Terms and Conditions
NETWORKED RECRUITER WEBSITE TERMS & CONDITIONS OF USE/DISCLAIMER

Welcome to Networked RecruiterSM, a site dedicated to networking, career advancement, and the sharing of best practices in the field of professional recruiting.

Please read this important information before visiting our site or attending one of our events. The Terms & Conditions and Privacy Policy are in place to protect all of us.

The Networked RecruiterSM service is operated by TalentWar.net, Inc. dba Networked Recruiter (collectively, "us", "we" or "Networked Recruiter" or "Service" or "Site" or "Membership").

1. Copyright Notice

© Copyright 2006-2010 TalentWar.netSM dba Networked RecruiterSM. All rights reserved. All content, graphics and publications on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of TalentWar.netSM, which reserves all rights. Re-use of any of TalentWar.netSM and/or Networked RecruiterSM content and graphics for any purpose is strictly prohibited.

2. Terms & Conditions of Use General

Please read the Terms & Conditions of Use/Disclaimer as this contains important information concerning regarding the use of this website (the site) and attending an event. By accessing this site and/or attending an event, you accept and agree to be bound by, and comply with, the terms and conditions of use.

These Terms & Conditions of Use/Disclaimer are to be read in conjunction with any terms, conditions or disclaimers provided in the pages of the site. The Term & Conditions of Use/Disclaimer contain important information and should be accessed and read before in conjunction with the information displayed on the site. If you access and use this site and/or attend an event, whether or not you are a registered member of Networked RecruiterSM, you accept and agree to be bound by and comply with the Terms & Conditions of Use. If you do not accept the Terms & Conditions of Use, do not use the site and/or do not attend an event.

3. Changes to Terms & Conditions of Use/Disclaimer

Networked RecruiterSM reserves the right to change the Terms & Conditions of Use or any material on this website at any time. Any such change will become effective immediately upon publication to this website. You agree to review these Terms & Conditions of Use/Disclaimer each time you access this site.

4. User Accounts

Your login may only be used by one person - a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You may not use Networked Recruiter for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction (including but not limited to copyright laws).

5. Eligibility

Membership in Networked Recruiter is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

6. Anti SPAM and Usage Policy

Networked RecruiterSM expressly forbids SPAM (not adhering to the CAN-SPAM Act of 2003). Networked RecruiterSM has a zero tolerance SPAM policy. Any customer found to be using Networked RecruiterSM for SPAM will have their account subject to immediate termination. We cannot and do not, monitor, censor or edit the contents of email messages sent using our system. Users alone are responsible for the contents of their messages and the consequences of any such messages. We do not assume any responsibility or liability for messages or other content that is created by our users. You may not send, post, distribute or disseminate any defamatory, obscene, or otherwise unlawful messages, material or information, including another person's proprietary information (including trademarks, trade secrets, or copyrighted information) without express authorization from the rights holder. We will cooperate with legal authorities in releasing names and IP addresses of users who are involved in SPAM or other illegal activities.

7. Payments, Refunds, Upgrading, Downgrading

There is no cost to participate as a Free Member on Networked Recruiter. You have the option of utilizing additional features within the site by upgrading your membership or paying for the one time use of some of our services. You will be billed immediately for one time services and for your first month immediately upon upgrading your account. The membership is billed in advance on a monthly or annual basis, depending upon the license you purchase and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All services and memberships are non-refundable. Unfortunately we cannot make any exceptions. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Networked RecruiterSM reserves the right to change our membership fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the website.

8. Cancellations

You are solely responsible for properly cancelling your paid membership account and downgrading to a free membership. You can cancel your paid membership account at any time by clicking on the Account Settings link and following the cancelation steps on the top right of page. An email or phone request to cancel your account is not considered cancellation. All of your Content relating to your paid membership will be immediately deleted upon cancellation. This information can not be recovered once your paid account is cancelled and you are downgraded to the free membership. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Networked RecruiterSM, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Networked RecruiterSM service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Networked RecruiterSM reserves the right to refuse service to anyone for any reason at any time.

9. Prohibited Uses and Conduct

1. Illegal Activities - Any activity which violates local, state, federal or international law.

10. CONDUCT

You agree not to post, email, record, or otherwise make available Content or involve in any illegal activities which violates local, state, federal or international law:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

b) that is pornographic or depicts a human being engaged in actual sexual conduct;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates international, federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

e) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.

f) that impersonates any person or entity, including, but not limited to, a Networked Recruiter employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

g) that includes personal or identifying information about another person without that person's explicit consent;

h) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

j) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

n) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

o) "stalk" or otherwise harass anyone;

p) collect personal data about other users for commercial or unlawful purposes;

q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Networked Recruiter;

r) attempt to gain unauthorized access to Networked Recruiters computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Networked Recruiter website.

10. Intellectual Property

This website and all information contained therein, including, without limitation, the look and feel of the site and all design, text, images, trademarks, tradenames, logos, white papers, press releases and other information, and all software products advertised, presented, or discussed therein, is protected under United States and other copyright laws and is owned by Networked RecruiterSM or used under license from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to this website, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by Networked RecruiterSM. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Networked Recruiter'sSM prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. Networked Recruiter'sSM trademarks, tradenames, logos, images, and, service marks used on this site are the property of Networked RecruiterSM and may not be used without prior written permission from Networked RecruiterSM and then only with proper acknowledgment.

11. Disclaimers of Warranties and Liability

1. NETWORKED RecruiterSM, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT REPRESENT OR IMPLY ANY PERFORMANCE LEVEL OR GUARANTEE IN RELATION TO THE NETWORKED RecruiterSM SYSTEM OR THIS SITE. NETWORKED RecruiterSM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RESULTING FROM THE USE OF THE NETWORKED RecruiterSM SYSTEM OR IN CONNECTION WITH, YOUR USE OF THIS SITE OR ANY INFORMATION DISPLAYED ON THIS SITE.

2. NETWORKED RecruiterSM AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS ON THIS SITE. NETWORKED RECRUITER® MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THIS SITE OR THE NETWORKED RecruiterSM SYSTEM.

3. IN NO EVENT SHALL NETWORKED RECRUITER® BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THIS WEBSITE, EVEN IF NETWORKED RECRUITER® SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.

4. THERE MAY BE OMISSIONS OR INACCURACIES ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NETWORKED RecruiterSM SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS SITE. NETWORKED RecruiterSM MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. IN NO EVENT SHALL NETWORKED RecruiterSM BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE SERVICE OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE AND/OR THE NETWORKED RecruiterSM SYSTEM.

5. YOUR ABILITY TO ACCESS THIS SITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. NO WARRANTY IS MADE THAT THE FUNCTIONS OR SERVICES PERFORMED BY USER IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT IT'S OWN RISK.

6. NETWORKED RecruiterSM DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.

7. NETWORKED RecruiterSM DOES NOT HAVE THE ABILITY TO SCREEN PARTICIPANTS REGISTERING FOR OUR EVENTS. WHEN MEETING INDIVIDUALS AT NETWORKED RECRUITER® EVENTS, PLEASE TAKE THE SAME PRECAUTIONS YOU WOULD WHEN MEETING OTHER PEOPLE YOU DO NOT KNOW. WE CANNOT VERIFY EITHER PERSONAL OR PROFESSIONAL INFORMATION ON OUR PARTICIPANTS: IT IS UP TO YOU TO CLARIFY THESE ISSUES TO YOUR OWN SATISFACTION.

8. NETWORKED RecruiterSM IS NOT A LEAD GENERATION COMPANY. OUR GOAL IS TO HELP BUSINESS PROFESSIONALS MEET OTHER BUSINESS PEOPLE IN THEIR COMMUNITIES. NETWORKED RecruiterSM DOES NOT GUARANTEE THAT ANY PARTICIPANT WILL SUCCESSFULLY MATCH WITH ANOTHER PARTICIPANT.

9. NETWORKED RecruiterSM DOES NOT SCREEN THE MEMBERS REGISTERING FOR SERVICES OFFERED BY NETWORKED RecruiterSM IN ANY WAY. AS A RESULT NETWORKED RecruiterSM WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NETWORKED RecruiterSM DOES NOT SCREEN PARTICIPANTS REGISTERING FOR OUR EVENTS. WE ASK WHAT COMPANY AND PROFESSION PEOPLE ARE EMPLOYED IN, BUT WE DO NOT VERIFY THIS INFORMATION. THEREFORE, NETWORKED RecruiterSM IS NOT LIABLE FOR THE INTEGRITY OF STATEMENTS MADE BY MEMBERS AS TO THEIR IDENTITY, PROFESSION AND GENERAL BACKGROUND. IT IS INCUMBENT AND ADVISED UPON THE USER TO VERIFY ANY AND ALL INFORMATION RELATING TO BUT NOT LIMITED TO THIS SUBJECT. IT IS ADVISED TO CHECK REFERENCES OF ANY MEMBER.

12. Indemnification

When you register or use this site or attend a Networked Recruiter event, you are agreeing that neither Networked RecruiterSM nor any of its associates is liable for any damages, direct or indirect, that may in any way arise out of the Networked RecruiterSM program. This includes, without limitation, damages arising out of meeting or communicating with other participants in programs sponsored by or affiliated with Networked RecruiterSM. Networked RecruiterSM takes every reasonable precaution to choose event venues that are safe; however Networked RecruiterSM has no control over these venues. Therefore, in the event that you are injured or suffer damages at a Networked RecruiterSM event, you agree to release Networked RecruiterSM from any liability with respect thereof. You will defend, indemnify, and hold harmless Networked RecruiterSM, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Networked RecruiterSM service, including any breach by you of the terms of this Agreement.

13. Statute of Limitations

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 Website, Terms and Conditions of Use, Privacy Policy, or Software Terms must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

14. Jurisdiction

By visiting the Website or attending an event, even if from a location outside the United States, You agree that the laws of the State of California will govern these disclaimers, Terms and Conditions of Use, Privacy Policy, or Software Terms, without giving effect to any principles of conflicts of laws. Provider reserves the right to make changes to its Website and these disclaimers, Terms and Conditions of Use, Privacy Policy, and Software Terms at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of California.

15. Privacy

Your expectations of privacy are important. The Privacy Policy which you can find on this site explains how Networked RecruiterSM collects personal information from you and then maintains, uses and discloses that information. Please carefully read the separate Privacy Policy.

16. Third Party Links

This website may include links to third party websites. These links allow you to exit this site and enter third party websites. These links are provided only as a convenience. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by Networked RecruiterSM and Networked RecruiterSM is not responsible for the information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. In no event shall Networked RecruiterSM be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' websites or the information, advertising, products, resources or material accessed through these websites. Networked RecruiterSM reserves the exclusive right and sole discretion to add, decline or remove, without warning, any icon or link to a list or website, from this website.

17. Photo Release

Occasionally a Networked RecruiterSM event and its participants will be photographed or videotaped for use in Networked Recruiter'sSM marketing or training materials. By registering for a Networked RecruiterSM event you hereby irrevocably grant to Networked RecruiterSM, the perpetual right to use your name and likeness for all forms of media throughout the world (including but not limited to, print, non-theatrical, home video, CD-ROM, Internet or any other electronic medium presently in existence or invented in the future) along with the right to use and incorporate photographs or video footage taken of you alone or together with other materials.

18. User Obligations

Any person accessing or using this site undertakes the following obligations: (a) to comply with all applicable laws and regulations; (b) not to introduce into this website, or any network or equipment supporting this site, any virus, worm, harmful code, Trojan horse or other disabling service; (c) not to attempt to interfere with or disrupt the website, or any network and/or other equipment supporting it; (d) not to attempt to gain improper access to or otherwise interfere with any system or network connected to or affiliated with this site. Any violation of these obligations is grounds for denying a user access to and use of this website in addition to other available remedies.

19. Dispute Resolution

These terms and conditions and any dispute in connection with this site will be governed by the laws of the State of California. Users agree to submit any disputes in connection with this site to arbitration in accordance with and subject to the American Arbitration Association. Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the American Arbitration Association. User and Networked RecruiterSM agree to accept the determination of the arbitrator as final and binding and submit to the jurisdiction of the Courts of the State California and/or the federal courts located in the State of California for the enforcement of any such determination.

20. Comments, Questions, and/or Complaints

If you have any questions, comments, and/or to resolve a complaint regarding Networked RecruiterSM, please contact us at info@networkedrecruiter.com.

21. Termination

Any violation of the Terms of Use constitutes grounds for immediate termination of a user account without notice or refund. Upon such termination, Networked RecruiterSM shall have no liability or responsibility to you or any third-party.

22. Agreement to Terms & Conditions/Disclaimer

By registering on the site, using one of our paid services, or attending an event, you are agreeing to abide by the Terms and Conditions stated herein.

 

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