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Terms of Use
Last revised and effective as of December 15th, 2006 1. Acceptance of Terms www.USA-Help.com.net (herein referred to as www.USA-Help.com) provides an assortment of online resources, including stories of people's wishes, dreams and needs, classified ads, and various email services, (referred herein as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by www.USA-Help.com from time to time. www.USA-Help.com will provide notice of materially significant changes to the Term by posting notice on the www.USA-Help.com site. The most up-to-date version of the Terms can be viewed at: http://www.www.USA-Help.com/terms.php. By registering your listing on the Service, you are agreeing to comply with these Terms. When using particular www.USA-Help.com services, you agree to abide by any applicable posted guidelines for all www.USA-Help.com services, which may change from time to time. If you object to any term or condition contained herein, or any subsequent modifications thereto or become dissatisfied with www.USA-Help.com in any way, your only option is to immediately discontinue use of www.USA-Help.com. Registration fees are non-refundable. 2. Content You understand that all listings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you list, post, email or otherwise make available via the Service. You understand that www.USA-Help.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. This is not our intention and we would like your feedback if such information is found on the Site. Furthermore, the www.USA-Help.com site and Content available through the Service may contain links to other websites, which are completely independent of www.USA-Help.com. www.USA-Help.com does not make any representation or warranty as to the accuracy, completeness or authenticity of the information contained in this site. Should you choose to link to any other websites, it is at your own risk. By using this site, you agree that it is your responsibility to evaluate, and assume all risks associated with: You acknowledge that www.USA-Help.com does not pre-screen or approve Content, but that www.USA-Help.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service, for violating the letter or intent of the Terms, or for any reason. 3. Notification of Claims of Infringement If you believe that your work has been used or copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify www.USA-Help.com for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@usa-help.com, Please provide our Agent with the following Notice: 1. Identify the listing identification number of the alleged copyrighted work or other intellectual property that you feel has been infringed; 2. Identify the material on the www.USA-Help.com's site that you allege is infringing, with enough detail so that we may locate it on the website; 3. A notarized affidavit by you that you have a good faith belief that the alleged and disputed use is not authorized by the copyright owner, its agent, or the law, including your statement, declaring under penalty of perjury that (a) the information that you provide in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the copyright owner; 4. Your address, telephone number, and email address; and 5. Your physical or electronic signature. www.USA-Help.com's Agent will forward this information to the alleged infringer. 4. Privacy and Information Disclosure www.USA-Help.com has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.www.USA-Help.com/privacy.php. Your use of the www.USA-Help.com website and the Services contained therein signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that www.USA-Help.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of www.USA-Help.com, its users or the general public. 5. Conduct By using www.USA-Help.com, you agree not to post, email, or otherwise make available Content that: In addition, you agree not to: 6. No Spam Policy You understand and agree that sending unsolicited email advertisements to www.USA-Help.com email addresses or through www.USA-Help.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of www.USA-Help.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties. 7. Limitations on service You acknowledge that www.USA-Help.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that www.USA-Help.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that www.USA-Help.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that www.USA-Help.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 8. Termination of service You agree that www.USA-Help.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if www.USA-Help.com deems that you have acted inconsistently with the letter or intent of the Terms. In addition, you agree that www.USA-Help.com shall not be liable to you or any third-party for any termination of your access to the Service and, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms. 9. Dealings with organizations and individuals Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that www.USA-Help.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that www.USA-Help.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release www.USA-Help.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, 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." 10. Proprietary rights The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. www.USA-Help.com is a registered mark in the U.S. Patent and Trademark Office. Although www.USA-Help.com does not claim ownership of content posted by it's users, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to www.USA-Help.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. 11. Disclaimer of Warranties YOU AGREE THAT USE OF THE www.USA-Help.com SITE AND THE SERVICES PROVIDED ARE ENTIRELY AT YOUR OWN RISK. THE www.USA-Help.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, www.USA-Help.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE www.USA-Help.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, www.USA-Help.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE www.USA-Help.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE www.USA-Help.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, www.USA-Help.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE www.USA-Help.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 12. Limitations of Liability UNDER NO CIRCUMSTANCES SHALLwww.USA-Help.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF www.USA-Help.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE www.USA-Help.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE www.USA-Help.com SITE OR THE SERVICE, FROM INABILITY TO USE THE www.USA-Help.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE www.USA-Help.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE www.USA-Help.com SITE OR THE SERVICE OR ANY LINKS ON THE www.USA-Help.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE www.USA-Help.com SITE OR THE SERVICE OR ANY LINKS ON THE www.USA-Help.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. 13. Indemnity You agree to indemnify and hold www.USA-Help.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another. 14. General information The Terms constitute the entire agreement between you and www.USA-Help.com and govern your use of the Service, superceding any prior agreements between you and www.USA-Help.com. The Terms and the relationship between you and www.USA-Help.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and www.USA-Help.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of www.USA-Help.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 15. Violations of Terms Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to abuse@usa-help.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 16. Feedback We welcome your feedback feedback@usa-help.com At USA-HELP.com we're dedicated to helping you find your next job. We're not a recruitment agency ourselves, but we have lots of agencies, as well as employers, using our site every day to find people just like you.
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