| This page states the "Terms
and Conditions" under which you may use
Opportunity Knocks. 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. Opportunity
Knocks
(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.
Use of Material
The Company authorizes you to view and
download a single copy of the material on
Opportunity Knocks (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.
Acceptable Site Use
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.
Web Site Security Rules. 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.
Specific Prohibited Uses
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 (no
significant salary), 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.
User Information
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.
User Submissions
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
royalty-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.
Registration and Password
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.
Policy Regarding Termination Of Users And
Account Holders Who Repeatedly Infringe The
Copyright Or Other Intellectual Property Rights
Of Others
Opportunity Knocks, 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.
The Company’s Liability
Opportunity Knocks 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, Opportunity Knocks 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 Opportunity Knocks, 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.
Disclaimer of Consequential Damages
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.
Links to Other Sites
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.
Termination
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.
Indemnity
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.
General
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 Boston, 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.
Additional Terms of Use
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.
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