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This page states the "Terms and Conditions"
under which you may use The Employer’s Network,
Inc.com (TEN) Please read this page carefully. If
you do not accept the Terms and Conditions stated
here, do not use this web site and service. By using
this web site, you are indicating your acceptance
to be bound by the terms of these Terms and Conditions.
The Employer’s Network, 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 web site
for any reason.
Non-Disclosure and Confidentiality Agreement
, You the user, individually and corporately, hereby
agrees that all procedural, financial and other
information ("Information") that it has
and will receive concerning The Employer's Network,
Inc.® is confidential and will not be disclosed
to any individual , entity, staffing company, competitor
or affiliate, in whole or in part, at any time without
prior written consent from The Employer’s
Network, Inc.®.
All Information, verbal or printed, shall remain
the property of The Employer's Network, Inc. ®
and shall be returned to The Employer's Network,
Inc.® promptly at its request together with
all copies made thereof.
Non Compete: All information is
considered proprietary in nature. The recipient
hereby agrees not to implement the business system
in whole or in part or compete with The Employer’s
Network Inc ® in any way or at any time without
a TEN license agreement.
Recipient acknowledges that no remedy of law may
be adequate to compensate The Employer's Network,
Inc.® for a violation of this Agreement and
Recipient hereby agrees that in addition to any
legal or other rights that may be available in the
event of a breach hereunder, The Employer's Network,
Inc.® may seek equitable relief to enforce this
Agreement in any Court of competent jurisdiction.
Use of Web Site Content.
The Company authorizes You to view the content
available on or from The Employer’s Network,
Inc.com (the "Web Site") solely for your
personal, noncommercial use.
The contents of this Web Site, and of all other
websites under the Company's control, whether partial
or otherwise (the Website and such other websites
are sometimes collectively referred to as "TEN
SITES") such as text, graphics, images, logos,
button icons, software and other Web Site content
(collectively, "Web Site Content"), are
protected under both United States and foreign copyright,
trademark and other laws. All Web Site Content 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
Web Site is the exclusive property of the Company
and protected by U.S. and international copyright
laws. Unauthorized use of the Web Site Content may
violate copyright, trademark, and other laws. You
must retain all copyright, trademark, service-mark
and other proprietary notices contained in the original
Web Site Content on any copy You make of the Web
Site Content. You may not sell or modify the Web
Site Content or reproduce, display, publicly perform,
distribute, or otherwise use the Web Site Content
in any way for any public or commercial purpose.
The use of the Web Site Content on any other web
site 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 any Web Site Content
or the pages making up any The Employer’s
Network, Inc Site. It is also protected by the Company's
copyright.
Acceptable Site Use.
General Rules: Users may not use any The Employer’s
Network, Inc.com Site in order to transmit, distribute,
store or destroy material, including without limitation
Web Site Content, (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.
The Employer’s Network, Inc.®
Site Security Rules.
Users are prohibited from violating or attempting
to violate the security of any The Employer’s
Network, Inc.® Site, 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 any The Employer’s Network, Inc.®
Site, 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.
TEN SITES 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 Web Site, and all users
agree not to use the Web Site, for any of the following:
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).
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 (except for postings that
make clear that the available job pays commission
only and clearly describes the product or service
that the job seeker would be selling, in which case
such postings are permissible), requires recruitment
of other members, sub-distributors or sub-agents.
Deleting or revising any material posted
by any other person or entity.
Using any device, software or routine to interfere
or attempt to interfere with the proper working
of any The Employer’s Network, Inc.® Site
or any activity being conducted on this site.
Taking any action which imposes an unreasonable
or disproportionately large load on any The Employer’s
Network, Inc.® Site's infrastructure.
If You have a password allowing access to a non-public
area of this Web Site, disclosing to or sharing
your password with any third parties or using your
password for any unauthorized purpose.
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 any
The Employer’s Network, Inc.® Site other
than the search engine and search agents available
from the Company on such The Employer’s Network,
Inc.® Site and other than generally available
third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer).
Attempting to decipher, decompile, disassemble
or reverse engineer any of the software comprising
or in any way making up a part of any The Employer’s
Network, Inc.® Site.
Aggregating, copying or duplicating in any manner
any of the Web Site Content or information available
from any The Employer’s Network, Inc.®
Site.
Framing of or linking to any of the Web Site Content
or information available from any The Employer’s
Network, Inc.® Site.
User Information.
When You register for the Web Site, 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 Web Site, 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 any The Employer’s
Network, Inc.® Site You agree not to, do the
following things: post material that is copyrighted,
unless You are the copyright owner or have the permission
of the copyright owner to post it; post material
that reveals trade secrets, unless You own them
or have the permission of the owner; post material
that infringes on any other intellectual property
rights of others or on the privacy or publicity
rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another user or any other person
or entity; post a sexually-explicit image or statement;
post advertisements or solicitations of business,
post chain letters or pyramid schemes; 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 conduit 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 Web
Site 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 any The Employer’s Network, Inc.®
Site, including message boards, forums, contests
and chat rooms, You grant the Company and its affiliates
the loyalty-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 Web Site retains
any and all rights that may exist in such content.
Any hyperlinks contained in a job posting submitted
by Customer will be disabled when such job posting
is posted on a The Employer’s Network, Inc.®
Site.
We appreciate hearing from our customers and welcome
your comments regarding our services and the TEN
SITES. 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 "Submission"), the Submission shall
be the property of the Company. None of the Submission
shall be subject to any obligation of confidence
on our part and we shall not be liable for any use
or disclosure of any Submission. The Company shall
own exclusively all now known or later discovered
rights to the Submission and shall be entitled to
unrestricted use of the Submission for any purpose
whatsoever, commercial or otherwise, without compensation
to You or any other person who submitted the Submission.
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.
Non-Disclosure and Confidentiality Agreement
You the user, individually and corporately, hereby
agrees that all procedural, financial and other
information ("Information") that it has
and will receive concerning The Employer's Network,
Inc.® is confidential and will not be disclosed
to any individual , entity, staffing company, competitor
or affiliate, in whole or in part, at any time without
prior written consent from The Employer’s
Network, Inc.®.
All Information, verbal or printed, shall remain
the property of The Employer's Network, Inc. ®
and shall be returned to The Employer's Network,
Inc.® promptly at its request together with
all copies made thereof.
Non Compete: All information is considered proprietary
in nature. The recipient hereby agrees not to implement
the business system in whole or in part or compete
with The Employer’s Network Inc ® in any
way or at any time without a TEN license agreement.
Recipient acknowledges that no remedy of law may
be adequate to compensate The Employer's Network,
Inc.® for a violation of this Agreement and
Recipient hereby agrees that in addition to any
legal or other rights that may be available in the
event of a breach hereunder, The Employer's Network,
Inc.® may seek equitable relief to enforce this
Agreement in any Court of competent jurisdiction.
Identification Of Agent To Receive Notification
And Elements Of Notification Of Claimed Copyright
Infringement
If You believe that your copyrighted work has been
uploaded, posted or copied to this Web Site and
is accessible on this Web Site in a way that constitutes
copyright infringement, please notify us by providing
our designated copyright agent with the following
information:
- The physical or electronic signature of either
the copyright owner or of a person authorized
to act on the owner's behalf;
- A description of the copyrighted work You claim
has been infringed, and a description of the activity
that You claim to be infringing;
- Identification of the URL or other specific
location on this web site where the material or
activity You claim to be infringing is located
or is occurring; You must include enough information
to allow us to locate the material or the activity;
- Your name, address, telephone number and, if
You have one, your e-mail address;
- A statement by You that You have a good faith
belief that use on the web site of the copyrighted
work in the manner You are complaining of is not
authorized by the copyright owner, any agent of
the copyright owner, or the law; and
- A statement by You, made under penalty of perjury,
that the information You have provided in your
notice is accurate and that You are either the
copyright owner or are authorized to act on behalf
of the copyright owner.
We have designated Bruce Ballard as our agent to receive
notices of claims of copyright infringement on our
web site. You can contact Bruce as follows:
By mail:
Bruce Ballard
President
The Employer’s Network, Inc.®
P.O. Box 6677
Ocala, Florida 34478
By telephone:
1-352-369-1010
By e-mail:
bruce@theemployersnetworkinc.com
Need help with a job seeker issue? Contact us now.
Policy Regarding Termination Of Users And
Account Holders Who Repeatedly Infringe The Copyright
Or Other Intellectual Property Rights Of Others
The Employer’s Network, Inc.® The Employer’s
Network, Inc.com, The Employer’s Network,
Licensing Inc. TEN Licensing Corp, and all of our
affiliated companies respect the intellectual property
of others, and we ask our users, account holders
and content partners to do the same. The unauthorized
reproduction, copying, distribution, modification,
public display or public performance of copyrighted
works constitutes infringement of the copyright
owners rights. As a condition to your use of this
Web Site, You agree not to use the Web Site or any
other The Employer’s Network, Inc. Site to
infringe the intellectual property rights of others
in any way. We will terminate the accounts of any
account holders, and block access to our Web Site
and/or the other TEN SITES of any users, who are
repeat infringers of the copyrights, or other intellectual
property rights, of others. We reserve the right
to take these actions at any time, in our sole discretion,
with or without notice, and without any liability
to the account holder who is terminated or to the
user whose access is blocked.
The Company’s Liability.
The Employer’s Network, Inc.® is only
a venue. This Web Site 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 is not involved in the actual
transaction between employers and candidates. As
a result, the Company has 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.
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 Web Site and/or the other TEN SITES.
Because user authentication on the Internet is
difficult, the Company 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 any The Employer’s Network, Inc.® Site,
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 Web Site
and/or the other TEN SITES. 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 Web
Site and/or the other TEN SITES.
The Web Site Content may contain inaccuracies or
typographical errors. The Company makes no representations
about the accuracy, reliability, completeness, or
timeliness of any The Employer’s Network,
Inc.® Site or the Web Site Content. The use
of TEN SITES and the Web Site Content is at your
own risk. Changes are periodically made to TEN SITES
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
TEN SITES. Employers are solely responsible for
their postings on TEN SITES. The Company is not
to be considered to be an employer with respect
to your use of any The Employer’s Network,
Inc ® Site and the Company shall not be responsible
for any employment decisions, for whatever reason
made, made by any entity posting jobs on any The
Employer’s Network, Inc.® Site.
THE COMPANY DOES NOT WARRANT THAT ANY THE EMPLOYER’S
NETWORK, INC.COM SITE WILL OPERATE ERROR-FREE OR
THAT ANY THE EMPLOYER’S NETWORK, INC.COM SITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MECHANISMS. IF YOUR USE OF ANY THE EMPLOYER’S
NETWORK, INC.® SITE OR THE WEB SITE CONTENT
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE
COSTS. THE TEN SITES AND WEB SITE CONTENT 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
WEB SITE CONTENT, SERVICES, SOFTWARE ,TEXT GRAPHICS,
AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR
ANY THIRD PARTIES MENTIONED ON ANY THE EMPLOYER’S
NETWORK, INC.COM SITE 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 ANY THE
EMPLOYER’S NETWORK, INC.COM SITE AND THE WEB
SITE CONTENT, 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 Web Site and certain other TEN SITES contain
links to third party web sites. 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 Web sites. 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 Web sites. If You decide to access linked
third party Web sites, 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 Terms of Use. You also agree
not to make any unauthorized commercial use of any
The Employer’s Network, Inc.com Site.
LIMITATION OF LIABILITY
THE EMPLOYER’S NETWORK, INC.COM'S MAXIMUM
LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY
THE EMPLOYER’S NETWORK, INC.COM SITE OR YOUR
USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE
OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF
WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
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
Web Site and the other TEN SITES and immediate termination
of your registration with or ability to access this
Web Site and the other TEN SITES 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 Web Site or other
The Employer’sNetwork, Inc.com Site registration.
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 (i) any material You provide to a The Employer’s
Network, Inc.com Site, (ii) any Web Site Content
that You use or (iii) 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 Web Site Content
may be lawfully viewed or accessed outside of the
United States. Access to the Web Site Content may
not be legal by certain persons or in certain countries.
If You access the Web Site 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 Florida, without
respect to its conflict of laws principles. Jurisdiction
for any claims arising under this agreement shall
lie exclusively with the state or federal courts
within Ocala, Florida. 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 Web Site, 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 Web Site. 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 Web Site and the other TEN
SITES 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.
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