| REPsourcing.com: Terms & Conditions |
• PARTIES:
• This Contract is entered into between the Contracting Firm or Representative ("you") and REPsourcing.com.
• ACCEPTANCE OF TERMS:
• Our provision of this service is subject to the following terms and conditions and any rules, guidelines, or policies (collectively, "Terms Of Service") which may be published from time to time by REPsourcing.com, and its subsidiaries, parent, affiliates, officers, directors, employees, agents, etc. We may update any and all from time to time and without notice. Please read them carefully. You understand that the Service is provided "as is" and that REPsourcing.com, assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any communication. This facility is not a "job listing service" as that term is defined in the California Civil Code and, as such, no bond has been posted. Use this service at your own risk, this is the Internet. We cannot control all postings, nor are such postings maintained and controlled within the confines of our facility as is ordinarily done with a designated job listing service.
• STANDARD CLASSIFIED ADVERTISMENT:
• By selecting this option, you agree to pay a non-refundable fee stated under billing option located on the "create ad" page for a Standard, monthly advertisment fee on REPsourcing.com. Upon completion of your classified advertisment, it will be listed by industry classifications that you have chosen.
• This advertisement will automatically renew at the published starting rate of your initial advertisment date and maintain your same rate for a period of one year. After one full year of advertising your rate will be revised to the new published rate then in existence at the 12 month anniversary date of your advertisment. You will be given the right to cancel on a monthly basis by notifying us in writing or email. If an extended period option has been selected and the advertiser cancels prior to the agreed upon term, no refund or credit will be granted.
• If you choose to upgrade your Standard Advertisment to a Premium Advertisment at anytime, your credit card will immediately be charged the difference and your next payment will be the new rate listed.
• PREMIUM CLASSIFIED ADVERTISMENT:
• By selecting this option, you agree to pay a non-refundable fee stated in the billing option under "create ad" page under per month for a Premium Advertisment on REPsourcing.com. Upon completion of your classified advertisement, your listing will appear in BOLD type under the industry classifications that you have chosen.
• This classified advertisment will automatically renew at the published starting rate of your initial advertisment posting date and maintain your same rate for a period of one year. After one full year of advertising your rate will be revised at the new published rate then in existence at the 12 month anniversary date of your advertisment posting. You will be given the right to cancel on a monthly basis by notifying us in writing or email. If an extended period option has been selected and the advertiser cancels prior to the agreed upon term, no refund or credit will be granted.
• If you choose to go back to the Standard Advertisment listing at anytime you will not be credited for the portion of the month that your listing was not in BOLD type.
• INDUSTRY CLASSIFICATION LISTINGS:
• REPsourcing.com gives you four (3) free INDUSTRY CLASSIFICATIONS. Each additional (Industry Classification) after the four (3) free is an additional fee as stated under billing option on the "create ad" page under per month per (Industry Classification). If you wish to change your listing at any time thereafter you may do so at the beginning of each month. Your additional fee will begin at the beginning of the month and will not be prorated.
• If you choose not add additional (Industry Classifications) right now, you may do so at a later date by contacting our office via email at REPsourcing@yahoo.com .
• (Additional Industry Classifications):
• By selecting this option, you agree to pay an additional fee stated in the billing option on the "create ad" page under per year per Additional INDUSTRY CLASSIFICATION listed in excess of the 3 included. Upon completion of your classified advertisment posting, you will be listed in any additional INDUSTRY CLASSIFICATIONS that you subscribe to in your application.
• If you choose not to add Additional INDUSTRY CLASSIFICATIONS right now, you may do so at a later date by contacting us via email at REPsourcing@yahoo.com.
• WEBSITE LINKS:
• By selecting this option, you agree to pay an additional fee stated in the billing option on the "create ad" page under per year for a hyperlink to your website.
• If you choose not add a Website Link right now, you may do so at a later date by contacting our office via email at REPsourcing@yahoo.com .
• CANCELLATION POLICY:
• You will be given the right to cancel at anytime by notifying us in writing or email. If an extended period option has been selected and the advertiser cancels prior to the agreed upon term, no refund or credit will be granted.
• DISCLAIMER:
• You acknowledge and agree that REPsourcing.com absolutely will not be responsible to you for damages you may claim as a result of any claimed negligence, passive or active, or malfeasance on the part of REPsourcing.com, its agents or representatives for any direct, indirect, incidental, special, consequential, exemplary damage claims you may suffer as a result of any of the following scenarios: REPsourcing.com absolutely does not guarantee that any of the following will occur:
• a.) Any match or any suitable employment match will ever be made;
• b.) The work of any subscriber hired is accurate or that their licensing or affiliations are current or in place;
• c.) Any subscriber maintains insurance coverage for mistakes; (You, as a subscriber, should ask for this if you deem it is important.)
• d.) Certain rates will be charged, or that any individual will be compensated at all;
• e.) Third-party beneficiaries are explicitly not intended to be created by the relationship and subscriber will indemnify REPsourcing.com should any such claims arise pursuant to paragraph below entitled, "Indemnification";
• f.) Your use of the Service will be uninterrupted, secure, timely, error-free, or virus-free. (Therefore, any damage to your system or loss of data resulting from any downloading will be your responsibility);
• g.) Your data will not and/or cannot be tampered with or modified by third parties without your consent, which is always a possibility with hackers. REPsourcing.com reserves the right in its absolute discretion to deny access and/or close down the site to any advertisers for any reason whatsoever. You further acknowledge that you were advised prior to activation of this account of this limitation of liability.
• PRIVACY POLICY:
• We at REPsourcing.com are committed to protecting your privacy online. When you register or use the paid services on our site, we collect personal information from you such as your name, e-mail address, billing address, telephone number, and if applicable, credit card or other payment information. Our third party content server will collect additional information such as the URL you came from, your IP address, your domain name, your browser type, the country, state and telephone area code where your server is located and the pages that were viewed during your visit to our site. All this information is kept on a secure server to protect it from outside parties. However, REPsourcing.com does not sell or rent personal information to others. We use your information only for the limited purposes of processing orders, contacting purchasers, sending promotional information, enhancing the site operation, for statistical purposes and for system administration.
• MEMBER CONDUCT:
• You acknowledge that REPsourcing.com, does not prescreen Content for accuracy, quality, integrity, or content. REPsourcing.com shall have the right (but does not have an obligation) to refuse or remove or delete any Content that it deems objectionable or which, in its sole discretion, is viewed as in conflict with or in violation of the Terms of Service. You agree that you must evaluate and bear all rights and obligations associated with the use of the Content and Service including reliance upon the accuracy, completeness, or usefulness of the Content or Service. REPsourcing.com, will not be responsible for any loss or damage of any kind incurred as a result of any errors or omissions in any Content uploaded, posted, emailed, or otherwise transmitted or hosted while using the Service. REPsourcing.com will not be responsible for damage from any outside virus or similarly compromising feature which finds its way into the Service through third parties or through criminal activity.
• SAFETY CONCERNS WARNINGS:
• REPsourcing.com will not be responsible for the unforeseen acts of criminals or other third parties. Users and Groups are advised to exercise considerable personal safety measures when responding to any Content or opportunity (as one must in the non-Internet job market when going on cold calls or the like). Do not assume that subscribers are screened via any police network or screening device.
• DISCLOSURE TO THIRD PARTIES:
• You acknowledge and agree that REPsourcing.com may preserve or remove any Content and may disclose Content, including information about your Service to any third parties if required by law or in the good faith belief that such preservation, removal, or disclosure is necessary to:
• a.) Comply with legal process;
• b.) Force Terms of Service
• c.) Respond to claims that any Content violated rights of other Clients or third parties; or
• d.) Protect the rights, property, or personal safety of REPsourcing.com, its members or is public.
• TERMINATION/ SANCTIONS:
• By way of example, and not as a limitation, you agree that REPsourcing.com may remove Content or terminate your account or any Group created by you without notice if REPsourcing.com believes, in its sole discretion, that you or any member of your Group are engaged in any of the following activities:
• a.) Uploading, posting, emailing, or otherwise transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of other's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• b.) Harming minors in any way;
• c.) Impersonating any person or entity including but not limited to any member or Group falsely stating or otherwise representing an affiliation to any person or Group;
• d.) Creating the false, misleading, or duplicative addresses for Group members in order to disguise the destination of any Content transmitted through this Service;
• e.) Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through this Service;
• f.) Adopting names and addresses for the purpose of cyber-squatting;
• g.) Uploading, posting, emailing, transmitting any confidential or proprietary information which you do not have a right to transmit under any law or agreements such as employment agreements, confidentiality agreements, trade secret agreements, or other contractual or fiduciary relationships;
• h.) Stalking or harassing another;
• i.) Harvesting information about others, including email addresses, without their consent;
• j.) Intentionally or unintentionally violating any applicable local, state, international, or national law including but not limited to regulations of the United States SEC, NASDAQ, NYSE, American Stock Exchange;
• k.) Interference with or disruption of the Service or servers or associated, affiliated, or utilized networks, whether intentional or unintentional;
• l.) Uploading, posting, emailing, or otherwise transmitting unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," and any other forms of such unacceptable activity or solicitation;
• m.) Infringing upon any trademark, copyright, publicity or other proprietary rights of any party.
• n.) Any other activities which any member of the shareholders find objectionable.
• INDEMNIFICATION:
• You agree to indemnify, defend and hold harmless REPsourcing.com from any loss liability, claim, demand, damage, or expenses, including reasonable attorneys fees asserted by any third party against REPsourcing.com due to, arising from, or relating to:
• a.) Any Content that you upload, submit, post, transmit through the Service;
• b.) Your use in any manner of the Service;
• c.) Your connection to the Service;
• d.) Your violation of the Terms of Service;
• e.) Your violation of the rights of another Group or entity or individual. REPsourcing.com reserves the right to assume the defense and control of any matter other wise subject to the defense and /or indemnification obligation, which shall not excuse your obligations in any manner.
• JURISDICTION & VENUE:
• This Agreement is governed by the laws of the State of California. You understand that REPsourcing.com is based in California and that the contract was made in California, and the Parties hereby submit to the exclusive jurisdiction and venue in the federal and state courts in Californa over any disputes with REPsourcing.com or that are based on, arise out of, or relate to this Agreement.
• ARBITRATION OF ALL DISPUTES REQUIRED:
• The parties hereto agree that any claims, actions, or disputes shall be resolved through the procedures set forth by the American Arbitration Association in accordance with their Commercial Rules of Procedure. The Right to Jury Trial guaranteed by the Constitution is hereby waived with relation to any disputes arising from or relating to this Terms of Service or any alleged breach thereof or for any other legal claim resulting as a result of this Service.
• PROPRIETARY RIGHTS:
• You acknowledge and agree that text, software, sound, graphics, video, page layout, design, and other material presented in this Service is protected by copyright, trademark, service marks, patents, or other proprietary rights and laws. You acknowledge that REPsourcing.com can display images and text throughout the Service, including the insertion of sponsor messages onto mailing groups. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell, or distribute in any way Content available through this Service.
• RESALE:
• You agree not to reproduce, duplicate, copy, resell, or exploit for commercial purposes, the Service, use of the Service, or access to the Service.
• EXTERNAL LINKS:
• The Service, or third parties, may provide links to World Wide Web sites and resources. You acknowledge and agree that REPsourcing.com is not responsible for the availability of theses resources and does not endorse, nor is REPsourcing.com responsible for, any Content, advertising, products, or other material on or available from such sites, which you are warned may contain defamatory, obscene, offensive or illegal material. Further, you acknowledge that REPsourcing.com shall not be held responsible or liable, directly or indirectly, for any loss or damage caused by or alleged to be caused by reliance on or use of any such Content, goods or services available on or through the sites or resources.
• LIMITATION OF LIABILITY:
• No advice obtained by you from REPsourcing.com, whether oral or written, shall create any warranty not expressly stated in the Terms of Service. In no event, shall any claim for monetary liability in any action at law or in equity exceed the amount of the monthly subscription fee actually paid for the year in which the occurrence was alleged to have happened.
• OTHER TERMS:
• This Agreement is not final until you submit your listing to REPsourcing.com, after which you will be notified by e-mail.
• NOTICES:
• Notices may be sent to you via email or at the address you have provided via first class U.S. Mail in the discretion of REPsourcing.com.
• ENTIRE AGREEMENT:
• The parties agree that the Terms of Service constitute the entire agreement between the parties, superseding any prior agreements, and negating any additional or further agreements that are not in writing signed by the party to be charged. No waivers of any individual term within the Terms of Service shall constitute a waiver of the remaining terms. No failure to enforce any term or provision shall constitute a waiver of that term or provision.
• HEADINGS:
• You agree that the Section titles in this Terms of Service, and specifically, the order in which those terms are set forth, do not have any specific legal effect or meaning and are for convenience only.
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