This agreement is between you and Pritchett Associates, Inc., a New York corporation (hereinafter referred to as "we", "us", or "our").
The words "you" or "your" when used in this agreement refer to the person who is accepting the terms of this agreement. However, if the person accepting the terms of this agreement is acting on behalf of an entity, then the words "you" or "your" refer to both the person accepting the terms of this agreement and the entity on whose behalf the person is acting.
The word "third-party" when used in this agreement refers to any person or entity other than you or us. A third-party includes a person or entity whose link or advertising appears on this website.
2. Scope of Agreement
This agreement applies to your use of the website at http://www.hcrecruiters.com, also available at http://hcrecruiters.com, (referred to herein as "this website"). This agreement does not apply to any other website.
3. Conditional Use of This Website
In order to use this website, you must accept the terms of this agreement. If you do not accept the terms of this agreement, you may not use this website.
4. Acceptance of This Agreement
You express your acceptance of the terms of this agreement by using this website.
5. Your Use of this Website
Access to this website is intended only for users located in the United States of America and at least 18 years of age or older.
You may use this website only in a manner and for purposes that are lawful and that comply with this agreement.
You may use this website only for your own personal use.
Except for your own personal use, you may not reproduce, duplicate, or copy any content on this website unless you have been granted permission to do so by us.
You may not loan, lease, sell, trade, resell, or distribute any content on this website unless you have been granted permission to do so by us.
Any information you send to us will be accurate, and you are responsible for verifying the completeness and accuracy of such information.
You are solely responsible for all acts or omissions by you on this website, and we have no responsibility to you or to any third-party for the consequences of your acts or omissions.
You agree that we may make changes to personal information that you send to us, such as your resume, for various business related purposes, including, but not limited to adding our contact information and technical requirements.
6. The Content of This Website
The content of this website may change at any time and without prior notice.
We may stop, either temporarily or permanently, providing content, or any part thereof, to you or to any other user, at any time, for any reason, and without prior notice.
We reserve the right, but shall have no obligation, to pre-screen, review, modify, refuse or remove any or all content or advertisements from this website.
You acknowledge that by using this website you may be exposed to content or advertisements that you find offensive, indecent or objectionable. You agree that with respect to such matters, you use this website at your own risk.
We are not providing advice or counseling of any type on this website and that nothing on this website is to be construed as advice or counseling.
7. Intellectual property
All content on this website is protected by intellectual property rights owned by us or the content providers, regardless of whether or not those rights are registered, and wherever in the world those rights may exist. You may not copy, duplicate, modify, display, license, loan, sell, distribute, or create derivative works based on such intellectual property, either in whole or in part, unless you have been specifically permitted to do so by us or by the owners of such intellectual property.
You do not have the right to use any of our trade names, trade marks, service marks, logos, domain names, or other distinctive brand features which may exist now or in the future, unless you have been granted permission to do so by us.
You may not, and you may not permit anyone else to, use the programs, scripts, or other software served or used by this website or to copy, modify, or create a derivative work of such software or any part thereof, unless you have been granted permission to do so by us.
It is our policy not to accept any unsolicited ideas, concepts, suggestions, comments, information, know-how, techniques, software, drawings, pictures, or any other type of intellectual property for any purpose (herein referred to as "unsolicited intellectual property")
If you send us unsolicited intellectual property either through this website or in any other manner for any purpose, then you agree that (a) your submission to us of any unsolicited intellectual property shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such property, (b) you will not assert any ownership right of any kind, including without limitation copyright, patent, trademark, unfair competition, moral rights, or implied contract, (c) you hereby irrevocably waive the right to receive any financial or other consideration in connection such property, including without limitation acknowledgment of you as the source of the such property.
10. DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS.
WITHOUT ANY LIMITATION ON THE FOREGOING DISCLAIMERS:
(a) WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SECURITY, OR AVAILABILITY OF THIS WEBSITE;
(b) WE MAKE NO WARRANTIES THAT THE INFORMATION YOU SEND TO US THROUGH THIS WEBSITE WILL BE DELIVERED IN AN ACCURATE, RELIABILE, COMPLETE, TIMELY, OR SECURE MANNER;
(c) WE DO NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR THE SERVER IT IS ON OR NETWORK IT IS CONNECTED TO ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE RESULTS DIRECTLY OR INDIRECTLY IN DAMAGE TO YOUR EQUIPMENT, PROGRAMS, OR DATA OR IN THE NEED FOR SERVICE TO OR REPLACEMENT OF YOUR EQUIPMENT, PROGRAMS, OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS;
(d) YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK;
(e) ANY CONTENT OR ADVERTISEMENTS ON THIS WEBSITE MAY CONTAIN INNACURACIES OR ERRORS. ANY RELIANCE YOU PLACE ON THE CONTENT OR ADVERTISEMENTS ON THIS WEBSITE IS ENTIRTELY AT YOUR OWN RISK;
(f) WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT ANY INFORMATION SENT THROUGH THIS WEBSITE WILL BE SUBMITTED TO ANY EMPLOYER;
(g) WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT ANY CANDIDATE WILL BE HIRED;
(h) WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS MADE BY YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU FOR:
(A) ANY TYPE OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, BASED UPON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT OR DETRIMENTAL RELIANCE, HOWEVER CAUSED.
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE RESULTING FROM:
(1) YOUR USE OF THIS WEBSITE;
(2) ANY VIRUS OR OTHER HARMFUL MECHANISM OBTAINED THROUGH THE USE OF THIS WEBSITE;
(3) YOUR RELIANCE ON THE COMPLETENESS OR ACCURACY OF ANY ADVERTISING CONTAINED ON THIS WEBSITE;
(4) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER WHOSE ADVERTISING APPEARS ON THIS WEBSITE;
(5) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY WHOSE LINK APPEARS ON THIS WEBSITE;
(6) THE UNAVAILABILITY OF ANY ADVERTISER'S OR THIRD-PARTY'S WEBSITE OR RESOURCES;
(7) ANY PRODUCT, SERVICE, ADVICE OR OTHER MATERIAL ON, OR AVAILABLE FROM, ANY ADVERTISER'S OR THIRD-PARTY'S WEBSITE;
(8) ANY CHANGES WHICH WE MAY MAKE TO THIS WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING CONTENT FOR THIS WEBSITE OR ANY PORTION THEREOF;
(9) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY INFORMATION TRANSMITTED BY OR THROUGH THIS WEBSITE;
(10) ANY BUSINESS RELATED LOSSES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
THE FOREGOING LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPHS MAY NOT APPLY TO YOU. IF ANY LIMITATION OF LIABILITY WHICH IS SET FORTH IN THIS AGREEMENT IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO U.S. $100.00 IN THE AGGREGATE OR THE MINIMUM LIABILITY THAT IS PERMITTED BY LAW, WHICHEVER IS LESS.
12. Indemnity. You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, agents and affiliates from and against any third-party claims, actions or demands, including, without limitation, costs, damages and reasonable legal and accounting fees, alleging or resulting from or in connection with your use of this website or your breach of this agreement.
13. Advertisements and Links
Various pages on this website contain advertisements and/or links to third-party websites. As a result, you may be redirected to third-party websites and transact business with third-parties. Your acknowledge that we (a) have no connection with such third-parties except for permitting their advertisements to be placed on this website or placing their links on this website, (b) make no recommendation or endorsement of the products, services, or advice offered by third-parties, and (c) are not responsible for any products, services, advice, or advertisements offered, delivered, or rendered by third-parties.
You agree that any business you conduct with third-parties, including visiting their websites, is entirely your responsibility, done at your own risk, and subject to whatever terms and conditions you and such third-parties may agree to.
14. Changes to this agreement
15. Copyright and trade mark policies
It is our policy to respond to notices of alleged copyright infringement.
16. General Legal Provisions
You represent and warrant that you are of legal age to form a binding contract with us.
This agreement constitutes the entire legal agreement between you and us regarding the use of this website.
If there is any contradiction between the terms of this agreement and any other statement on this website, the terms of this agreement shall take precedence.
This agreement replaces and supersedes any prior agreements between you and us regarding the use of this website.
You agree that if we do not exercise or enforce any legal right or remedy available to us under this agreement, that this will not be construed to be a waiver of those rights and that those rights or remedies shall continue to exist and be available to us.
If, in any action or proceeding between us, a court of law or other tribunal rules that any provision of this agreement is invalid, then that provision shall be removed from this agreement without affecting the remainder of this agreement and that the remainder of this agreement shall continue to be valid and enforceable.
The terms of this agreement and your relationship with us shall be governed by the laws of the State of New York without regard to its conflict of laws provisions.
You agree to submit to the exclusive jurisdiction of the courts located within the County of Nassau County, State of New York to resolve any legal matter arising from this agreement, your use of this website, or your relationship with us. Notwithstanding the foregoing, you agree that we may apply for injunctive or other preliminary relief in any jurisdiction.
17. Date of this agreement
March 10, 2011