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Terms & Conditions of Use
Bakos Group is committed to protecting the
privacy of our users. We want to provide a safe, secure user
experience. We will use our best efforts to ensure that the information
you submit to us remains private, and is used only for the purposes
as set forth herein.
This page states the "Terms and Conditions" under
which you may use 1-800-370-jobs.com or BakosGroup.com. Please
read this page carefully. If you do not accept the Terms and
Conditions stated here, do not use this web site and service.
By using this web site, you are indicating your acceptance to
be bound by the terms of these Terms and Conditions. Bakos Group
(the "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
are binding on you. The terms "You" and "User" as
used herein refer to all individuals and/or entities accessing
this web site for any reason.
The Company authorizes you to view and download
a single copy of the material on 1-800-370-jobs.com or BakosGroup.com
(the "Web Site") solely for your personal, noncommercial
use.
The contents of this Web Site, such as text,
graphics, images, logos, button icons, software and other "Material",
are protected under both United States and foreign copyright,
trademark and other laws. All Material is the property of the
Company or its content suppliers or clients. The compilation
(meaning the collection, arrangement and assembly) of all content
on this Web Site is the exclusive property of the Company and
protected by U.S. and international copyright laws. Unauthorized
use of the Material may violate copyright, trademark, 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 code that
the Company creates to generate its pages. It is also protected
by the Company’s copyright.
General Rules: Users may not use the Web 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 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
defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from violating or attempting
to violate the security of the Web Site, including, without limitation,
(a) accessing data not intended for such user or logging into
a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
without proper authorization, (c) attempting to interfere with
service to any user, host or network, including, without limitation,
via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising
of products or services, or (e) forging any TCP/IP packet header
or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result
in civil or criminal liability. The Company will investigate
occurrences which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
The Web Site may be used only for lawful purposes
by individuals seeking employment and career information and
employers seeking employees. The Company specifically prohibits
any use of the Web Site, and all users agree not to use the Web
Site, for any of the following:
Posting any incomplete, false or inaccurate biographical
information or information which is not your own accurate resume
(living individual seeking employment on a full-time or part-time
basis on his or her own behalf).
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 (except
for postings that make clear that the available job pays commission
only and clearly describes the product or service that the
job seeker would be selling, in which case such postings are
permissible), requires recruitment of other 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 Web Site or any activity being conducted on this site.
Taking any action which imposes an unreasonable
or disproportionately large load on this Web Site’s infrastructure.
If you have a password allowing access to
a non-public area of this Web Site, disclosing to or sharing
your password with any third parties 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 Web Site other than the
search engine and search agents available from the Company
on this Web Site and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble
or reverse engineer any of the software comprising or in any
way making up a part of the Web Site.
Aggregating, copying or duplicating in any
manner any of the materials or information available from the
Web Site.
Framing of or linking to any of the materials
or information available from the Web Site.
When you register for the Web Site, you will
be asked to provide the Company with certain information including,
without limitation, a valid email address (your "Information").
In addition to the terms and conditions that may be set forth
in any privacy policy on this Web Site, you understand and agree
that the Company may disclose to third parties, on an anonymous
basis, certain aggregate information contained in your registration
application. The Company will not disclose to any third party
your name, address, e-mail address or telephone number without
your prior consent, except to the extent necessary or appropriate
to comply with applicable laws or in legal proceedings where
such information is relevant. The Company reserves the right
to offer third party services and products to you based on the
preferences that you identify in your registration and at any
time thereafter; such offers may be made by the Company or by
third parties. Please see the Company’s Privacy Policy for
further details regarding your Information.
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 Web Site you agree not
to, do the following things: post material that is copyrighted,
unless you are the copyright owner or have the permission of
the copyright owner to post it; post material that reveals trade
secrets, unless you own them or have the permission of the owner;
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, 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.
The 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.
The 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,
the Company may investigate the allegation and determine in
good faith and its sole discretion whether to remove or request
the removal of the communication. The Company has no liability
or responsibility to users for performance or nonperformance
of such activities. The Company reserves the right to expel
users and prevent their further access to the Web Site for
violating the Terms and Conditions or the law and the right
to remove communications which are abusive, illegal, or disruptive.
The 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 the Company
or may cause the 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 Web Site, including message boards, forums, contests
and chat rooms, you grant the Company and its affiliates the
loyalty-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 Web Site retains any and
all rights that may exist in such content.
Any hyperlinks contained in a job posting
submitted by Customer will be disabled when such job posting
is posted on a Bakos Group Site.
We appreciate hearing from our customers
and welcome your comments regarding our services and the Bakos
Group Sites. Please be advised, however, that our policy does
not permit us to accept or consider creative ideas, suggestions,
inventions or materials other than those which we have specifically
requested. While we do value your feedback on our services,
please be specific in your comments regarding our services
and do not submit creative ideas, inventions, suggestions,
or materials. If, despite our request, you send us creative
suggestions, ideas, drawings, concepts, inventions, or other
information (collectively the "Submission"), the
Submission shall be the property of the Company. None of the
Submission shall be subject to any obligation of confidence
on our part and we shall not be liable for any use or disclosure
of any Submission. The Company shall own exclusively all now
known or later discovered rights to the Submission and shall
be entitled to unrestricted use of the Submission for any purpose
whatsoever, commercial or otherwise, without compensation to
you or any other person who submitted the Submission.
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 the Company of any unauthorized
use of your registration or password.
Identification Of Agent To Receive Notification
And Elements Of Notification Of Claimed Copyright Infringement.
If you believe that your copyrighted work
has been uploaded, posted or copied to this Web Site and is
accessible on this Web Site in a way that constitutes copyright
infringement, please notify us by providing our designated
copyright agent with the following information:
The physical or electronic signature of either
the copyright owner or of a person authorized to act on the
owner's behalf; A description of the copyrighted work you claim
has been infringed, and a description of the activity that
you claim to be infringing; Identification of the URL or other
specific location on this web site where the material or activity
you claim to be infringing is located or is occurring; you
must include enough information to allow us to locate the material
or the activity; Your name, address, telephone number and,
if you have one, your e-mail address; A statement by you that
you have a good faith belief that use on the web site of the
copyrighted work in the manner you are complaining of is not
authorized by the copyright owner, any agent of the copyright
owner, or the law; and A statement by you, made under penalty
of perjury, that the information you have provided in your
notice is accurate and that you are either the copyright owner
or are authorized to act on behalf of the copyright owner.
We have designated John Bakos as our agent to receive notices
of claims of copyright infringement on our web site. You can
contact Mr. Bakos as follows:
John Bakos
BakosGroup.com
403 Maple Street - Springfield, MA 01105-1954
413.737.2881 | JohnB@BakosGroup.com
Bakos Group and all of our affiliated companies
respect the intellectual property of others, and we ask our users,
account holders and content partners to do the same. The unauthorized
reproduction, copying, distribution, modification, public display
or public performance of copyrighted works constitutes infringement
of the copyright owners rights. As a condition to your use of
this Web Site, you agree not to use the Web Site to infringe
the intellectual property rights of others in any way. We will
terminate the accounts of any account holders, and block access
to our Web Site of any users, who are repeat infringers of the
copyrights, or other intellectual property rights, of others.
We reserve the right to take these actions at any time, in our
sole discretion, with or without notice, and without any liability
to the account holder who is terminated or to the user whose
access is blocked.
1-800-370-jobs.com or BakosGroup.com is only
a venue. This Web Site acts as a venue for employers to post
job opportunities and candidates to post resumes and does not
screen or censor the listings offered. The Company is not involved
in the actual transaction between employers and candidates. As
a result, the Company has no control over the quality, safety
or legality of the jobs or resumes posted, the truth or accuracy
of the listings, the ability of employers 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 Web Site.
Because user authentication on the Internet
is difficult, 1-800-370-jobs.com or BakosGroup.com 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 1-800-370-jobs.com
or BakosGroup.com, in the event that you have a dispute with
one or more users, you release the Company (and our agents
and employees) from 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. If you are a California resident, you waive California
Civil Code d1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement
with the debtor."
We are under no legal obligation to, and
generally do not, control the information provided by other
users which is made available through the Web 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 Web Site.
The Material may contain inaccuracies or
typographical errors. The Company makes no representations
about the accuracy, reliability, completeness, or timeliness
of the Web Site or the Material. The use of the Web Site and
the Material is at your own risk. Changes are periodically
made to the Web 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 Web Site.
Employers are solely responsible for their postings on the
Web Site.
The Company is not to be considered to be
an employer with respect to your use of the Web Site and the
Company shall not be responsible for any employment decisions,
for whatever reason made, made by any entity posting jobs on
the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB
SITE WILL OPERATE ERROR-FREE OR THAT THE WEB 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, THE COMPANY IS
NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
THE COMPANY, 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.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE,
TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE
OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Web Site contains links to third party
web sites. These links are provided solely as a convenience to
you and not as an endorsement by the Company of the contents
on such third-party Web sites. The 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 Term of Use. You also agree not
to make any unauthorized commercial use of the Web Site.
Limitation of Liability.
The aggregate liability for the Company to
you for all claims arising from the use of the Materials is
limited to $100.
The Company reserves the right, at its sole
discretion, to pursue all of its legal remedies, including but
not limited to deletion of your postings from this Web Site and
immediate termination of your registration with or ability to
access the Web Site and/or any other service provided to you
by the Company, upon any breach by you of these Terms and Conditions
or if the Company is unable to verify or authenticate any information
you submit to the Web Site registration with or ability to access
the Web Site.
You agree to defend, indemnify, and hold harmless
the Company, its officers, directors, employees and agents, from
and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or
resulting from your use of the Material or your breach of the
terms of these Terms and Conditions. The 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.
The 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 Web 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 Commonwealth of Massachusetts, without respect to its
conflict of laws principles. Jurisdiction for any claims arising
under this agreement shall lie exclusively with the state or
federal courts within Springfield, Massachusetts. If any provision
of these Terms and Conditions are found to be invalid by any
court having competent jurisdiction, the invalidity 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 additional terms
of use for areas of the Web Site a particular "Legal Notice," or
Software License or material on particular Web pages, these Terms
and Conditions constitute the entire agreement between you and
the Company with respect to the use of Web Site. No changes to
these Terms and Conditions shall be made except by a revised
posting on this page.
Certain areas of this Web Site are 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.
Thank you for using 1-800-370-jobs.com or
BakosGroup.com. We'll keep working hard to earn your loyalty.
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