(Last Updated: May 1, 2012)
This website is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment in the continental United States only. You may use this Site only for lawful purposes within the stated context of Placement USA’s intended and acceptable use of the Site. Placement USA is the sole interpreter of the Site’s intended and acceptable use.
PLACEMENTUSA.COM ("PLACEMENTUSA.COM", "PLACEMENT
USA", "COMPANY," "WE,"
"US") PROVIDES THIS WEB SITE AND
ALL SITE-RELATED SERVICES, INCLUDING THE CONTENT AND CODE RELATED THERETO
(COLLECTIVELY, THE "SITE"),
SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE
CAREFULLY BEFORE USING THIS SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY
THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS,
PLEASE DO NOT USE THIS WEB SITE OR THE SERVICES. BY USING
PLACEMENTUSA.COM, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE
This Agreement is made between the Company and you, the Site visitor and/or registered user ("you" “member”). We reserve the right at any time to:
Any changes we make will be effective immediately and binding upon notice, which we may provide by any means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. Any new or different terms supplied by you are specifically rejected by Placement USA unless Placement USA agrees to them in a signed writing specifically including those new or different terms.
OWNERSHIP; PROPRIETARY NOTICES; INTELLECTUAL PROPERTY RIGHTS
© Copyright 2016 Placement USA All rights reserved.
The Placement USA Logo® is a registered service mark of the Company. The following are trademarks and/or service marks owned by the Company that are not yet registered in the United States: Placement USA™, placementusa.com™, Committed to you and your continued success™, and We're all about you™. All other trademarks and/or service marks used in this Site are the trademarks and/or service marks of their respective owners.
The Site is owned and operated by Carol A. Gutmann, DBA Placement USA. Unauthorized use of the materials on the Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
DISCLAIMER; WARRANTY INFORMATION
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. PLACEMENT USA (AND ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS OR ADVERTISERS) DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PLACEMENT USA, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS OR ADVERTISERS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES.
PLACEMENT USA (AND ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS OR ADVERTISERS) DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PLACEMENT USA OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS OR ADVERTISERS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
The Site is only a venue allowing for the posting by employers and recruiting agencies of available job opportunities at their companies or companies they represent (hereinafter referred to collectively as “employers” and "recruiters") and by candidates of their own resumes. The Company does not evaluate or censor the resumes, job listings or other information posted to the Site. Moreover, the Company is not involved in the actual transaction, if any, between potential employers and candidates. Consequently, we have no control over the quality, safety or legality of the job listings or resumes posted to the Site, the truth or accuracy of such job listings or resumes, the ability of employers to hire candidates or the ability of candidates to fill job openings.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of the Site's users, in the event that you have a dispute with one or more Site users, you release Placement USA and any of its officers, directors, shareholders, employees, contractors, affiliates, agents or advertisers from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Site.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job listing or other material you post to the Site. The Company neither warrants nor guarantees that a resume or job posting will be viewed by any specific number of users, or that a resume or job listing will be viewed by any user. We are not to be considered as an employer with respect to your use of the Site and we shall not be responsible for any employment decisions made by any entity posting job listings or resumes to the Site.
Placement USA hereby grants job seekers a limited, terminable, non-exclusive license and right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. Your use of the Site is a privilege. Placement USA reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
LIABILITY OF DAMAGES; DAMAGE LIMITATIONS; ALLOCATIONS OF LIABILITY; EQUITABLE RELIEF
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE.
IN NO EVENT SHALL PLACEMENT USA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS OR ADVERTISERS) BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLACEMENT USA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN PLACEMENT USA’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
IN NO EVENT SHALL PLACEMENT USA (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER OR RECRUITING AGENCY WITH A SERVICE AGREEMENT WITH PLACEMENT USA, 50% OF THE AMOUNTS ACTUALLY PAID BY YOU TO PLACEMENT USA IN A CALENDAR YEAR UNDER THIS AGREEMENT, IF GREATER THAN US$200.00).
IF AT ANY TIME DURING THE COURSE OF THIS AGREEMENT YOU SHOULD TERMINATE THIS AGREEMENT, NOT TO INCLUDE YOUR TERMINATION IN THE CASE OF BREACH OF THIS AGREEMENT BY PLACEMENT USA, PLACEMENT USA SHALL RESERVE THE RIGHT TO RECEIVE ALL PAYMENTS FROM YOU OF THE SERVICES USED BY YOU UP TO TERMINATION AND FOR FIFTY PERCENT (50%) OF THE REMAINING UNUSED PORTION OF THIS AGREEMENT.
ACKNOWLEDGMENT OF LINKED SITES
This Site may contain links to other web sites operated by third parties, other than affiliates of the Company ("Linked Sites"). These links are provided solely as a convenience to you. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. You acknowledge that the Company and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors. If you decide to access linked third party websites, you do so at your own risk.
INDEMNIFICATION; VOID WHERE PROHIBITED
Although the Site is accessible worldwide, not all products or services discussed, referenced or made available on the Site are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Site are appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. The Company reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
You agree to indemnify, defend and hold us, or our officers, directors, shareholders, employees, contractors, affiliates, agents or advertisers our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Site or Site-related services.
CODE OF CONDUCT
While using the Site or Site-related services, you agree not to do any of the following without our prior written authorization:
Placement USA assumes no responsibility or liability for any personnel selected by your company. Selection, retention or hire of any individual or entity is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its website, products, services, hiring, experience, employment or recruiting practices, or otherwise. Placement USA makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of any user. Placement USA does not guarantee that resumes or jobs posted by any user will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any user.
Your company agrees to and will hold the Company harmless from any claims, damages or losses incurred by your company or any other party as a result of your use of the Site.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and Site-related services.
The Company has no obligation to monitor the Site or Site-related services, including any materials that you or other third parties transmit or post on to the Site. However, you acknowledge and agree that the Company has the right (but not the obligation) to monitor the Site and Site-related services, including any materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect itself, its sponsors, its users and visitors, and to comply with legal obligations or governmental requests. The Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement. The Company also reserves the right to prohibit any user who, in the Company's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur at any time without notice to the user.
Users are prohibited from violating or attempting to violate the security of the Site, including without limitation:
· Accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
· Attempting to probe, scan or test the vulnerability of a system or network or to breach security of authentication measures without proper authorization;
· Attempting to interfere with service to any user, host or network, including, with limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”;
· Sending unsolicited email, including promotions and/or advertising of products or services;
· Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violation of these Security Rules may result in civil or criminal liability. Placement USA 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.
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to the restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable. Supplier is Placement USA, 26403 Longleaf Valley Drive, Katy, TX 77494.
From time to time we request
and receive career resources from third parties and the like, therefore, we
require certain rights in those materials. By sending or transmitting to us
resources, information, ideas, notes, concepts, trademarks, service marks or
other materials (including, but not limited to, job postings) (collectively,
"Content"), or by posting such Content to any area of the Site, you grant us and
our designees a worldwide, non-exclusive, sub-licensable (through multiple
tiers), assignable, royalty-free, perpetual, irrevocable right to link to,
reproduce, distribute (through multiple tiers), adapt, create derivative works
of, publicly perform, publicly display, digitally perform or otherwise use such
Content in any media now known or hereafter developed. You hereby grant the
Company permission to display your logo, trademarks and company name on the Site
and in press and other public releases or filings. Further, by submitting
Content to the Company, you acknowledge that you have the authority to grant
such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY
COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.
None of the Content is endorsed by the Company, and the Company cannot and does not make any representations with respect to the truth or reliability of the Content. The Company reserves the right to remove any Content, in whole or in part, from the Site.
Communications between the Company and the users of the Site are not confidential.
REGISTRATION; USE OF SECURE USER NAMES AND PASSWORDS
Some areas of the Site may
require you to register with us. When and if you register, you agree to (a)
provide accurate, current, and complete information about yourself as prompted
by our registration form (including your e-mail address) and (b) to maintain and
update your information (including your e-mail address) to keep it accurate,
current, and complete. You acknowledge that should any information provided by
you be found to be untrue, inaccurate, not current, or incomplete, we reserve
the right to terminate this Agreement with you and your use of the Site.
As part of the registration process, you are asked to provide a user name, password and the answer to a password security question. We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your user name and password and agree not to distribute, transfer or resell your use of or access to the Site to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from the Company in writing, it being understood that the Company shall be under no obligation to approve any such request. If you are a job seeker who has reason to believe that your account with us is no longer secure, you must promptly change your password by updating your account information from the 'Edit Your Registration Profile' link located on your menu of the Site and immediately notifying us of the problem via email addressed to email@example.com. If you are an employer who has reason to believe that your account with us is no longer secure, you must promptly contact us via email addressed to firstname.lastname@example.org. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to Placement USA, 26403 Longleaf Valley Drive, TX 77494, (tel) 281-656-4470, (fax) 281-605-5345. Attention: Carol A. Gutmann & General Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
QUESTIONS AND NOTICES
To report any inappropriate postings or conduct or for any questions concerning the use of the Site should be directed to us. Notices shall be sent, for Placement USA, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Placement USA reasonably determines is an appropriate address for you.
This Agreement is entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Fort Bend in the State of Texas for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user for any reason, at any time without notice.
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Placement USA is
"committed to you and your continued
© Copyright 2016 Placement USA All rights reserved.
Violators will be punished to the fullest extent of the law.