HR4Golf.com should be notified if an Individual feels that a job being posted
is not "real" and has solid information or feedback to support the notification.
Ownership and Restrictions on Use
Web Site and Services
HR4Golf.com authorizes you to use the Services only for the purpose of locating,
referring and/or applying as, a Candidate for Listings that are posted on
the Web Site.
Ownership
All materials including text, logos, graphics, photographs, video clips,
images, button icons, sounds, audio clips, software and other items displayed
and distributed as part of the Web Site or the Services (the "Materials")
are the property of HR4Golf.com or of the party supplying such information
to HR4Golf.com, and are protected by U.S. and international copyright, trademark,
service mark and other laws. The compilation of the Materials (meaning the
collection, arrangement and assembly of the Materials) is the exclusive
property of HR4Golf.com and is protected by U.S. and other copyright laws.
"HR4Golf.com," and it's picture logo, are trademarks of HR4Golf.com.
Restrictions
Except as expressly authorized herein, you may not copy, reproduce, republish,
upload, post, sell, distribute, download or transmit materials from the
Web Site or the Services in any way. You further agree not to decompile,
disassemble or reverse engineer any Materials or other elements of the Web
Site or the Services, or to attempt to do so.
Acceptable Site Use
General Rules: Users may not use the Web Site in order to transmit, distribute,
store or destroy material, including without limitation Web Site Content,
(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 to the fullest
extent of the law.
User Information
When you register for the Web Site, you will be asked to provide HR4Golf.com
with certain information including, without limitation, a valid e-mail 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 HR4Golf.com 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. HR4Golf.com 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 HR4Golf.com 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.
HR4Golf.com does not represent or guarantee the truthfulness, accuracy,
or reliability of communications posted by users or endorses any opinions
expressed by users. You acknowledge that any reliance on material posted
by other users will be at your own risk.
HR4Golf.com 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, HR4Golf.com
may investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication.
HR4Golf.com has no liability or responsibility to users for performance
or nonperformance of such activities. HR4Golf.com 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. HR4Golf.com 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 HR4Golf.com
or may cause HR4Golf.com to lose (in whole or in part) the services of its
ISPs or other suppliers.
We appreciate hearing from our customers and welcome your comments regarding
our services. Please be advised, however, that our policy does not permit
us to accept or consider creative ideas, suggestions, inventions or materials
other than those that 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 HR4Golf.com.
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. HR4Golf.com 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.
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 HR4Golf.com
of any unauthorized use of your registration or password.
HR4Golf.com's Liability
HR4Golf.com is only a venue. This Web Site acts as a venue for Employers
to post job opportunities and Candidates to both apply for job opportunities
and refer other Candidates for those job opportunities and does not screen
or censor the listings offered.
HR4Golf.com is not involved in the actual transaction between Employers
and Candidates. As a result, HR4Golf.com 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, HR4Golf.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 HR4Golf.com, in the event that you have a dispute
with one or more users, you release HR4Golf.com (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.
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. HR4Golf.com
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.
Employers are solely responsible for their postings on the Web Site and
each job posting must be an "open" position whereby the company has a sincere
interest in making a hiring decision if a qualified Candidate is available.
HR4Golf.com is not to be considered to be an Employer with respect to
your use of the Web Site and HR4Golf.com shall not be responsible for any
employment decisions, for whatever reason made, made by any entity posting
jobs on the Web Site.
HR4Golf.com 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, HR4Golf.com IS
NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. HR4Golf.com, 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.
HR4Golf.com MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL HR4Golf.com, NOR THE EMPLOYERS HEREUNDER, OR ANY OF
IT'S OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES,
BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES,
PROFITS, OR DATA) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE,
THE SERVICES, THIS AGREEMENT OR ITS IMPLEMENTATION, UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE,
THE SERVICES, AND/OR MATERIAL ACCESSED IN CONNECTION THEREWITH IS TO STOP
USING THE WEB SITE AND/OR THE SERVICES, AS APPLICABLE. THE SOLE AND EXCLUSIVE
MAXIMUM LIABILITY OF HR4Golf.com FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
OR OTHERWISE) SHALL BE ONE HUNDRED DOLLARS ($100.00).
BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR OF LIABILITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR PUNITIVE DAMAGES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer Information
HR4Golf.com makes no representations or warranties whatsoever that you
will locate acceptable employment by using the Services, nor does HR4Golf.com
make any representations or warranties regarding any person or entity that
an Employer contacts, interviews or hires.
Listings, resumes, descriptions of employment Candidates, and other information
and materials with respect to employment opportunities or employment Candidates
are the sole responsibility of the parties who furnish them. You acknowledge
and agree that HR4Golf.com makes no representations about, and does not
assume any responsibility or liability for, the accuracy, completeness,
truthfulness or timeliness of such Listings, resumes or other information
or materials, including, without limitation, the existence or availability
of any particular employment opportunity or any Candidate for employment
submitting (or purporting to submit) any of the same.
HR4Golf.com reserves the right to discontinue the site without prior notice
at which point all information will be destroyed.
HR4Golf.com and its employees are not responsible for and cannot be sued
for any flaws or disruptions in the system that is beyond their control.
HR4Golf.com is not responsible for any referral reward fees being disbursed
unless an agreement is made whereby the Direct Hiring Employer desires that
HR4Golf.com handles the payment processing for a fee, however they will
oversee and monitor activity so that proper conduct required in the "Terms
and Conditions" is adhered to regarding payments to proper parties for Referral
Rewards.
In all situations where disputes arise, HR4Golf.com will act as the arbitrator
and have the final say in determining the outcome of disputed situations.
You acknowledge and agree that HR4Golf.com is not responsible, and shall
not be to any party, for breach by you or any other employment Candidate
of any non-solicitation, non-competition or other similar agreement, or
any employment agreement or arrangement. You agree and acknowledge that
your use, and participation in the use, of the Services shall not give rise
to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual
or other special relationship between you and HR4Golf.com (other than the
relationship between HR4Golf.com and you entered into by virtue of your
agreement to these Terms). You understand and agree that HR4Golf.com will
not be responsible or liable for any use made by any person other than HR4Golf.com
of any information or other material that you submit to HR4Golf.com.
THE WEB SITE, THE SERVICES AND/OR ALL INFORMATION AND MATERIALS CONTAINED
THEREIN MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HR4Golf.com
RESERVES THE RIGHT TO CHANGE OR CORRECT ANY INACCURACY OR ERROR AT ANY TIME.
HR4Golf.com MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED
(AND DISCLAIMS ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE WEB SITE, THE
SERVICES, AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN. Applicable
law may not allow the exclusion of implied warranties, so the above exclusions
may not apply to you. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING
AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED
TO ACCESS AND USE THE WEB SITE AND/OR THE SERVICES, AND ALL CHARGES RELATED
THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB
SITE AND THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR
STATEMENT OF HR4Golf.com OR ITS USERS, SUPPLIERS, ADVERTISERS, SPONSORS
OR AGENTS, WHETHER MADE ON THE WEB SITE, THE SERVICES, OR OTHERWISE, SHALL
CREATE ANY WARRANTY. YOUR USE OF THE WEB SITE, THE SERVICES AND/OR ALL INFORMATION
AND MATERIALS CONTAINED THEREIN IS AT YOUR OWN RISK.
Code of Conduct
While using our Web Site or Services, you agree not to:
Post, transmit or use any information that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene,
libelous, hateful or racially, ethnically or otherwise objectionable;
Impersonate any person or to misrepresent an affiliation with any person
or entity or register an e-mail address with HR4Golf.com which you do not
own or have authority from the owner to register or to use;
Post any incomplete, false or inaccurate biographical information or information
which is not your own accurate resume;
Delete or change any Material or anything posted by any other user;
Harvest or collect information about users or print out or otherwise copy,
or to use, any information about Candidates for employment for purposes
other than consideration of such Candidates for employment;
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;
Infringe upon any copyright, trademark, service mark, patent, trade secret
or other intellectual property right of any person in any manner;
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;
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 Web Site Content
or information available from the Web Site. Framing of or linking to any
of the Web Site Content or information available from the Web Site.
Violate any privacy, publicity or other personal rights of any person;
Remove or alter any copyright, trademark, service mark, patent or other
proprietary indicia and notices contained in the Web Site or the Services;
Engage in any unlawful activity or other activity that we deem inappropriate
in our sole discretion.
While using the Web Site or the Services, you agree to comply with all
applicable law, rules and regulations, including without limitation, any
law, regulation or ordinance prohibiting discrimination in recruiting or
hiring.
Disputes; Release
In the event that an Individual, an Employer or any third party makes
a claim against HR4Golf.com or otherwise disputes the payment of a Referral
Reward or any portion thereof, HR4Golf.com will provide verification through
records that said Employer or HR4Golf.com if that being the case has paid
such Referral Rewards in accordance with the HR4Golf.com payment parameters,
if such payment has been made in accordance with such parameters, HR4Golf.com
will refer all parties to such claims or disputes to such Employer for resolution,
and such Employer shall be solely responsible for resolving such disputes.
You further agree to release HR4Golf.com from any liability or responsibility
arising out of an Employer's decision to interview or hire you, or any third
party, and you shall assume all risks associated therewith, including without
limitation, the risk of physical harm and all risks associated with seeking
and obtaining employment. All materials furnished by Employers, including
job descriptions, Employer policies and employment agreements are and shall
remain the sole responsibility of such Employer. You hereby release HR4Golf.com
from any responsibility or liability for any costs or expenses that you
may incur or have incurred in connection with applying for, interviewing
with, or accepting employment with an Employer located through use of the
Services, whether or not you are ultimately offered, accept, or work for
such Employer, including without limitation, any liability associated with
the use of Submissions or with the breach of any employment contract, or
non-solicitation or non-competition provision thereof.
Indemnity
You hereby agree to defend, indemnify, and hold harmless HR4Golf.com and
its officers, directors, employees, and agents, from and against any and
all demands, liabilities, judgments, damages, losses, costs, expenses, claims
and settlements (including without limitation reasonable legal fees and
expenses), arising out of, resulting from or in any way connected with (a)
any breach by you of any of these Terms or any terms of any other agreement
between you and HR4Golf.com or (b) any action taken by you with respect
to (including, without limitation, any application or interview process
engaged in or acceptance of employment by you with respect to) any Listing
or Employer to which you were introduced by means of the Services.
Privacy
The privacy commitment on the Web Site represents the policy of HR4Golf.com
only. You acknowledge, understand and agree to cooperate with our policies
with respect to the collection and use of personal information, including
Submissions, as set forth in our Privacy Commitment (see Privacy Commitment).
Links to Third-Party Web Sites
HR4Golf.com MAY FROM TIME TO TIME PROVIDE LINKS TO THIRD-PARTY WEB SITES
FROM OUR WEB SITE OR IN CONNECTION WITH OUR SERVICES. THESE LINKS ARE PROVIDED
SOLELY AS A CONVENIENCE TO YOU AND THE OTHER USERS. IF YOU DECIDE TO ACCESS
SUCH LINKED THIRD-PARTY WEB SITES, YOU DO SO AT YOUR OWN RISK. THE INCLUSION
OF ANY SUCH LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY THAT HR4Golf.com
ENDORSES SUCH THIRD-PARTY WEB SITE OR THE CONTENT THEREOF. HR4Golf.com IS
NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OF ANY LINKED THIRD-PARTY WEB
SITE OR ANY LINK CONTAINED IN SUCH LINKED THIRD-PARTY WEB SITE, AND MAKES
NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (AND DISCLAIMS ANY
IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE), REGARDING THE CONTENT OR PRIVACY POLICIES OF,
OR THE ACCURACY OF ANY MATERIALS ON, SUCH THIRD-PARTY WEB SITES.
Promotions
From time to time, Direct Hiring Employers may sponsor sweepstakes, contests,
or other promotions for Candidates (collectively, the "Promotions") in conjunction
with the Services. Participation in any such Promotion accessible through
the Services is governed by applicable rules. By participating in any Promotion,
you become subject to such rules and all applicable laws and regulations.
You should read such rules and review our Privacy Commitment, which, in
addition to these Terms, governs any information you submit in connection
with any Promotion.
No Resale or Commercial Use
You understand and agree that your right to use the Services is personal
to you. You agree not to resell or make any commercial use of the Services.
Void Where Prohibited
Although the Web Site is accessible worldwide, the Services may not be
available to all persons in all geographic locations or jurisdictions. HR4Golf.com
reserves the right to limit the availability of the Web Site and/or the
provision of the Services to any person, geographic area or jurisdiction
it so desires, in our sole discretion, and to limit the quantities of any
such product or service that it provides. Any offer for any product or service
made in the Web Site or in connection with the Services is void where prohibited.
By choosing to access the Web Site or use Services from any location other
than the United States, you accept full responsibility for compliance with
all local laws. You are also subject to United States export controls and
are responsible for any violations of United States embargoes or other federal
rules and regulations restricting exports.
Miscellaneous
These Terms shall be governed by and construed in accordance with the
laws of the State of New Jersey. Each party to these Terms hereby submits
to the exclusive jurisdiction of the state and federal courts sitting in
the County of Monmouth in the State of New Jersey, and waives any jurisdictional,
venue, or inconvenient forum objections to such courts. If any provision
of these Terms is held to be invalid or unenforceable for any reason, the
remaining provisions shall continue in full force without being impaired
or invalidated in any way. No waiver of any breach of these Terms shall
be effective unless made in writing and signed by an authorized representative
of the waiving party. The waiver by either party of any breach of these
Terms shall not operate or be interpreted as a waiver of any other or subsequent
breach. These Terms and any rights, licenses, and/or obligations hereunder
may not be assigned, delegated, or otherwise transferred by you to any third
party. Each party to these Terms is acting as an independent contractor,
and nothing in these Terms shall create or be construed to create any partnership,
joint venture, agency, franchise, or employment relationship between the
parties. Notices may be sent via e-mail, and such notice shall be deemed
given upon receipt of an automated confirmation of e-mail delivery, and
if sent by certified mail or courier, upon reasonable confirmation of receipt.
These Terms, and any separate, executed Agreement concerning your use of
the Services, set forth the entire understanding and agreement of the parties
and supersede any and all prior or contemporaneous agreements or understanding,
written or oral, between the parties as to the subject matter of these Terms.
Neither party is relying upon any warranties, representations, assurances
or inducements not expressly set forth herein.
Termination and Violation of Terms and Conditions
You may discontinue use of the Web Site or the Services at any time. HR4Golf.com
reserves the right, in its sole discretion, to terminate the provision of
any Services to you, to remove any Listing, and to prevent your further
access to the Web Site, the Services and any Materials or Listings, at any
time with or without cause. HR4Golf.com also reserves the right, in its
sole discretion, to remove from the Web Site or the Services, any Listing,
materials or information that constitutes a violation of these Terms (without
any liability whatsoever for the protection or safekeeping of such removed
information). All information and referrals will then become the property
and ownership of HR4Golf.com.