Disclaimer

TERMS AND CONDITIONS

Updated January 20013

These “Terms and Conditions”  govern your use of CPGjobs.com.  Please read these carefully.

You (the terms “You” and “User”  as used herein refer to all individuals and/or entities accessing this web site for any reason.) agree to adhere to the following Terms & Conditions by utilizing CPGjobs’ services, system, and/or web site (individually and collectively referred to herein as the “Site”):

ACCEPTANCE OF TERMS AND CONDITIONS

Please read this page carefully. If you do not accept the Terms and Conditions stated herein, do not use this Site and service.  By using this Site, you are indicating your acceptance to be bound by these Terms and Conditions.

Synchronicity Inc., LLC dba CPGjobs, CPGjoblist, CPGjobs.com, and CPGjoblist.com, (“Company”) may revise these Terms and Conditions at any time by updating this posting.  You should visit this page periodically to review the Terms and Conditions, because they will bind you if you use this Site.

The Company may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any feature(s), at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the “Services”) or any features thereof; (iii) removing, adding, modifying or otherwise changing any materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. Company reserves the right but does not undertake the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

Using CPGjobs’ Site

Company authorizes you to view and download the material on the Site solely for your personal, noncommercial use or otherwise by written agreement with CPGjobs.com.

The contents of this Site, such as the “look”  and “feel” of the Site, text, graphics, images, logos, button icons, software and other material (all of which are collectively referred to herein as “Material”), are protected under both United States and foreign copyright, trademark and other laws.  All Material is the property of Company or its content suppliers or customers.  The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Company and protected by U.S. and international copyright laws.  Unauthorized use of the Material may violate copyright, trademark, patent and other laws.  You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material.  You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.  The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML or other code that Company creates to generate its pages. It is also protected by Company’s copyright.

ACCEPTABLE SITE USE.

General Rules: Users may not use the Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, 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 harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing, tortious, hateful or otherwise objectionable.

STANDARDS FOR INTERNET CONDUCT/ACCEPTABLE SITE USE.

In connection with your use of the Web Site, you will not:

  • Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others
  • Post or transmit any message, information, data, text, software or images, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortious, otherwise objectionable or that may invade another’s right of privacy or publicity.
  • Impersonate any person or entity, including, without limitation, a Company employee or agent, an authorized user of Company’s services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
  • Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the resume of an individual other than yourself).
  • Delete or modify any material posted by any other person or entity not related to you.
  • Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
  • Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
  • Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
  • Violate or attempt to violate the security of the Site, including, without limitation:
  • Access data not intended for such user or log into a server or account that the user is not authorized to access;
  • Probe or attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Interfere or attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text,“flooding”, “spamming”, “mailbombing”, or “crashing”;
  • Send unsolicited advertising, promotional materials, e-mail, “junk mail”, “chain letters”, or any other form of solicitation; or
  • Forge any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and/or cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

SPECIFIC PROHIBITED USES.

The Site may be used only for lawful purposes by individuals seeking employment and career information and CPGjobs.com member or authorized companies seeking to hire employees and manage relationships with their placement vendors. Company specifically prohibits any use of the Site, and all users agree not to use the Site, for any of the following:

Posting or transmitting any unsolicited advertising, promotional materials, junk mail, “spam,” chain letters or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise is prohibited.  YOU MAY NOT SPAM OUR MEMBER OR AUTHORIZED COMPANIES OR CANDIDATES WHOSE RESUMES APPEAR ON THE WEB SITE. YOU MAY NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON BEHALF OF YOURSELF. RECRUITERS AT A MEMBER OR AUTHORIZED COMPANY MAY NOT USE ALLOCATED JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS AT THE MEMBER OR AUTHORIZED COMPANY.

The following are prohibited:

  • Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume that you have posted for the purpose of seeking job opportunities for yourself (living individual seeking employment on a full-time or part-time basis on his or her own behalf). Recruiters representing candidates may not send that candidate’s resume in response to a job posting.
  • Posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary) or requires recruitment of others including, but not limited to, members, sub-distributors or sub-agents.
  • Deleting or revising any material posted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site.
  • Taking any action that imposes an unreasonable or disproportionately large load on this Site’s infrastructure.
  • IF YOU HAVE A PASSWORD ALLOWING ACCESS TO A NON-PUBLIC AREA OF THIS SITE, DISCLOSING TO OR SHARING YOUR PASSWORD WITH ANY OTHER PERSON OR ENTITY OR USING YOUR PASSWORD FOR ANY UNAUTHORIZED PURPOSE.
  • Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Company on this Site and other than generally available third party web browsers (e.g., Firefox, Chrome, Safari, Internet Explorer).
  • Compiling, copying or duplicating in any manner any of the materials or information available from the Site.
  • Framing of or linking to any of the materials or information available from the Site.

USE OF SECURE AREA AND PASSWORD.

Use of any password-protected area of the web site is restricted to the registered user who has been given permission and a password to enter such area. This password cannot be distributed to others, and the registered user is responsible for any and all damages to Company resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password.  You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Company of any unauthorized use of your registration or password.

USER INFORMATION.

In addition to the terms and conditions that may be set forth in any privacy policy on this Site, you understand and agree that Company may disclose to third parties, on an anonymous basis, certain aggregate information compiled from information that you place on the Site.  Company reserves the right to offer third party services and products to you based on the preferences that you identify; such offers may be made by Company or by third parties.  Please see Company’s Privacy Policy for further details regarding your information.

STRUCTURAL  ARRANGEMENTS.

In connection with your use of the Site, Company has not undertaken to act as the representative of any employer, or authorized or Member Company.  Company will not act as an advocate of any Reseller in its dealings with Member Companies or candidates.  Resellers are responsible for negotiating all financial arrangements directly with Member Companies, and to seek all remedies and redress directly from the Member Company in the event of any dispute with respect to the placement of a candidate.  Member Companies understand that when dealing with Resellers through the Site such Member Company will be responsible to such Reseller for the fees charged by such Reseller in connection with such placement.

USER SUBMISSIONS.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Site you agree not to, do the following things: post the resume of anyone other than yourself, post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; delete any author attributions, legal notices or proprietary designation or labels that you upload; post material that reveals trade secrets, unless you own them or have the permission of the owner or otherwise post or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as material protected by a nondisclosure agreement); post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, corrupted data, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Company acts as a passive conduit 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.  If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to users for performance or nonperformance of such activities. Company reserves the right to expel users and prevent their further access to the Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Company or may cause Company to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, you grant Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You also permit any subscriber to access, display, view, store and reproduce such content for personal use.  Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.

COMPANY’S LIABILITY.

Company is only a venue.  This Site acts as a venue for (i) companies to post job opportunities and to interact with their placement vendors and (ii) for candidates to post their own resumes for the purpose of evaluating job opportunities for themselves. Company does not screen or censor the profiles or other information. Company is not involved in the actual transaction between Member Companies and their vendors or companies and candidates. As a result, Company has no control over the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings, the ability of companies to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site.

Because user authentication on the Internet is difficult, Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on Company, in the event that you have a dispute with one or more users, you release Company (and its agents and employees) from any and all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Site.  By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Site.

The Material may contain inaccuracies or typographical errors.  Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material.  The use of the Site and the Material is 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 the form, content and accuracy of any resume or material contained therein placed by you on the Site.  Companies are solely responsible for their postings on the Site.

Company does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user.

Company is not to be considered to be an employer with respect to your use of the Site and Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs or candidate profiles on the Site.

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 WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

DISCLAIMER OF DAMAGES.

Should you have any complaints about the site or its services, you agree to register those complaints within 24 hours to the site so that those complaints may be addressed promptly.  If no reasonable and satisfactory remedy can be reached, you here by agree that your damages are limited as follows:

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO THE USER FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS (AS DEFINED IN THE UNIFORM COMMERCIAL CODE), OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT AS PROVIDED IN THE LIQUIDATED DAMAGES CLAUSE HEREIN BELOW.

LINKS TO OTHER SITES.

The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

NO RESALE OR UNAUTHORIZED COMMERCIAL USE.

You agree not to resell or assign your rights or obligations under these Terms and Conditions.  You also agree not to make any unauthorized commercial use of the Site.

LIQUIDATED DAMAGES.

The User and the Company agree that if the Company breaches the Terms and Conditions or if the User has a claim arising from the use of the Materials or the Site or the Privacy Policy as stated herein, then resulting damages to the User would be impracticable or extremely difficult to determine because the nature of the services provided by the Company to the User are unique.  Because of this difficulty in determining the damages resulting from such a breach or claim, the parties agree that, in the proven event of such a breach or claim, the Company shall pay to the User the sum of $250.00 as liquidated damages, and the User hereby waives any other damages, whether actual or consequential as against the Company.

TERMINATION.

Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from this Site and immediate termination of your registration with or ability to access the Site and/or any other service provided to you by Company, upon any breach by you of these Terms and Conditions or if Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Site.

INDEMNITY.

You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees and agents, from and against any claims, actions, liabilities, costs, expenses or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

ADDITIONAL TERMS OF USE.

Certain areas of this Site 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.

ARBITRATION.

The parties agree that any claim or dispute arising out of or relating to the Site, the Site’s services, the Materials or any offset, counter-claim or defense asserted with regard thereto, as well as all statutory or common law claims, shall be submitted to binding arbitration in accordance with the stream lined arbitration rules of JAMS and shall be held at the Los Angeles office of JAMS before a single arbitrator.  Judgment may be entered upon the award rendered by JAMS and enforced in any court having jurisdiction thereof.

GENERAL.

Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States.  Access to the Materials may not be legal by certain persons or in certain countries.  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.  These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.  Venue for any arbitration proceeding, confirmation proceeding, or other action arising under and permitted by these Terms and Conditions shall lie exclusively within Los Angeles County, California.  If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the invalidity, illegality, or unenforceability 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 such term or any other term.  Except as expressly provided in the Terms and Services, additional terms of use for areas of the Site a particular “Legal Notice,” or Software License or material on particular Site pages, these Terms and Conditions constitute the entire agreement between you and Company with respect to the use of Site.  No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Reseller or Member Companies are not the agent(s) or legal representative(s) of the Company, nor is the Company the agent or legal representative of the Reseller or Member Companies for any purpose whatsoever.  No party is granted any express or implied right or authority by the other party to assume or to create any obligation or responsibility on behalf of or in the name of the other party, or to bind the other party in any manner or thing whatsoever.

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