Procedural Web Site Use
The Company authorizes you to view and access a single copy of the content available on or from focalpointcorp.com the ("Web Site") solely for your personal, noncommercial use. The contents of this Web Site, and all websites under The Company's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other Web Site content collectively, ("Web Site Content"), are protected under both United States and foreign copyright, trademark and other applicable laws. All Web Site Content is the property of The Company or its content suppliers, applicants or clients. The compilation and arrangement 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 Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-marks and other proprietary notices contained in the original Web Site Content, on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment or otherwise for any purpose is strictly prohibited.
The Web Site is controlled and operated in whole or in part by FocalPoint Corporation, Inc. and focalpointcorp.com from its offices within the United States. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF TEXAS, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE WEB SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN TEXAS, U.S.A. Those who access the Web Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. The Company makes no representation that the Content in the Web Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited. You acknowledge that The Company reserves the right in its sole discretion to refuse or terminate access to the Web Site by you at any time. 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 or clients who are involved in such violations.
Job-Seekers/Users and Employers/Client's
May only use the Web Site for lawful purposes by individuals seeking employment and career information and employers searching for employees. Users may not use focalpointcorp.com to transmit, distribute, store or destroy material, including but not limited to all Web Site Content that would violate any applicable law or regulation or in a manner that will infringe the copyright, trademarks, trade secret or any and all other intellectual property rights of others or violate the privacy, publicity or other personal right of others or use it for defamatory, obscene, threatening, abusive, harassing, defamatory, or hateful intent or otherwise. This includes but is not limited to posting sexually explicit images or statements, posting advertisements or solicitations of businesses including hyperlinks to other locations from The Web Site, or posting anything other than your resume or job listing, unless authorized by an officer of The Company. You are responsible for your own communications and are responsible for the consequences of their postings, please see our privacy statement for further explanation.
May not violate or attempt to violate the security of the Web Site, including, but not limited to, accessing data not intended for that user or client or logging into a server or account which the user or client is not authorized to access or attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or attempting to interfere with service to any user, host or network, including, but not limited to through means of submitting a virus to the Web Site, through overloading, spamming etc…or sending unsolicited e-mail, including promotions and/or advertising of products or services.
May not Post any incomplete, false or inaccurate biographical or Corporate information or information which is not your own accurate resume or job posting, this includes deleting or revising any information posted by any other entity or person.
May not post any information misleading job-seekers or clients for any business not directly relating to FocalPoint Corporation, Inc., or its online services focalpointcorp.com regarding direct hires for, but not limited to contract, contract to hire, permanent placement or other services offered.
May not disclose to or share your password with any third party or use your password for any unauthorized purpose or unauthorized entrance to any area of the site but that area that applies specifically to you. 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.
May only use generally available third party web browsers such as Netscape Navigator, Microsoft Explorer, AOL, etc… No other search engines, software or devices to navigate or search any area of the site, may not be used.
Focalpoint Corporation, Inc. and focalpointcorp.com, "The Company",
While acting as a passive conduit for the online distribution and publication of Job-Seeker/User or Employer/Client-submitted information and having no obligation to screen communications or information in advance and is not responsible for monitoring material posted by the same, The Company will not and can not guarantee the reliability or truthfulness of that information or those statements posted/listed on the Web Site by Job-Seekers/Users or Employers/Clients and they will not hold FocalPoint Corporation, Inc. or its online services focalpointcorp.com or its officers or employees responsible for any assumptions made.
Reserves the right to terminate, cancel, remove, or delete any User or Client and their information and will prevent their further access to The Web Site for violating the Terms and Conditions or what is determined to be unlawful.
Request that if you believe that anyone or any organization is using this site unethically or unlawfully, that you please report it to The Company as soon as possible; by including your name, email address, the area of concern and examples for us to locate.
Claims all submissions in the form of but not limited to suggestions, comments, statements, inventions or ideals to any employee of or any area of The Company, as its sole property and 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. You agree to release The Company of any litigation or liability regarding said information, and Grant The Company perpetual, royalty-free, commercial or otherwise and license to use, modify, adapt, publish, translate, distribute to anyone worldwide and to incorporate that information at any time into any material internally or externally, without any compensation to you or any other person who submitted the submissions. You also warrant that the holder of any right has completely and effectively waived all such rights and validity and irrevocably granted to you the right to grant the license stated. Note: any Job-Seeker/User or Employer/Client that infringes the Copyrights or Intellectual Property Rights of Others, will not be tolerated, and must be reported immediately to firstname.lastname@example.org. 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 and violation of that will be immediate termination of all rights to the Web Site.
The Company reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the Job-Seeker or Employer/Client who is terminated or whose access is blocked.
The Company is a venue for Employers/Clients to post job opportunities and Job-seekers/Users to post resumes in the format that The Company feels, based on its expertise in the industry, is the most efficient for both parties, but does not and will not assume any responsibility to the contrary. The Company will screen and censor at our discretion those listings/postings, in order to maintain that efficiency. You assume all risks associated with dealing with other users, job-seekers, clients and employers with whom you come in contact through the Web Site and/or FocalPoint Corporation, Inc. User authentication on the Internet is difficult; therefore the Company cannot and does not confirm that each Employer/Client or Job-Seeker/User is who they claim to be. Both Job-Seeker/User and the Employer/Client, release The Company (and our officers, agents, employees, strategic alliances and partners) from any 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 any disputes.
The Web Site content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any part of the Web Site or the Web Site Content. The use of the Web Site and its content is at your own risk. Changes are periodically made to the Web Site and may be made at any time that The Company feels is necessary, The Company urges you to check back, from time to time, to familiarize yourself with these changes and The Company is not in any way responsible for any assumptions that you make.
The Job-Seeker/User and the Employer/Client acknowledge and agree that they are solely responsible for the form, content and accuracy of any resume information or job posting material contained therein placed by them on the Web Site.
The Company is not to be considered to be an employer with respect to the Job-Seeker/User or the Employer/Clients use of any part of the Web Site and The Company shall not be responsible for any employment decisions, for whatever reason, made by any Employer/Client posting positions on the Web Site.
The Company does not warrant that The Web Site will operate error-free or that The Web Site or its servers, weather hosted on site or through a hosting company, are free of computer viruses or other harmful mechanisms. If your use of The Web Site or material results in the need for servicing or replacing equipment or data, The Company is NOT responsible for those costs in any way. The Web Site and its content are provided on an "AS IS" basis without any warranties, implied or otherwise, of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether expressed 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 any links and operates with regards to any information submitted to the best of its knowledge and ability only.
The aggregate liability for The Company to Employer/Client or Job-Seeker/User for ALL claims arising from the use of the materials or any part of The Web Site is limited to $100.00 maximum.
Consequential damages Disclaimer
In NO event shall The Company, its officers, agents, employees, strategic alliances partners, 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 any part of 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 MAY contain links to third party web sites. The Company of the contents on such third-party web sites provides these links solely as a convenience to you and not as an endorsement. 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, and without liability to The Company