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Terms and Conditions of Use
The document on this eBullpen web site page states the Terms and Conditions under which You (User, Your) may use eBullpen.com (eBullpen, Bullpen, the Site, We, Us, Our, the Company). Please read these terms and conditions, carefully, and if You do not accept them, do not use this web site or service. By using the site, You are indicating Your acceptance to be bound by these Terms and Conditions. eBullpen, LLC may revise these Terms and Conditions at any time by updating this document, and You should visit this page periodically to review the Terms and Conditions, because they are binding on You. The term "You" refers to all individuals and/or entities accessing this web site for any reason.
Use of Site Content
We permit You to view and access a single copy of the content available on or from eBullpen.com solely for Your personal, non-commercial use, unless otherwise specified.
Content of the Web Site, such as text, graphics, images, logos, button icons, software and other Web Site content, are protected under United States copyright, trademark and other laws. All content on this Site is the property of the Company, or its content suppliers or licensors. The arrangement of all content on the site is also the exclusive property of the Company and protected by U.S. copyright laws. Unauthorized use of the Web Site Content may violate copyright or trademark or both, and You must retain all copyright, trademark, service-mark, and other proprietary notices contained in the original content on any copy You make of the Web Site Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose. Use of the Content on any other web site or in another environment for any purpose is prohibited, unless expressly permitted in writing by the Company.
You may not copy or modify the HTML code that the Company uses to generate the Site Content or the pages that together constitute the Site. This code is also protected by the Company's copyright.
Permitted Site Use
General Rules: Using the Site itself for information gathering is free as long as You adhere to these terms and conditions. However, to make use of the site for the purpose of finding work as a job seeker or for the purpose of finding workers as an employer, You must register and may be required to pay a subscription on a term basis. Job Seekers may currently register for a free 6 month subscription. These time-based terms may vary, but are typically for terms ranging from a month to a year, and You will be regarded as a paid member for the amount of time specified in the plan You choose. We have not agreed to provide you with a subscription until and unless you receive an E-mail or other written communication from us confirming your registration and acceptance, and your payment, if required, has been received in full.
Users may not use any part of the 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.
eBullpen Site Security Rules
You must not, directly or indirectly, violate or attempt to violate the security of our Site. Such activity includes, but is not limited to: (a) accessing data not intended for You, logging into a server or account which You are 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) interfering or attempting to interfere in any way with service to any user or entity using eBullpen, by any means, known and unknown, including but not limited to viruses and spamming techniques, or (d) forging or attempting to forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Such violations of security may result in civil or criminal liability to You. We will investigate potential violations of our site security and may summon and cooperate with, law enforcement authorities in prosecuting anyone involved in such violations of our security.
Specific Prohibited Uses
Our Site may be used only for information purposes to general users and for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits, and You agree not to use the Site for any of the following:
• Posting any incomplete, false, or inaccurate biographical or autobiographical information.
• Recruiting for any arrangement or opportunity which requires up-front or periodic payment from another party, constitutes recruitment for a franchise or pyramid-type arrangement, or pays commissions only (unless clearly represented as such), or requires recruitment of others of our members, sub-distributors or sub-agents, or constitutes recruitment for modeling or talent.
• Using the Site database for any purpose other than as an employer seeking employees, or Job Seeker looking for work. This includes, but is not limited to using the database information to sell or solicit for any other products or services, or attempting to contact another user party for gathering of information for any other purpose than as an employer seeking employees or a Job Seeker looking for work.
• Sending unsolicited or irrelevant mail, e-mail, and faxes, or making unsolicited or irrelevant phone calls. Job Seekers consent to being approached by employers who find them via a search of our database, but only using the mechanism provided by the site. Contact after this initial approach, by whatever means must be with the mutual consent of Job Seeker and Employer.
• Deleting or revising any material posted by any other person or entity.
• Using any means whatsoever to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the site, or taking any action which imposes an unreasonable or disproportionately large load on our Site's infrastructure.
• Disclosing to or sharing any membership password with anybody, or using the password for any unauthorized purpose.
• Notwithstanding anything to the contrary contained herein, using or attempting to use any device or software to search or navigate the site, other than our own inbuilt search engine, using recognized browsers, or unless You are a recognized and legitimate search engine, such as those owned and operated by Yahoo®, Google® or MSN®, whose purpose is to search and ‘crawl’ the site for the purpose of listing and ranking the site in their search engine. Whether or not a search engine meets these criteria will be determined by the company in its sole discretion.
• Attempting to reverse engineer, by any means, any of the software or mechanisms comprising or in any way making up the Site.
• Collecting or copying, in any manner, any of the Web Site Content or information available from the Site.
• Framing of or linking to any of the Web Site Content or information available from our 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 use this information and disclose to third parties, on an anonymous basis, certain collected information contained in Your registration application. The Company will not, however, 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, but does not at this time, offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter. Please see the Company's Privacy Policy for further details regarding Your Information.
Each job seeker made available to Employers through eBullpen is on an “as is” basis. eBullpen does not evaluate the individual, but rather relies on the honesty of that individual. Each employer should, therefore, take steps to evaluate the job seeker, using his/her own specific employment criteria. Similarly, eBullpen cannot warrant that an employer is who he or she claims to be. However, information about both employers and job seekers is collected at time of registration and can be retrieved if the information is relevant to a legal proceeding.
User Submissions
You are responsible for Your own communications and are responsible for the consequences of their posting on the Site. You must not, and by using the Site You agree not to: post material that is the intellectual property or trade secret of somebody else, unless You can show that You have permission from that person to do so; post anything that infringes the privacy of others; post anything that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic; post a sexually explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; post material that contains viruses, or any variation of what are commonly called viruses, designed or intended to damage or interfere with the normal operation of the site, system, or the content or information on the Site.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by You or other users, or endorse any opinions expressed by users. You acknowledge that if You rely on material or information posted by others, You do so at Your own risk.
The Company acts as a passive connection 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. However, whether notified by a user, or by anybody else, the Company reserves the right to take any action it deems necessary or appropriate, in its sole discretion, to protect itself and users from violation of the law or the terms governing communications and information, including but not limited to removal of communication or expulsion of users.
By submitting a transmission or any content to any part of the Site, including but not limited to chat rooms, You grant us complete, perpetual, and royalty and fee-free non-exclusive rights to that transmission, and license to use that submission or any part of it in any manner we deem suitable, appropriate or necessary. You also warrant that anybody holding rights in that submission has effectively waived those rights in their entirety and has granted You the right to grant the foregoing license to us, and permission for the submission to be viewed by anybody who happens to see the submission. Subject to these foregoing terms, however, the owner of such a submission retains any and all rights in it.
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the site, or are otherwise misleading, are prohibited.
Whilst we appreciate feedback, we do not accept suggestions or inventions, unless we have specifically asked for them as evidenced by an official company purchase order. If You insist, in spite of this, on sending us Your ideas or any material, the whole of that submission becomes our property, to use or publish as we wish, within our complete discretion, and without any obligation of confidence, non-disclosure, or compensation to anybody.
Registration and Password
You are responsible for maintaining the confidentiality of Your information and password. You are responsible for all uses of Your registration, whether or not authorized by You, and You agree to notify the Company immediately of any unauthorized use of Your registration or password.
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement
When eBullpen publishes material on our Site, which has not been written by us, we always attempt to locate and contact the copyright owner to ask his or her permission to publish. If that is not possible, because the piece carries no copyright or does not identify or suggest a means to contact the copyright owner, we may publish the material in our knowledge base, or provide a link to the material, on the basis that the Internet is an information source, and we are providing information to a user. Access to our information is free and no profit is derived from that publication. The purpose of the publication is to inform, educate and sometimes to comment upon it.
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:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing the copyright;
3. 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;
4. Your name, address, telephone number and, if You have one, Your e-mail address;
5. 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
6. 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.
7. If we find that we have indeed infringed copyright, our liability in such a case will be limited to a written apology to the copyright holder and removal of the copyrighted material from our site.
Michael Sproul has been designated as our agent to receive notices of claims of copyright infringement on our web site. You can contact Michael as follows:
By mail: Michael Sproul
eBullpen LLC, 10411 Corporate Drive, Suite 208, Pleasant Prairie, WI 53158
By telephone: +1 (262) 857 8184
By e-mail: michael.sproul@ebullpen.com
Policy Regarding Termination Of Users And Account Holders Who Infringe The Copyright Or Other Intellectual Property Rights Of Others
eBullpen, LLC and our Site, eBullpen.com, respect the intellectual property of others, and we ask You to do the same. As a condition to Your use of this Web Site, You agree not to use the Web Site to infringe the intellectual property rights of others in any way. We reserve the right, at our discretion and without notice or liability for loss of use, to terminate at any time the account of, and block access to our Site for any users who infringe the copyrights, or other intellectual property rights, of others.
The Company's Liability
eBullpen.com is a job search area. We are an area where employers can search for potential employees and job seekers can make themselves available for interview and work. We do not actively screen or censor information, nor are we involved in the transaction between employer and job seeker after our system has matched the requirements. We sell subscriptions for the purpose of facilitating online introductions between employers with open positions and job seekers, based on personality fit and broad work experience. As a result, the Company has no control over the quality, safety or legality of the positions offered by employers, the truth or accuracy of the listings, the ability of employers to offer job opportunities, or the ability of any job seeker to fill open job opportunities, and specifically disclaims any such warranties and/or representations in this regard. In addition, note that there are inherent risks of dealing with strangers. You assume all risks associated with dealing with other users with whom You come into contact through the Site.
The Company cannot and does not confirm that each user is who they claim to be, and does not involve itself in dealings between You and others, nor can it control the behavior of users. In the event that You have a dispute with one or more users, You release the Company, its officers, agents and employees from claims, demands and damages of any and every kind and nature, arising out of, or in any way connected with such disputes and/or the use of the site generally. If You are resident somewhere that does not permit a company to exclude such claims, demands and damages, by Statute, Code, or Common Law, then You should leave our site. If You use the site, despite this term, You waive the benefit to You or anybody else of such Statute or Code.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available to You through the Site. Other people's information may be offensive, harmful, inaccurate, mislabeled, or deceptively labeled.
We expect that You will use caution and common sense when using the Site.
The Web Site Content may contain inaccuracies or errors or various types. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of Site or its Content. The use of the Site and its Content is entirely at Your own risk. Changes are periodically made to the Site and may be made at any time.
You acknowledge and agree that You are solely responsible for what You transmit on, to, or through the Site.
The Company is not to be considered to be an employer with respect to Your use of the eBullpen Site and the Company shall not be responsible for any employment decisions made, for whatever reason, by any entity. Consequently, eBullpen does not charge employers or job seekers in the event that an employment decision (a hire) is made.
Warranty
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE 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 SITE AND 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 Liability and Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE 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 OF OR INABILITY TO USE THE SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
If You are dissatisfied with any part of, or all of our website, or with any or all of our Terms and Conditions of Use, Your only remedy or recourse is to discontinue use of the site.
Links to Other Sites
The Web Site may 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 or accuracy of such sites. If You decide to access linked third party Web sites, You do so at entirely Your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign Your rights or obligations under these Terms, or make any unauthorized use, commercial or otherwise, of the Site.
Termination
The Company reserves the right, at its sole discretion, to pursue all possible legal remedies, including but not limited to termination of Your account and Your access to the Site, if You breach any of these Terms and Conditions of Use, or if we are unable to authenticate any information that You submit to the site, which we choose to verify.
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 any material You provide to the Site, any Site Content that You use, or Your breach of these Terms and Conditions. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and may choose, in its sole discretion to 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, under the laws of that country, or the laws of the United States. 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 Illinois, USA, 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 Illinois. 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 that or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, these Terms and Conditions constitute the entire agreement between You and the Company with respect to the use of the Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page by the Company.
Internet Disclaimer
Your connection to the Internet and our site requires access services from Your local Internet Service Provider (ISP). Please contact Your provider for details if You have any questions regarding Your connectivity.
Additional Terms of Use
Certain areas of the Web Site may be 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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