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This page states the "Terms and Conditions"
under which you may use NCOStaffing.com. Please read this page
carefully. If you do not accept the Terms and Conditions stated here, do not use
this website and service. By using this website, you are indicating your acceptance
to be bound by the terms of these Terms and Conditions. For further information
relating to the legal issues contained in these Terms or problem reports regarding
this service, contact us using our online contact form,
e-mail us at
Sales@NCOStaffing.com,
or call 212.209.1007 and speak to one of our representatives.
NCO Staffing Inc. (the "Company") may revise
these Terms and Conditions at any time by updating this posting. You should
visit this page periodically to review the Terms and Conditions, because they
are binding on you. The terms "You" and "User" as used
herein refer to all individuals and/or entities accessing this website for any
reason.
Use of Material
The Company authorizes you to view and download a single copy of the material on
NCOStaffing.com (the "Website") solely for your personal,
noncommercial use.
The contents of this Website, such as text, graphics, images, logos, button icons,
software and other "Material", are protected under both United States
and foreign copyright, trademark, and other laws. All Material is the property
of the Company or its content suppliers or clients. The compilation (meaning
the collection, arrangement and assembly) of all content on this Website is the
exclusive property of the Company and protected by U.S. and international
copyright 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 sell or modify the Material
or reproduce, display, publicly perform, distribute, or otherwise use the
Material in any way for any public or commercial purpose. The use of the
Material on any other website or in a networked computer environment for any
purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate its
pages. It is also protected by the Company’s copyright.
Acceptable Site Use
General Rules: Users may not use the Website in order to transmit, distribute,
store or destroy material:
| a) |
in violation of any applicable law or regulation |
| b) |
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 |
| c) |
that is defamatory, obscene, threatening, abusive
or hateful. |
Website Security Rules. Users are prohibited from violating or attempting
to violate the security of the Website, including, without limitation:
| a) |
accessing data not intended for such user or
logging into a server or account which the user is not authorized to access |
| b) |
attempting to probe, scan, or test the
vulnerability of a system or network, or to breach security or authentication measures without proper authorization |
| c) |
attempting to interfere with service to any user,
host, or network, including, without limitation, via means of submitting a virus to the Website,
overloading, "flooding", "spamming", "mailbombing," or "crashing" |
| d) |
sending unsolicited e-mail, including promotions
and/or advertising of products or services, or |
| e) |
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. |
The Company 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.
Specific Prohibited Uses
The Website may be used only for lawful purposes by individuals seeking employment
and career information and employers seeking employees. The Company specifically
prohibits any use of the Website, and all users agree not to use the Website,
for any of the following:
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Posting any incomplete,
false or inaccurate biographical information or information which is not your own accurate resume
(living individual seeking employment on a full-time or part-time basis on his or her own behalf). |
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Posting any franchise, pyramid scheme,
"club membership", distributorship, or sales representative agency arrangement or
other business opportunity which requires an up front or periodic payment, pays commissions only
(no significant salary), requires recruitment of other members, sub-distributors or sub-agents. |
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Deleting or revising any material
posted by any other person or entity. |
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Using any device, software or routine
to interfere or attempt to interfere with the proper working of this Website or any activity
being conducted on this site. |
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Taking any action which imposes
an unreasonable or disproportionately large load on this Website’s infrastructure. |
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If you have a password allowing access
to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your
password for any unauthorized purpose. |
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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 Website other than the search engine and search agents available from the Company
on this Website and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer). |
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Attempting to decipher,
decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Website. |
User Information
When you register for the Website, you will be asked to provide the Company with
certain information including, without limitation, a valid email address
(your "Information"). In addition to the terms and conditions that may be
set forth in any privacy policy on this Website, you understand and agree that
the Company may disclose to third parties, on an anonymous basis, certain
aggregate information contained in your registration application. The Company
will not disclose to any third party your name, address, e-mail address, or
telephone number without your prior consent, except to the extent necessary or
appropriate to comply with applicable laws or in legal proceedings where such
information is relevant. The Company reserves the right to offer third party
services and products to you based on the preferences that you identify in your
registration and at any time thereafter; such offers may be made by the Company
or by third parties. Please see the Company’s
Privacy Policy
for further details regarding your Information.
User Submissions
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 Website you
agree not to, do the following things:
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post material
that is copyrighted, unless you are the copyright owner or have the
permission of the copyright owner to post it |
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post material
that reveals trade secrets, unless you own them or have the permission of the owner |
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post material
that infringes on any other intellectual property rights of others or on the privacy
or publicity rights of others |
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post material
that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing
to another user or any other person or entity |
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post
a sexually-explicit image or statement; post advertisements or solicitations of
business, post chain letters or pyramid schemes |
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impersonate
another person; 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. |
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of communications posted by users or endorse any opinions expressed
by users. You acknowledge that any reliance on material posted by other users
will be at your own risk.
The Company acts as a passive conduct for the online distribution and publication
of user-submitted information and has no obligation to screen communications or
information in advance and is not responsible for screening or monitoring
material posted by users. If notified by a user of communications which
allegedly do not conform to these Terms and Conditions, the Company may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. The Company has
no liability or responsibility to users for performance or nonperformance of
such activities. The Company reserves the right to expel users and prevent
their further access to the Website for violating the Terms and Conditions or
the law and the right to remove communications which are abusive, illegal, or
disruptive. The Company may take any action with respect to user-submitted
information that it deems necessary or appropriate in its sole discretion if it
believes it may create liability for the Company or may cause the Company to
lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Website, including
message boards, forums, contests ,and chat rooms, you grant the Company and its
affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through
multiple tiers), non-exclusive right (including any moral rights) and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, communicate to the public, perform, and display the content
(in whole or in part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed, for the full term of
any rights that may exist in such content. You also warrant that the holder of
any rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted to you the
right to grant the license stated above. You also permit any subscriber to
access, display, view, store, and reproduce such content for personal use.
Subject to the foregoing, the owner of such content placed on the Website
retains any and all rights that may exist in such content.
Registration and Password
You are responsible for maintaining the confidentiality of your information and
password. You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately
notify the Company
of any unauthorized use of your registration or password.
The Company’s Liability
NCOStaffing.com is only a venue. This Website acts as a venue
for employers to post job opportunities and candidates to post resumes and does
not screen or censor the listings offered. The Company may not be involved in
the actual transaction between employers and candidates. As a result, the
Company may not have 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. In addition, note that there are risks,
including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons, or people acting under false
pretenses. You assume all risks associated with dealing with other users with
whom you come in contact through the Website.
Because user authentication on the Internet is difficult,
NCOStaffing.com cannot and does not confirm
that each user is who they claim to be. Because we do not
and cannot be involved in user-to-user dealings or control
the behavior of participants on NCOStaffing.com,
in the event that you have a dispute with one or more users, you release
the Company (and our agents and employees) from claims, demands and damages
(actual and consequential, direct and indirect) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code d1542, which says:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his
settlement with the debtor."
We are under no legal obligation to, and generally do not, control the information
provided by other users which is made available through the Website. By its
very nature, other people’s information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled. We
expect that you will use caution and common sense when using this Website.
The Material may contain inaccuracies or typographical errors. The Company makes no
representations about the accuracy, reliability, completeness, or timeliness of
the Website or the Material. The use of the Website and the Material is at your
own risk. Changes are periodically made to the Website and may be made at any
time.
You acknowledge and agree that you are solely responsible for the form, content,
and accuracy of any resume or material contained therein placed by you on the
Website. Employers are solely responsible for their postings on the Website.
The Company is not to be considered to be an employer with respect to your use of
the Website and the Company shall not be responsible for any employment
decisions, for whatever reason made, made by any entity posting jobs on the
Website.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE
WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON
THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Website contains links to third party websites. These links are provided solely
as a convenience to you and not as an endorsement by the Company of the
contents on such third-party Websites. The Company is not responsible for the
content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party websites. If
you decide to access linked third party websites, you do so at your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Term of
Use. You also agree not to make any unauthorized commercial use of the Website.
Limitation of Liability
The aggregate liability for the Company to you for all claims arising from the use
of the Materials is limited to $250.
Termination
The Company reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your postings from this
Website and immediate termination of your registration with or ability to access
the Website and/or any other service provided to you by the Company, upon any
breach by you of these Terms and Conditions, or if the Company is unable to
verify or authenticate any information you submit to the Website registration
with or ability to access the Website.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material or your breach of the terms
of these Terms and Conditions. The Company shall provide notice to you promptly
of any such claim, suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit or proceeding.
General
The Company 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 Website 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 New York, without respect
to its conflict of laws principles. Jurisdiction for any claims arising under
this agreement shall lie exclusively within the federal or state courts of New
York County in the State of New York. 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. Except as
expressly provided in additional terms of use for areas of the Website a
particular "Legal Notice," or Software License or material on particular
Web pages, these Terms and Conditions constitute the entire agreement between
you and the Company with respect to the use of Website. No changes to these
Terms and Conditions shall be made except by a revised posting on this page.
Additional Terms of Use
Certain areas of this Website are subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional terms of
use applicable to such areas.
Last updated: 4/15/2005
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