MadCap Software Job Board Terms
This page states the "Terms and Conditions" under which you may use the MadCap Software Job Board (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Website and service. By using this Website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. MadCap Software, Inc. (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 Website for any reason.
Use of Website Content.
The Company authorizes You to view and access a single copy of the content available on or from Website solely for your personal, noncommercial use.
The contents of this Website, such as text, graphics, images, logos, button icons, software and other Website content (collectively, "Website Content"), are protected under both United States and foreign copyright, trademark and other laws. All Website Content 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 Website is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Website Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any copy you make of the Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Website Content on any other Website or in a networked computer, including internet groups or chat room environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate any Website Content or the pages making up Website. It is also protected by the Company's copyright.
Acceptable Website Use
General Rules: Users may not use Website in order to transmit, distribute, store or destroy material, including without limitation Website 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.
Website Site Security Rules
Users are prohibited from violating or attempting to violate the security of the Website, 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 Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any email 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
Website may be used only for lawful purposes by individuals seeking employment, career information and employers seeking employees. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, 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 upfront 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.
Using the Website Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services.
Sending unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of Website.
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 Website or any activity being conducted on this site.
Taking any action which imposes an unreasonable or disproportionately large load on the Website infrastructure.
If You have a password allowing access to a non-public area of this Website, 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 Website other than the search engine and search agents available from the Company on such Website Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Mozilla Firefox).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
Aggregating, copying or duplicating in any manner any of the Website Content or information available from Website.
Framing of or linking to any of the Website Content or information available from Website.
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 Website 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 material that is off-topic on topic-specific message boards; 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 endorses 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 Website 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 Website, 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 Website retains any and all rights that may exist in such content.
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.
We appreciate hearing from our customers and welcome your comments regarding our services and the website. 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.
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 immediately of any unauthorized use of your registration or password.
Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
Website respects 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 owner’s rights. As a condition to your use of this Website, You agree not to use the Website or any other Website 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 Website and/or the other Website Sites 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.
Website is only a venue. This Website 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 Website.
Because user authentication on the Internet is difficult, the Company 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 Website, 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. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Website. 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 Website.
The Website Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of Website or the Website Content. The use of Website and the Website Content is at your own risk. Changes are periodically made to Website 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 Website. Employers are solely responsible for their postings on Website.
The Company is not to be considered to be an employer with respect to your use of Website and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on Website.
THE COMPANY DOES NOT WARRANT THAT Website WILL OPERATE ERROR-FREE OR THAT Website AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF Website OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE EMR JOBSITE SITES AND WEBSITE CONTENT 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 WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON Website BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ACCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE Website AND THE WEBSITE CONTENT, 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 Website and certain other Website Sites contain links to third party Websites. 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 Websites. 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 Websites. If you decide to access linked third party Websites, you do so at your own risk.
No Resale or Unauthorized Commercial Use
LIMITATION OF LIABILITY
WEBSITE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH Website OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $10.
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 Website and the other Website Sites and immediate termination of your registration with or ability to access this Website and the other Website Sites 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 Website.
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 (i) any material You provide to Website, (ii) any Website Content that You use or (iii) 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.