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Legal Notice/Terms of Use PLEASE READ THE TERMS, CONDITIONS AND NOTICES BELOW CAREFULLY AS SUCH TERMS GOVERN THE USE OF THE OPERATIONIT.COM WEB SITE. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS. OperationIT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY OR UPDATE THESE TERMS AT ANY TIME The OperationIT web site is offered to you, the user, conditioned upon your acceptance without modification of the terms, conditions, and notices (hereinafter "Terms") contained herein. The OperationIT web site refers to all information, text, graphics, images, software, and products and services used or available via this site. Any and all rights not expressly granted in these Terms are reserved by OperationIT.com. OperationIT shall have the right to terminate your ability to access this web site at any time without notice. Trademarks, Copyrights, and Restrictions. OperationIT, a division of Staff I.T., Inc., is the owner of all intellectual property right (including copyrights) on the OperationIT web site. Material published by OperationIT on this site may contain other propriety notices or describe products, services, processes or technologies owned by OperationIT or third parties. Nothing contained in these Terms shall be construed as granting to you a license under any trademark, copyright, patent or other intellectual property right of OperationIT or any third party, except as expressly set forth herein. The deletion or alteration of any copyright or other propriety notices from this web site is prohibited. The contents of this web site including the text, graphics, images and other material are protected by U.S. copyright laws and international treaties an may not be copied without OperationIT's expressed consent. Other Parties. OperationIT takes no responsibility whatsoever for any actions undertaken or statements made by job applicants. OperationIT also takes no responsibility for any action undertaken or statements made by OperationIT's clients, including, but not limited to, those clients' hiring, recruiting or other practices, or any information posted or downloaded by them on this web site. Nothing on this web site shall be deemed to be an endorsement, representation or warranty with respect to any job applicant, client or third party, whether in regard to its web site, products, services or otherwise. Personal and Noncommercial Use Limitation The OperationIT web site is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, license, transfer or sell any information, software, products or services obtained from, or in conjunction with, this web site. You have been granted a non-exclusive, non-assignable and non-transferable license to use this web site only under these Terms. Consent to Use. By submitting information to this web site, e.g., posting or uploading information, you automatically grant OperationIT a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with this web site), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such information (in whole or in part) or to incorporate it into other works in any form, media or technology whether now known or later developed, without restriction or compensation. OperationIT and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any information posted on this web site. Liability Disclaimer. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE. THIS WEB SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OperationIT EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS WEB SITE OR ON THE INTERNET GENERALLY WILL BE ERROR-FREE. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST OperationIT FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THIS WEB SITE. OperationIT MAKES NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY JOB VIA THIS WEB SITE, OR ANY WARRANTIES ABOUT (AND TAKES NO RESPONSIBILITY FOR) ANY JOB THAT YOU MAY OBTAIN. OperationIT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY OR COMPLETENESS OF ANY INFORMATION DISCLOSED ON THIS WEB SITE. IN NO EVENT SHALL OPERATIONIT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THE EXCLUSION OR LIMITATION SET FORTH ABOUT IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OperationIT'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $500.00. Indemnity. You agree to defend, indemnify and hold OperationIT harmless from any third party claim, action, damages, or demand, including reasonable attorney's fees, relating to, or arising out of, your violation of these Terms, your representations and warranties, or your violation or any rights of another. General. No Partnership, etc. You agree that no partnership, joint venture, employment or agency relationship exists between you and OperationIT (or any of OperationIT.com's clients) as a result of this agreement or your use of this web site. No Assignment The user may not assign any part of this agreement without OperationIT's prior written consent. Jurisdictional Issues. These Terms shall be governed by the New York law without regard to application of conflict of law principles. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. Notwithstanding the foregoing sentence, these Terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if any provision is deemed unenforceable. Agreement. These Terms constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, statements or representations, whether electronic, oral or written, regarding OperationIT, its web site or the information contained therein. |