Terms of Use

Independent Placements Terms of Use

Terms of Use posted on 05/24/12 (Effective Date)

PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO ABIDE BY THEM. Do not use the Site if you do not agree with these Terms.

The website www.independentplacements.com (the “Site”) is owned and operated by Independent Placements. These terms of use (“Terms”) explain a contractual agreement between you (“You”) and Independent Placements regarding your use of the Site.
You should visit this page and periodically reread these Terms as Independent Placements reserves the right at its sole discretion to update, modify, and revise these Terms at any time. Any such changes to these Terms will be effective immediately upon posting, and your continued use of the Site following such changes constitutes your acceptance of the changed Terms and your agreement to be bound by them. When Independent Placements changes these Terms, Independent Placements will provide notice by updating the effective date above.

Users who violate these Terms may have their access and use of the Independent Placements Site suspended or terminated, at Independent Placements’ discretion.

Your Privacy
Your personal privacy is very important to Independent Placements. Independent Placements’ Privacy Policy is hereby incorporated into and made a part of these Terms. By using the Site, you also accept and agree to Independent Placements’ Privacy Policy. If you have not already reviewed it, please read Independent Placements’ Privacy Policy at http://www.independentplacements.com/privacy-policy. If we make a change to our Privacy Policy that we reasonably believe may considerably affect how we collect, disclose, or otherwise share your personal information, we will post a separate notice to that effect on the Independentplacements.com home page with a link to the revised Privacy Policy.

Use of Independent Placements Content and Limited License
This Site contains material, including written materials, design third-party information, software, source and/or object code, data, images, video, music, sounds, layout, look, appearance, trademarks, information, text and other Independent Placements content (collectively “Content”), which is derived in whole or in part from material supplied by Independent Placements and other sources, and is protected by international copyright, trademark, patent, privacy, publicity, communications, and other laws, rules and regulations. Unauthorized use of the Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Independent Placements Content on any authorized copy You make of the Content.

You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content (unless submitted by you) without Independent Placements’ prior permission. You may print or download one copy only of Content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

You may use the Site and the Content offered on the Site only for personal, non-commercial purposes. You may use Content offered for downloading (if any) for personal use only and subject to the rules that accompany that particular Content. You may not use any Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data-mining software, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or the Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without prior written consent from Independent Placements. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

Use of the Independent Placements Site and Services.
The member profiles, networking services and other features of the Site may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the Independent Placement Services is also subject to any other contracts You may have with Independent Placements. In the case of any conflict between these Terms and any contract you have with Independent Placements, the terms of your contract will prevail.

You will not post Content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates that law.

Your Account
In the event that You are provided with user identification names, numbers or codes, and/or passwords (“Access Credentials”) in connection with your use of this Site, You shall keep your Access Credentials strictly confidential and not share them with anyone. You are responsible for any misuse of the Site or any Content by anyone using your Access Credentials. Accordingly, You should take affirmative precautions to ensure that no one uses your Access Credentials or gains unauthorized access to your Access Credentials. It is your responsibility to notify Independent Placements if your Access Credentials need to be changed or cancelled because (i) your Access Credentials have been or may be compromised, or (ii) you detect any unauthorized use of your Access Credentials. Independent Placements may terminate your access to, and your use of, the Site immediately and take any other appropriate legal action if you, or anyone using your Access Credentials, violates these Terms.
You agree to provide true, accurate, current, and complete information about yourself (all of which will be subject to Independent Placements’ Privacy Policy). If you provide any information that is untrue, inaccurate, not current, or incomplete (or Independent Placements has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete), Independent Placements has the right to revoke your Access Credentials and suspend or terminate your access to and use of the Site.

Using the Independent Placements Name and Intellectual Property
Independent Placements does not permit the use of its name or its products’ names in advertising as an endorsement for any product or service or for any other commercial purpose. Graphics, logos, and Content created by Independent Placements are the property of Independent Placements and may not be used without permission.

Information Available on the Site
Independent Placements does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to Independent Placements. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Links to Third-party Sites
Independent Placements may provide relevant links to information outside of the Site as additional resources for users of the Site. However, Independent Placements does not endorse any views expressed, or products or services offered, through or on such third-party websites. Neither Independent Placements nor its affiliates operate or control in any respect, or are in any way responsible for, any information, products, or services on these third-party sites. You should carefully review the terms of service and privacy policies on any such third-party site as these Terms and Independent Placements’ Privacy Policy do not apply to your activities on such third-party sites.

Content Posted on the Site by Third-party Content and Advertising Partners
Some of the Content posted on the Site may be posted by third-party content and advertising partners (“Third-party Content”) with whom we have relationships (“Content Providers”). You hereby acknowledge that (i) Independent Placements is not responsible and disclaims any and all liability for any aspect of such Third-party Content, (ii) the Content Provider posting such Third-party Content on the Site is solely and exclusively responsible for such Third-party Content, (iii) Independent Placements makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) Independent Placements cannot and does not guarantee that Third-party Content complies with these Terms.

Disclaimer of Warranties
TO THE FULLEST EXTENT POSSIBLE BY LAW, INDEPENDENT PLACEMENTS DOES NOT WARRANT THAT THE SITE OR ANY INDEPENDENT PLACEMENTS SERVICES 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 OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, INDEPENDENT PLACEMENTS IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. INDEPENDENT PLACEMENTS, 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. INDEPENDENT PLACEMENTS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INDEPENDENT PLACEMENTS, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR SITE EVEN IF INDEPENDENT PLACEMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INDEPENDENT PLACEMENTSIS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL INDEPENDENT PLACEMENTS, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES AND ITS EMPLOYEES BE LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH OUR SITE INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL INDEPENDENT PLACEMENTS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.

Indemnity
You agree to defend, indemnify, and hold harmless Independent Placements and its owners, principals, affiliates, subsidiaries licensors and licensees, and their and Independent Placements’ respective directors, officers, employees, contractors, agents and representatives from any and all liabilities, claims, judgments, actions, demands, and expenses, including attorneys’ and expert fees and court costs, that arise from (i) your use or misuse of the Site; (ii) your violation of these Terms; (iii) your violation of any law or third-party right, including without limitation any third party’s patent, copyright, trademark, privacy/publicity, or other proprietary rights; (iv) any claim that any Content posted by you caused damage to a third party; and/or (v) any use or misuse of your Access Credentials. Independent Placements will give you notice in the event of an indemnifiable event. Independent Placements reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Independent Placements in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these Terms.

Termination
These Terms will remain in full force and effect while You are a user of the Site and may be terminated by Independent Placements at any time with or without notice. Independent Placements reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your Content from the Site and immediate termination of Your registration with or ability to access the Site and/or any other services provided to You by Independent Placements, upon any breach by You of these Terms or if Independent Placements is unable to verify or authenticate any information You submit to the Site. In the event of termination, you are no longer authorized to use or access the Site. You hereby acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.

Additional Terms
Certain areas of the Site may subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas. Additionally, certain Services offered through the Site and Independent Placements may also be subject to other contracts with Independent Placements containing additional Terms. You agree to be bound by the additional Terms in any other contract you may have with Independent Placements. In the case of any conflict between these Terms and any contract you have with Independent Placements, the terms of your contract will prevail.

International Use
Independent Placements makes no representation that Content of, or any services or products available through, the Site are appropriate or available for use in locations outside the United States. Accessing the Site from territories where the Site’s Content is illegal is strictly prohibited. Those who choose to access the Site from locations outside the United States do so at their own risk and at their own discretion, and are responsible for compliance with all applicable local laws.

Miscellaneous

Governing Law
You hereby agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the State of New York, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in New York or [Bronx County, New York, for all disputes, cases, and controversies regarding this Site, your use of this Site, and your relationship with Independent Placements.

Limitation on Claims
YOU AND INDEPENDENT PLACEMENTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. TO THE FULLEST EXTENT POSSIBLE BY LAW, INDEPENDENT PLACEMENTS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Independent Placements’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement and Severability
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Independent Placements with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Independent Placements with respect to the subject matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Eligibility
You affirm that you are either 18 or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms. You must be 18 years or older or the age of majority in your jurisdiction to visit or use our Site in any manner.

Assignment
These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Independent Placements without restriction.

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