Terms and Conditions
GENERAL INFORMATION
Please read these legal notices carefully before using BrahmaTalent.com
(the 'site' or 'Web site'). By using this site, you convey your agreement
with this legal notice. If you do not agree with the terms stated in this
legal notice or are dissatisfied with the site, do not use this site. BrahmaTalent™
(BrahmaTalent.com™' 'we,' 'us,' or 'our') reserves the right to alter,
modify, or otherwise update these terms at any time, and you agree to be
bound by such alterations, modifications, or updates. The terms 'You', 'Yours',
'the Company' and 'User' as used herein refer to all individuals and/or
entities accessing this web site for any reason. You agree to be bound by
all of the terms of this, and all future agreements, as long as you use
BrahmaTalent.com, BrahmaTalent™ 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.
This site is maintained and operated by BrahmaTalent™: PO BOX 14147,
Mill Creek, WA 98028
BrahmaTalent™ shall have the right to terminate your ability to access
this site at any time without notice.
COPYRIGHT AND TRADEMARK INFORMATION
All logos, Web site design, text, graphics, and the selection and arrangement
thereof are the sole property of BrahmaTalent™. Except as provided
by agreement between BrahmaTalent™ and authorized entities and individuals,
the use of materials on the Web site without the prior written permission
of BrahmaTalent™ is strictly prohibited. This includes copying or
adapting the HTML code used to generate Web pages on BrahmaTalent.com.
BrahmaTalent.com and certain other names or logos are service marks or
trademarks of BrahmaTalent™. All other service marks and trademarks
are the property of their respective owners. BrahmaTalent™ is not
responsible for other service marks, trademarks, and company names that
may be the trademarks and/or service marks of their respective owners.
PASSWORD AND SECURITY
By registering, you certify that the information you provide on the registration
form is accurate and belongs to you. You are responsible for maintaining
the confidentiality of your information and password. You are responsible
for all uses of your registration, whether or not authorized by you. You
agree to notify us immediately of any unauthorized use of your registration
or password.
By contracting as a client of BrahmaTalent™, disclosing to or sharing
your password with any third parties or using your password for any unauthorized
purpose is prohibited
ACCEPTABLE USES OF THE SITE
When you use the BrahmaTalent™ Web site, you agree to use the site
for lawful purposes only. This site is intended for use by individuals
seeking employment (or career information) and employers seeking employees.
The following rules are applicable to all users of the site. You are prohibited
from:
1. Taking any action that imposes an unreasonable load on the Site's infrastructure.
2. 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.
3. 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.
4. Deleting or revising any material posted by any other person or entity.
5. Framing of or linking to any of the materials or information available
from the Web Site.
BrahmaTalent™ is not responsible for any information posted on
any of our message boards or forums. BrahmaTalent™ considers this
information non-confidential and non-proprietary. This information is
contributed by users and is not the responsibility of BrahmaTalent™,
its officers, directors, employees, or agents, nor does it reflect the
opinions of those listed. You are responsible for the information you
post to this site.
BrahmaTalent.com does not monitor all submissions to the site, but reserves
the right to do so and to remove or edit anything that is in violation
of this legal notice, the BrahmaTalent™ Rules or the policies of
BrahmaTalent.™.
Our PRIVACY POLICY governs information submitted to BrahmaTalent.com and
information distributed by us.
If you submit any information (email, resume, job posting, forum, etc.)
to our site, you agree not to:
1. Post or transmit anything that is defamatory, abusive, libelous, unlawful,
obscene, threatening, harassing, fraudulent, pornographic, harmful, or
that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any
law.
2. Post or transmit pyramid schemes or chain letters.
3. Post or transmit anything that violates the copyright or intellectual
property rights of any person or entity, including but not limited to
copyrights and trademarks.
4. Post or transmit a virus or any other harmful component.
5. Contact BrahmaTalent.com users (employers and job candidates) through
unsolicited email, telephone calls, mailings or any other method of communication.
6. Reply to any employment advertisement on our site for any reason other
than to apply for the job.
While retrieving information (resumes, job postings, forums, etc.) from
our site, you agree not to:
1. Notwithstanding anything to the contrary contained herein, use 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.
2. Aggregate, copy or duplicate in any manner any of the materials or
information available from the Web Site.
3. Access data not intended for such user, or log into a server or account
that the user is not authorized to access.
BrahmaTalent™ reserves the right, at its sole discretion, to deny
service to any user while an investigation of violations is in progress.
LINKS TO OTHER SITES
BrahmaTalent.com contains links to third-party Web sites. We provide these
links solely as aids to assist you in locating other Internet resources
that may be of interest to you. BrahmaTalent™ is not responsible
for the content of linked third-party sites or any link contained in a
linked site and does not make any representations regarding the content
or accuracy of materials on such third-party Web sites. BrahmaTalent.com
reserves the right to terminate any link or linking program at any time.
If you decide to access any third-party sites linked to this site, you
do so at your own risk.
We welcome your suggestions for links to our site. You may suggest a link
to this site; however, the link may not state or imply that BrahmaTalent™
endorses your site.
DISCLAIMER
THE INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED 'AS IS' AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION
CONTAINED ON THIS SITE OR IN ANY REFERENCED LINKS. BRAHMATALENT™
DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL BRAHMATALENT™ BE LIABLE FOR ANY DAMAGES WHATSOEVER
INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS
WEB SITE.
BRAHMATALENT™ HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE
HARDWARE AND SOFTWARE THAT IS THE BASIS FOR THIS WEB SITE INCLUDING ALL
IMPLIED WARRANTIES, FITNESS FOR A PARTICULAR PURPOSE AND INCIDENTAL, SPECIAL,
DIRECT OR CONSEQUENTIAL DAMAGES.
BRAHMATALENT™ DOES NOT GUARANTEE THAT JOB CANDIDATES WILL BE CONTACTED
OR HIRED BY ANY OF THE EMPLOYERS WHOSE JOB POSTINGS APPEAR ON THIS SITE.
BRAHMATALENT™ DOES NOT TAKE RESPONSIBILITY FOR ANY JOB THAT CANDIDATES
MAY SECURE AS A RESULT OF USING THIS SITE. BRAHMATALENT™ DOES NOT
MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY
JOB, CANDIDATES, EMPLOYERS, OR THIRD PARTY WHETHER IN REGARDS TO ITS WEB
SITE, HIRING, EMPLOYMENT RECRUITING PRACTICES, PRODUCTS, OR SERVICES.
BRAHMATALENT™ DOES NOT ENDORSE ANY JOB, CANDIDATE, EMPLOYER, OR
THIRD PARTY ON THIS SITE.
BRAHMATALENT™ DOES NOT GUARANTEE THAT THE INFORMATION ON OUR SITE
WILL BE ACCURATE, COMPLETE, CONTINUOUSLY AVAILABLE, OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVERS THAT MAKE IT
AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL
COMPONENTS.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET
GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON
AND OFF THE SITE.
IN NO EVENT SHALL BRAHMATALENT™ (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE
FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION)
RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS
TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT BRAHMATALENT™ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS
SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE
HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN BRAHMATALENT™'S
MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED
TO U.S. $200.00 IN THE AGGREGATE.
IN NO EVENT SHALL BRAHMATALENT™ (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE
FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF
YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH BRAHMATALENT™,
THE AMOUNTS ACTUALLY PAID BY YOU TO BRAHMA TALENT™ UNDER THIS AGREEMENT
IF GREATER THAN US$200.00).
DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU
AGREE THAT BRAHMATALENT™ WILL BE ENTITLED TO EQUITABLE RELIEF UPON
A BREACH OF THIS AGREEMENT BY YOU.
INDEMNITY
You agree to defend, indemnify, and hold harmless BrahmaTalent™,
its officers, directors, employees and agents, from and against any claims,
actions, damages, or demands (including, without limitation, reasonable
legal and accounting fees) alleging or resulting from your violation of
these legal notices, your use of this site or site-related services, or
your violation of any rights of another. Your use of this site is at your
own risk.
ADDITIONAL INFORMATION
Unless otherwise specified, the information on this site is presented
solely for individuals seeking employment and career information and for
employers seeking candidates for employment. This site is controlled and
operated by BrahmaTalent™ from its office within the U.S.A. BrahmaTalent™
makes no representation that the information on this site is appropriate
or available for use in other locations. Those who choose to access this
site from other locations do so on their own initiative and are responsible
for compliance with local law, if and to the extent local laws are applicable.
This agreement is governed by the laws of the State of Washington, without
regard to its conflict of laws provisions. No waiver of any term of this
agreement shall be deemed a further or continuing waiver of such term
or any other term of this agreement.
GENERAL TERMS AND CONDITIONS APPLICABLE TO INTERNET SERVICES
AGREEMENT
1. Independent Contractor/Relationship of Parties. This Agreement is not
intended to nor shall it constitute, create, give rise to, or otherwise
recognize a joint venture, partnership or formal business organization
of any kind, and the rights and obligations of the parties shall be only
those expressly set forth.
2. Use of Information; Damages. The information on this site which the
Company is authorized to access may only be used by its authorized office
and may not be republished, broadcast or otherwise disseminated outside
its authorized office; the Company agrees its breach of this section is
a material breach of this agreement for which the Company may be liable
to BrahmaTalent™ for special, exemplary, punitive, indirect, statutory,
or consequential damages including lost revenues and/or profits.
3. Billing and Payment. Invoices submitted by BrahmaTalent™ are
payable on the due date; invoices not paid within fifteen (15) days after
the due date shall be subject to an interest charge at a rate of one and
one-half percent (1½ %) per month, or the legal limit, whichever
is less, from the due date of the invoice until paid. The Company expressly
recognizes that non-payment when due is a material default of this Agreement.
In the event BrahmaTalent™ institutes an action to collect amounts
due, the Company shall reimburse BrahmaTalent.com for its expenses including
reasonable attorney's fees incurred in the pursuit of such action. In
addition to any other remedies for failure to pay an invoice when due,
BrahmaTalent™ may restrict the Company's access to the site, and/or
remove its job ads from the site. Any such restriction or interruption
of service does not relieve the customer of the obligation to pay the
monthly service fee. At the time any payment becomes sixty (60) days past
due, all payments on such contract, including those for future months
service, become immediately due and payable.
4. Notice. All notices and communications required or permitted shall
be in writing, delivered personally, or by electronic mail, facsimile,
overnight delivery service at the address set forth on the first page
of the Internet Services Agreement and shall be effective upon receipt.
5. Warranty. The Disclaimer in Legal Notices is incorporated herein.
6. Force Majeure. BrahmaTalent™ hereby agrees to use commercially
reasonable efforts to perform its obligations expeditiously, but BrahmaTalent.com
shall not be liable nor deemed to be in default for any delays or failure
in performance resulting directly or indirectly from any cause or circumstance
beyond BrahmaTalent's reasonable control including, but not limited to,
strikes, lockouts, fires, acts of government or governmental agencies,
accidents, machinery breakdowns, delays of carriers or suppliers, public
emergency, failure of equipment or software, unexpected use of the site,
computer virus and unauthorized use of the site.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL BRAHMATALENT™
BE LIABLE TO THE COMPANY FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
STATUTORY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE OR PROFITS)
RESULTING FROM, ARISING OUT OF, OR RELATED TO BRAHMATALENT.COM'S PERFORMANCE
OR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER, OR BREACH OF, THIS
AGREEMENT, WHETHER OR NOT THE COMPANY WAS ADVISED, KNEW, OR SHOULD HAVE
KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. BRAHMATALENT'S LIABILITY TO
THE COMPANY SHALL IN NO EVENT EXCEED THE FEES PAID BY THE COMPANY TO BRAHMATALENT™
IN THE MOST RECENT THREE MONTHS.
8. Indemnity. Except to the extent of the negligence of BrahmaTalent™,
the Company will indemnify and hold harmless BrahmaTalent™, and
its respective officers, directors, employees, agents and advisors from
and against any loss, claim, damage, liability or expense (including reasonable
attorneys fees and investigation expenses) ('Claim') arising from, related
to or resulting from the Company's breach of this contract or use of the
internet site and services.
9. Assignment. The Agreement may not be assigned by the Company without
BrahmaTalent's written consent. BrahmaTalent™ may assign this agreement
including by operation of law.
10. Successors. This Agreement shall be binding upon and inure to the
benefit of the parties, their heirs, legal representatives, successors,
and permitted assigns.
11. Use of Names. BrahmaTalent™ shall be permitted to use the Company's
name in our external and internal customer listings.
12. Compliance with Laws. In exercising their rights and obligations
under this Agreement, the parties shall comply with all applicable laws
and government regulations.
13. Entire Agreement. This Agreement together with all Job Posting Guidelines,
Legal Notices (including these General Terms and Conditions Applicable
to Internet Services Agreements), and Privacy Statements which are maintained
on BrahmaTalent's website (and subject to change by BrahmaTalent™
from time to time in its sole discretion) constitutes the entire understanding
of the parties, and supersedes all prior or contemporaneous written and
oral agreements, representations or negotiations with respect to the subject
matter hereof.
14. Changes. Except for pricing changes and the Job Posting Guidelines,
Legal Notices, and Privacy Statements maintained on BrahmaTalent™
website which may be changed or modified by BrahmaTalent™ from time
to time in its sole discretion, changes to this Agreement must be in writing
and signed by both parties.
15. Waiver. The failure of either party to insist on the strict performance
of any terms, covenants and conditions of this Agreement at any time,
or in any one or more instances, or its failure to take advantage of any
of its rights, or any course of conduct or dealing, shall not be construed
as a waiver or relinquishment of any such rights or conditions at any
future time and shall in no way affect the continuance in full force and
effect of all the provisions of this Agreement.
16. Headings. Headings used in the Agreement are for convenience of reference
only and shall not be construed as altering the meaning of this Agreement
or any of its parts.
17. Severability. If any provision of this Agreement is held to be illegal,
invalid or unenforceable, the remaining terms shall not be affected. The
Agreement shall be interpreted as if the illegal, invalid or unenforceable
provision had not been included in it, and the invalid or unenforceable
provision shall be replaced by a mutually acceptable provision which,
being valid and enforceable, comes closest to the intention of the parties
underlying the invalid or unenforceable provision.
18. Interpretation. Any ambiguities in this agreement shall not be construed
against either party.
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