staffwriters

"JOB SCOUT: Weekday Report May 9, 2008"

TERMS AND CONDITIONS

OVERVIEW

StaffWriters.com may be used by individuals seeking employment and employers seeking employees. RECRUITING AGENCIES OR OTHER THIRD PARTIES CHARGING A FEE FOR PLACING EMPLOYEES ARE NOT PERMITTED TO USE THIS SITE. All Members and Non-Members agree to the following Terms and Conditions:

BY BECOMING A MEMBER, THE INDIVIDUAL OR COMPANY WHO IS REGISTERING AGREES TO BE BOUND BY THE TERMS OF SERVICE. IF SUCH INDIVIDUAL OR COMPANY DOES NOT AGREE TO THESE TERMS OF SERVICE, IT CANNOT REGISTER TO BECOME A MEMBER. StaffWriters.com reserves the right to change, modify, add or remove portions of any of the Terms periodically. If a Member uses our services after we post changes to the Terms, the Member is deemed to have accepted the changed Terms.

By registering to use the Site, the individual or company registering becomes a Member of StaffWriters.com. and enters into an agreement with StaffWriters.com and StaffWriters Plus, Inc. (herein referred to as StaffWriters.com). A member will be afforded various means of access to the Site's content and services through a USERID and PASSWORD of the Member's choosing. The following terms and conditions will govern use of the Site and its features. In addition to these Terms and Conditions ("Terms"), our Members may be asked to agree to additional terms when using certain services, including payment of any applicable fees. Members may not assign or otherwise transfer access rights to any other person or entity. A Member is responsible for maintaining the confidentiality of its Login Information, USERNAME and PASSWORD and is responsible for all uses of its access areas whether or not expressly authorized by the Member.

Registration and User Information

As part of the registration process, a Member will be asked to provide certain information. StaffWriters.com will disclose to third parties only Job Seeker information included in the QuikProfile with the exception of full name, phone, fax, address, e-mail and Web site. Corporate Members will be identifiable only by the information they wish to include in their Job Postings. Information gathered on the Corporate and News Desk Member registration form is for internal use only. No job seeker resume or identifying personal information will be released to a Corporate, News Desk or Project Desk Member without their express consent, except as required by law. StaffWriters.com does not sell or make available its database of members to any other third party. Please read our Privacy Policy for more details.

Use of the Site

Job Seekers. Job seekers (Members and Non-Members) may view postings for employment opportunities and reply to the posted contact in the manner described by that contact. COMMUNICATIONS THAT SOLICIT A STAFFWRITERS.COM MEMBER COMPANY'S BUSINESS IS PROHIBITED AS IS CONTACTING A COMPANY FOR OTHER THAN EMPLOYMENT PURPOSES.

Corporate and News Desk Members. Corporate and News Desk members have several options available to them in locating candidates. Please read the Our Services for a detailed explanation of options.

Posting Material. In using the Site, Members are able to post materials for other Members to view. Only public domain files and files in which the author has given express consent for online distribution may be made public. Member acknowledges and agrees that Member is responsible for the form, content and accuracy of any content or information placed on the Site. Member represents and warrants that such content and information shall not a) be fraudulent; b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); d) be defamatory, abusive, threatening, harassing, offensive, obscene or sexually explicit; e) detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or f) advertise, offer or describe goods or services prohibited by StaffWriters.com.

The Site, Member profiles and any Services may be used only for lawful purposes. StaffWriters.com specifically prohibits any use of the Site, Profiles or Services for unlawful purposes, and Member agrees not to use the Site for any unlawful purposes or for any of the following: a) posting any incomplete, false or inaccurate information; b) posting any franchise, pyramid scheme, "club membership"or other business opportunities requiring payment; c) commissions-only positions; d) positions requiring recruitment of other Members.

Newsletter

All material contained in the Newsletter -30- is protected by copyright and is included solely for the information and entertainment of StaffWriters.com Members. No part of the Newsletter may be downloaded or reproduced without the express consent of StaffWriters.com.

Proprietary Materials

The Site contains proprietary materials such as logos, text, software, photos and graphics. StaffWriters Plus, Inc. is the owner of all such material and all intellectual property rights therein, copyrights and trademarks. In using the Site, including, without limitation, any Services and the Newsletter -30- , Member agrees not to upload, download or distribute or reproduce in any way such proprietary materials without obtaining StaffWriters Plus, Inc.'s express prior consent.

In addition, Member agrees not to alter, remove, or obscure any notices or markings from the Site, including all screen displays and downloadable documents, including without limitation, copyright, trademark or confidentiality notices, or ownership notices. Member may not: a) modify, translate, produce a source listing, decompile, disassemble, or reverse engineer the Site; b) Member may not create derivative versions of any part of the Site; c) rent, transfer, distribute or grant any rights in the Site in any form; or d) use the Site for any purpose other than Member 's own business purposes.

License

Member hereby grants to StaffWriters.com its sublicenses, customers and other Members a royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute any content submitted by member (in whole or part) worldwide and/or to incorporate it in any other works in any media now known or hereafter developed for the full term of any copyright that may exist in such content.

Links to Third Parties

This Site may contain links to Web sites operated by parties other than StaffWriters.com ("Third Party Sites"). StaffWriters.com's links to such other sites does not imply any endorsement of the products or material on such Third Party Sites or any association with their sponsors or operators. StaffWriters.com expressly disclaims all content, services and products available through such Third Party Sites.

TERMINATION

StaffWriters.com may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Member's use of the Site or any Services if Member breaches the Terms, or any time or for any reason, at the sole discretion of StaffWriters.com. The provisions covering materials appearing on the site, representations and warranties, indemnities and limitations of liabilities and any payment obligations incurred prior to any termination shall survive such termination.

DISCLAIMERS AND LIMITATIONS

MEMBER WILL INDEMNIFY AND HOLD STAFFWRITERS.COM AND STAFFWRITERS PLUS, INC. HARMLESS FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) AGAINST STAFFWRITERS.COM ARISING OUT OF A) ANY USE OF THE SITE, NEWSLETTER, SERVICES, THIRD PARTY SITES OR RELATED GOODS AND SERVICES; B) ANY BREACH OF THE TERMS; C) ANY UPLOADING, DOWNLOADING OR REPRODUCTION OF ANY CONTENT OR DATA FROM THE SITE OR ANY THIRD PARTY SITE OR ANY OTHER ONLINE SERVICE.

Member expressly acknowledges and agrees that its use of the Site, Newsletter and any Services and Third Party Sites, any services or goods obtained or linked to through the use of the Site, Newsletter, Services or any Third Party Sites, and any data transmitted through the Site, Newsletter or Services or any Third Party Site is at the sole risk of the Member. THE SITE, NEWSLETTER AND ANY SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND STAFFWRITERS.COM, STAFFWRITERS PLUS, INC. AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO , THE IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER STAFFWRITERS.COM, STAFFWRITERS PLUS, INC. NOR ITS LICENSORS WARRANT THAT THE OPERATION OF THE SITE, NEWSLETTER OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, NEITHER STAFFWRITERS.COM, STAFFWRITERS PLUS, INC. NOR ITS SUPPLIERS OR LICENSORS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, NEWSLETTER SERVICES, THE ACCURACY, RELIABILITY, OR QUALITY OF ANY SERVICES OR GOODS OBTAINED THROUGH THE USE OF THE SITE, NEWSLETTER OR SERVICES OR THE SECURITY OF ANY DATA, TRANSMITTED THROUGH THE SITE, NEWSLETTER OR SERVICES.

Limitation Of Liability. IN NO EVENT WILL STAFFWRITERS.COM OR STAFFWRITERS PLUS, INC. BE LIABLE TO MEMBER OR ANY PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SITE, NEWSLETTER OR SERVICES OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING OR ANY THIRD PARTY SITE, OR ANY DATA TRANSMITTED THROUGH THE SITE, NEWSLETTER, ANY SERVICES OR ANY THIRD PARTY SITE, EVEN IF STAFFWRITERS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND STAFFWRITERS.COM AND STAFFWRITERS PLUS, INC.'S ENTIRE AGGREGATE LIABILITY UNDER OR ARISING OUT OF THESE TERMS, THE SITE, NEWSLETTER OR SERVICES SHALL NOT EXCEED ONE-HUNDRED DOLLARS ($100). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL DAMAGES, SO IN THESE STATES THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE MEMBER. These Terms give the Member specific rights and the Member may also have other rights, which vary from state to state.

1.	General Compliance With Laws. Member shall comply with all applicable laws, statutes, ordinances and regulations regarding its use of the Site, Newsletter, Services and Third Party Sites.
2.	No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between Member and StaffWriters.com as a result of this agreement or your use of this Web site.
3.	Notices. Except as expressly stated otherwise, any notices to StaffWriters.com shall be sent to info@staffwriters.com. Any notice to a Member shall be given to the name and address submitted by the Member at the time of registration. All notices shall be sent by certified mail, postage prepaid and return receipt requested, to such addresses. Notice shall be deemed given three (3) days after the date of mailing.
4.	Export Control. StaffWriters Plus, Inc. controls and operates StaffWriters.com from its offices in the United States of America and makes no representation that the content or templates are appropriate for use in other locations. Member agrees to comply with all U.S. and other export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. If Member uses StaffWriters.com from other locations, member is responsible for complying with any applicable local laws, including but not limited to the export and import regulations of other countries.
5.	Governing Law. Any action related to the Terms will be governed by New York State law and controlling federal law. No choice of law rules of any jurisdiction will apply. Jurisdiction for any claims arising under the Terms shall lie exclusively within the state or federal courts with New York and Member hereby submits to such jurisdiction.
6.	Severability. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
7.	Waiver. No waiver of any term of the Terms shall be deemed waiver of any other such terms set forth herein.
8.	Entire Agreement. The Terms constitute the entire agreement between Member and StaffWriters.com with respect to the subject matter covered herein, including the use of the Site, Newsletter and Services and any subject matter herein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.

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