TERMS OF USE
1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. These Terms and Conditions are effective as of August 1, 2010. Throughout these Terms and Conditions, "the Company" will refer to MergeSkills LLC (MergeSkills), and "the Site" or "the Website" will refer to MergeSkills.com.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by the Company) form a binding agreement between all users of the website and the Company. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Acceptable Use of the Site. The Site is intended for individuals seeking to respond to posted business opportunities. You may use this Site only for lawful purposes within the stated context of the Company's intended and acceptable use of the Site. The Company is the sole interpreter of the Site's intended and acceptable use. The Company hereby grants users a limited, terminable, non-exclusive right to access and use the Site only for personal use seeking business opportunities for oneself. This authorizes the user to view and download a single copy of the material on the Site solely for the user's own personal, noncommercial use. All users agree to be solely responsible for the content of any Document posted to the Site and any consequences arising from such posting. Use of the Site is a privilege, and the Company reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4. Intellectual Property Rights. The Site and all right, title and interest in and to the Site are the sole property of the Company or its licensors, and are protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, the Company reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, users may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose; this includes copying or adapting the HTML code used to generate Web pages on the Site. The name "MergeSkills" and "MergeSkills.com", the MergeSkills logo, and certain other names or logos are service marks or trademarks of the Company, and all related product and service names, design marks and slogans are the service marks or trademarks of the Company. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) may also protected by the Company's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
5. Disclaimers and Limitations on Liability.
5.1 Allocation of Responsibility. The Company assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. The Company acts as a portal for the online distribution and publication of User submitted information and other business opportunities has no obligation to screen communications or information in advance, and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. The Company has no liability or responsibility to Users for performance or nonperformance of such activities. The Company may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
5.2 No endorsements. 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 web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
5.3 No Guaranty of Results. The Company makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the objectives of Users. The Company does not guaranty the formation of a business or company, or any contract award. The Company does not guarantee that Documents posted by Users 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.
5.4 WARRANTY DISCLAIMERS
7. Amendments to this Agreement and Changes to Site. The Company may revise this Agreement s at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time any user finds the Terms and Conditions unacceptable, the user may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by the Company unless the Company agrees to them in a signed writing specifically including those new or different terms. The Company may change the Site at any time.
8. Indemnity. You agree to defend, indemnify, and hold harmless the Company (and its officers, directors, shareholders, and agents) 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 the Site, any Document posted by you, or your breach of this Agreement. The Company shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
9. User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through the Company's on-line operations only. Please note, as set forth in the Privacy Policy, that the Company may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, the Company reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.
10. General. Company contact information is listed on the Site. The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access the 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. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of New Jersey. The sole relationship between the user and the Company is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and the user shall cease all your use and access thereof immediately. Users may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by the Company in a particular "Legal Notice," or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and the Company.
1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site. These Terms and Conditions are effective as of August 1, 2010. Throughout these Terms and Conditions, "the Company" will refer to MergeSkills LLC (MergeSkills), and "the Site" or "the Website" will refer to MergeSkills.com.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by the Company) form a binding agreement between all users of the website and the Company. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
3. Acceptable Use of the Site. The Site is intended for individuals seeking to respond to posted business opportunities. You may use this Site only for lawful purposes within the stated context of the Company's intended and acceptable use of the Site. The Company is the sole interpreter of the Site's intended and acceptable use. The Company hereby grants users a limited, terminable, non-exclusive right to access and use the Site only for personal use seeking business opportunities for oneself. This authorizes the user to view and download a single copy of the material on the Site solely for the user's own personal, noncommercial use. All users agree to be solely responsible for the content of any Document posted to the Site and any consequences arising from such posting. Use of the Site is a privilege, and the Company reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4. Intellectual Property Rights. The Site and all right, title and interest in and to the Site are the sole property of the Company or its licensors, and are protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, the Company reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, users may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose; this includes copying or adapting the HTML code used to generate Web pages on the Site. The name "MergeSkills" and "MergeSkills.com", the MergeSkills logo, and certain other names or logos are service marks or trademarks of the Company, and all related product and service names, design marks and slogans are the service marks or trademarks of the Company. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) may also protected by the Company's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
5. Disclaimers and Limitations on Liability.
5.1 Allocation of Responsibility. The Company assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. The Company acts as a portal for the online distribution and publication of User submitted information and other business opportunities has no obligation to screen communications or information in advance, and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. The Company has no liability or responsibility to Users for performance or nonperformance of such activities. The Company may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
5.2 No endorsements. 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 web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
5.3 No Guaranty of Results. The Company makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the objectives of Users. The Company does not guaranty the formation of a business or company, or any contract award. The Company does not guarantee that Documents posted by Users 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.
5.4 WARRANTY DISCLAIMERS
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(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
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(i) THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) The Company makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any business opportunity it posts, any Documents posted by Users, or any other form of communication engaged in by Users. Documents and business postings] may contain inaccuracies or typographical errors. You agree that any reliance on business postings], Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) The Company makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
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(a) USERS 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.
(b) IN NO EVENT SHALL THE COMPANY (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, 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 JOB OPPORTUNITIES, 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 THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) 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 THE COMPANY'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL THE COMPANY (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00
(e) Due to the nature of this Agreement, in addition to money damages, you agree that MergeSkills will be entitled to equitable relief upon a breach of this agreement by you.
7. Amendments to this Agreement and Changes to Site. The Company may revise this Agreement s at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Use of the Site will be considered acceptance by you of the then-current Terms and Conditions. If at any time any user finds the Terms and Conditions unacceptable, the user may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by the Company unless the Company agrees to them in a signed writing specifically including those new or different terms. The Company may change the Site at any time.
8. Indemnity. You agree to defend, indemnify, and hold harmless the Company (and its officers, directors, shareholders, and agents) 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 the Site, any Document posted by you, or your breach of this Agreement. The Company shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
9. User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through the Company's on-line operations only. Please note, as set forth in the Privacy Policy, that the Company may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, the Company reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.
10. General. Company contact information is listed on the Site. The Company makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access the 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. This Agreement and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the state or federal courts in the State of New Jersey. The sole relationship between the user and the Company is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and the user shall cease all your use and access thereof immediately. Users may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by the Company in a particular "Legal Notice," or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and the Company.
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