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Please read this agreement carefully. It contains the Terms and Conditions governing your access
to and use of the hundredK.com Web Site. If you do not accept these Terms and Conditions or you
do not meet or comply with their provisions, you may not use the Site.
These Terms and Conditions (as they may be amended from time to time by
hundredK.com) form a binding agreement between you and hundredK.com. Your access to
or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing
to use the Site at your own risk.
This Site is owned and operated by hundredK.com, and, unless otherwise
noted, hundredK.com owns the Copyright in all materials provided here. No material from
this Site may be copied, modified, reproduced, republished, uploaded, posted, transmitted,
or distributed in any manner or form except as explicitly provided below. Modification of
the materials or use of the materials for any purpose other than those purposes explicitly
permitted below is a violation of hundredK.com's copyright and/or other proprietary rights.
You shall not copy or adapt the HTML code that is used to generate this Site. The use of
any materials from this Site on any other website or networked computer environment is
prohibited unless permission is obtained in writing from hundredK.com. The Site itself,
including all textual and graphic content, is copyrighted by hundredK.com, with all rights
reserved.
You may view and download a single copy of the information contained
in this Site (the "Materials") on a single computer for your personal, non-commercial
internal use only. This is a revocable license, not a transfer of title, and is subject
to the following restrictions: you may not (i) modify the Materials or use them for any
commercial purpose, or any public display, performance, sale or rental; (ii) decompile,
reverse engineer, or disassemble the Materials; (iii) remove any copyright, trademark
registration, or other proprietary notices from the Materials; or (iv) transfer the
Materials to another person.
General Rules: You may not use this Site in order to transmit,
distribute, store or destroy material (i) in violation of any applicable law or
regulation, (ii) 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 (iii) in a manner that is defamatory, obscene,
threatening, abusive or hateful.
Web Site Security Rules: You are prohibited from violating or attempting to violate
the security of this Site, including, without limitation, (i) accessing data not intended
for you or logging into a server or account which you are not authorized to access, (ii)
attempting to probe, scan, or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization, (iii) attempting to
interfere with service to any user, host, or network, including, without limitation, by
way of submitting a virus to this Site, overloading, "flooding", "spamming", "mail bombing",
or "crashing", (iv) sending unsolicited e-mail, including promotions and/or advertising of
products or services, or (v) 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. hundredK.com 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.
This Site may be used only for lawful purposes by individuals
seeking employment and career information and employers seeking employees. As one of the
conditions of your use of this Site, you represent, warrant, and agree that you will not
use (or plan, encourage, or help others to use) this Site for any purpose or in any manner
that is prohibited by these terms, conditions and notices or by applicable law (including
but not limited to any applicable export controls). It is your responsibility to ensure
that your use of this Site complies with these terms and conditions (the "Terms and
Conditions") and to seek prior written consent from hundredK.com for any uses not permitted
or not expressly specified herein. hundredK.com specifically prohibits any use of this Site,
and you hereby agree not to use this Site, for any of the following:
(i) Posting any incomplete, false or inaccurate information about yourself, your
organization, and/or your postings. Further, organizations and/or individuals which
represent hiring organizations (i.e. recruiting or staffing agencies) must identify
themselves as such on the site during the signup process and must not otherwise
misrepresent themselves or the positions that they post;
(ii) Posting any material that is not entirely your own or for which you do not
have full rights to use;
(iii) Posting, advertising, or otherwise promoting any franchise, "pyramid" scheme,
"club membership," distributorship or sales representative agency arrangement or
other business opportunity that requires an up-front or periodic payment, pays
commissions only (no significant salary), requires recruitment of other members,
sub-distributors or sub-agents;
(iv) Deleting or otherwise revising any material posted by any other person;
(v) 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;
(vi) Taking any action that imposes an unreasonable or disproportionately large
load on this Site's infrastructure (including without limitation "flooding,"
"spamming," "mail bombing," or "crashing" the Site);
(vii) 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 hundredK.com on this Site and other than generally available third party Web
browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.). hundredK.com considers
more than 1,000 resume views per user license per week to be abuse, and hundredK.com
reserves the right to terminate access to the product and collect full contract
value in the event of such abuse;
(viii) Accessing data not intended for you or logging into a server or account that
you are not authorized to access;
(ix) Probing, scanning, or testing the vulnerability of a system or network or to
breach security or authentication measures without proper authorization;
(x) Forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting;
(xi) If you have a password, allowing any other person to access a non-public
area of this Site, disclosing to or sharing your password with any third parties
or using your password for any unauthorized purpose; and
(xii) Attempting to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of this Site.
(xiii) Technical processing and transmission of the service, including your Content,
may involve (a) transmissions over various recruiter, headhunter, and or various
related job board sites and networks to view your information; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices; and
(c) includes receipt of newsletters, evaluations, marketing materials from third
parties from registration for participation as deemed necessary by hundredK.com.
You agree not to resell or assign your rights or obligations
under these Terms and Conditions. You also agree not to make any unauthorized
commercial use of this Web Site.
We appreciate hearing from our customers and welcome your comments
regarding our services and this Site. Please be advised, however, that our policy
does not permit us to accept or consider creative ideas, suggestions, inventions or
materials other than those which we have specifically requested. While we do value your
feedback on our services, please be specific in your comments regarding our services
and do not submit creative ideas, inventions, suggestions, or materials.
If, despite our request, you send us creative suggestions, ideas, drawings, concepts,
inventions, or other information (collectively the "Information"), the Information
shall be the property of hundredK.com. None of the Information shall be subject to any
obligation of confidence on our part and we shall not be liable for any use or
disclosure of any Information. hundredK.com shall own exclusively all now known or
later discovered rights to the Information and shall be entitled to unrestricted
use of the Information for any purpose whatsoever, commercial or otherwise, without
compensation to you or any other person who submitted the Information.
Furthermore, 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
Site you hereby agree not to, do the following things: (i) post material that is
copyrighted, unless you are the copyright owner or have the permission of the copyright
owner to post it; (ii) post material that reveals trade secrets, unless you own them or
have the permission of the owner; (iii) post material that infringes on any other
intellectual property rights of others or on the privacy or publicity rights of others;
(iv) post material that is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user or any other person or entity; (v) post a
sexually-explicit image or statement; (vi) post advertisements or solicitations of
business, post chain letters or pyramid schemes; (vii) impersonate another person;
(viii) 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.
When you register for our service(s) on the Site, you will be
asked to provide us with certain information, including but not limited to a valid
e-mail address (your "User Information"). hundredK.com's right to use your User
Information is described in our privacy policy. Please see our Privacy Policy for
further details regarding use of your Information. hundredK.com reserves the right to
offer third party services and products to you based on the preferences that you
identify in your Information and at any time thereafter; such offers may be made
by us or by third parties.
We respect the intellectual property of others and expect you to
do the same. At our discretion and in appropriate circumstances, we may terminate
your account(s) and/or prevent access to the Site by users who infringe upon the
intellectual property rights of others. Pursuant to 17 United States Code §512(c)
(2) (the Digital Millennium Copyright Act of 1998, as amended), you may contact our
designated agent for notice of alleged copyright infringement appearing on
our site via email at copyright@hundredk.com
To file a notice of infringement with us, you need to fulfill the requirements
specified in Title II of the Digital Millennium Copyright Act of 1998. The text of
this statute can be found at the U.S. Copyright Office web site,
(http://lcweb.loc.gov/copyright).
This Site contains links to sites that are not maintained by hundredK.com.
While we try to include links only to those sites which are in good taste and safe for
our visitors, we are not responsible for the content or accuracy of those sites and cannot
guarantee that sites will not change without our knowledge. The inclusion of a link in this
Site does not imply our endorsement of the linked site. If you decide to access linked
third-party Web sites, you do so at your own risk.
This Site is only a venue - it acts as a venue for employers to post job opportunities
and candidates to post resumes and may not screen or censor the listings offered,
including but not limited to the identity of any user. We are not involved in any actual
transactions between employers and candidates. As a result, we have 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. Although you may be providing us with your information,
we are not obligated to forward your Information to any employer. Employers are solely
responsible for their postings on the Site. In addition, you acknowledge and agree that
hundredK.com does not represent or guarantee the truthfulness, accuracy, or reliability
of communications posted by users or endorse any opinions expressed by users. You also
acknowledge and agree that that any reliance by you on the Material will be at your own
risk, and you assume all risks associated with dealing with other users with whom you
come in contact through the Site. hundredK.com are not employers with respect to
you or your use of the Site and we shall not be responsible for any employment
decisions, for whatever reason made, made by any entity posting jobs on
the Site.
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND
ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR
PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR
NON-INFRINGEMENT. HUNDREDK.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. HUNDREDK.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HUNDREDK.COM)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, act of God/act of nature, communication
line failure, theft or destruction or unauthorized access to, alteration of, or use
of record, whether for breach of contract, tort, negligence, or under any other cause
of action.
You specifically acknowledge and agree that hundredK.com is not liable for your
defamatory, offensive, infringing or illegal materials or conduct or that of third
parties, and we reserve the right to remove such materials from this Site without
liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL HUNDREDK.COM BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF HUNDREDK.COM
OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL HUNDREDK.COM TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE.
We may terminate this license at any time if, in our sole
discretion and judgment, you fail to comply with any term or provision of this
Agreement. Upon termination, you shall destroy any materials obtained from this
Site and all copies thereof, whether made under the terms of this Agreement or
otherwise.
Membership is free to all Standard members and can be cancelled at any time.
The first month's subscription fee for Premium members is non-refundable.
Cancellations for Premium membership renewal (every month after the first)
must be made at least 5 days prior to the next renewal period by sending us an
email at billing@hundredk.com.
You agree to defend, indemnify, and hold harmless hundredK.com,
its officers, directors, employees, and agents from and against any claims, actions,
or demands, including without limitation reasonable legal and accounting fees,
arising from your use of the materials or your breach of the terms of this
Agreement. hundredK.com shall provide notice to you of any such claim, suit, or
proceeding and shall assist you, at your expense and in our discretion, in defending
any such claim, suit or proceeding.
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