on an ITPS internal database and not on this Site.
You acknowledge and accept that the ITPS website is only a passive forum for users to obtain employment and career information. ITPS does not screen or monitor any Submitted Materials. ITPS therefore makes no representations regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. ITPS reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that ITPS considers to be unacceptable. In the event ITPS receives notification from any third party regarding any Submitted Materials, ITPS may, in its sole discretion investigate such materials.
5. WEBSITE USAGE
In connection with your Use, you agree NOT to (a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; (b) infringe any intellectual property and privacy rights, including but not limited to, patent, copyright, trademark, or trade secrets, of any third party; (c) decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained on the Site (“Material”); (d) upload, post, transmit, or store any material that:
(i) is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene or objectionable;
(ii) breaches any of your contractual or confidentiality obligations;
(iii) disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
(iv) are not permitted by ITPS, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangements, or otherwise unacceptable materials;
In addition to the general responsibilities listed above, you further agree to (a) use the Site only for lawful purposes in searching for employment opportunities and career information; (b) provide and maintain complete, up-to-date, and accurate information on your submitted information; and (c) post materials for which you have all the necessary rights or licenses.
6. LINKS TO THIRD PARTY SITES.
This Site may contain links that will allow you to access other websites that are not under the control of ITPS. The links are only provided as a convenience and ITPS does not endorse any of the sites. ITPS assumes no responsibility or liability for any material that may be accessed on other websites reached through this Site, nor does ITPS make any representation regarding the quality of any product or service contained at such site.
7. LINKS FROM THIRD PARTY SITES.
ITPS prohibits unauthorized links to the Site and the framing of any information contained on the Site or any portion of the Site. ITPS reserves the right to disable any unauthorized links or frames. ITPS has no responsibility or liability for any material on other websites that may contain links to this Site.
8. DISCLAIMER
YOU ACKNOWLEDGE AND ACCEPT THAT:
1) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS;
2) ITPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE;
3) ITPS EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; THE SITE WILL BE UNINTERRUPTED AND SECURE; AND AVAILABLE AT ALL TIMES.
9. LIABILITY AND LIMITATION OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE ITPS, AND HOLD ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT AND CONSEQUENTIAL) OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOU USAGE OF THE SITE.
YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ITPS, OR ANY OF ITS OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, IN CONTRACT, TORT, OR BREACH OF WARRANTY, EVEN IF ITPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, ITPS’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $100.
10. INDEMNITY.
You agree to indemnify, defend, and hold ITPS, its subsidiaries, affiliates, officers, directors, agents, employees harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.
11. TERMINATION.
ITPS reserves the right, in its sole discretion, to terminate any services of the Site and remove any Materials or Submitted Materials from the Site. ITPS may also terminate your access to any part or all of the services provided by ITPS on the Site at any time, with or without cause or notice, for any reasons
12. GENERAL.
This Notice constitutes the entire agreement between you and ITPS governing your Use of this Site and is in addition to any binding agreement between you and ITPS. This Notice is governed by the laws of the State of Texas, United States of America, without giving effect to any principles of conflict of laws. User agrees that any and all proceedings relating to this Site and the subject matter contained herein shall be maintained in the courts of the State of Texas or the federal district courts sitting in Texas, which courts shall have exclusive jurisdiction for such purpose. If any provision of this Agreement is 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 this Agreement, which shall remain in full force and effect.
Privacy
How We Protect Your Privacy
Because our site permits individuals/companies to submit e-mail, resumes and job orders, we have developed this Privacy Statement to inform site visitors of our policies and practices regarding such information.
At some places on our site, the use of a "cookie" may be offered. Most browsers now recognize when a "cookie" is offered, and permits the user to opt out of receiving it. If you are not sure whether your browser has this capability, you should check with the software manufacturer or your Internet service provider. "Cookies" are used on our site to facilitate use of an area of the site. We do not use "cookies" to collect and distribute information to third parties for marketing purposes.
Visitors are able to send e-mail through this site, and their messages will contain their user's screen name and email address, as well as any additional information the user may wish to include in the message ("Contact Information"). Opportunities to send e-mail through the site are not acts of solicitation of identifying information by I.T. Personnel Solutions, Inc.; rather, e-mail options let individuals send comments and communications to us. These messages are forwarded through the site to the appropriate persons within I.T. Personnel Solutions, Inc. to respond, at their discretion. Contact Information may be used to follow up on a visitor's interest for business-related purposes. These purposes include informing the user about I.T. Personnel Solutions, Inc. services that may be of interest, or to contact the user as part of the process of business development.
By providing I.T. Personnel Solutions, Inc. with a copy of a user's resume, the user explicitly and unambiguously consents to the processing of such resume by I.T. Personnel Solutions, Inc., its parents, subsidiaries, affiliates, licensors, licensees, and existing or prospective clients. Resumes that are submitted to I.T. Personnel Solutions, Inc. in response to information on this site are forwarded to the appropriate persons within I.T. Personnel Solutions, Inc. for consideration and response, at their discretion. E-mail and resumes are retained or disposed of at the recipient's discretion. User updates of Contact Information submitted should be handled by resubmitting thru e-mail.
Inquiries about the accuracy of Contact Information previously submitted to I.T. Personnel Solutions, Inc. through this Site, or requests to have outdated information removed, should be directed to: support@itpersonnelsolutions.com