You should be aware that the material that appears on our site is for informational purposes only. We strive to make the information as accurate as possible, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our advertisers or by any third party to whose website we link. The links on this Web site are designed for convenience only, and do not constitute an endorsement by Findavacancy of that site or any product, service or other material offered on that site.
All images, Web site design elements, text, graphics, logos, buttons, icons, other content, the presentation, selection and arrangement thereof, and all software Copyright © 2000-2001, Caresearch, Inc (Findavacancy, Findavacancy.com) P.O. Box 330, Woodland, California ALL RIGHTS RESERVED.
OWNERSHIP OF MATERIALS
Except as otherwise noted, the information and/or software within and available through this Web site (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the "Materials") are the exclusive property of Findavacancy or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Findavacancy's prior written permission. Except as expressly provided herein, Findavacancy grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information.
YOUR MEMBERSHIP
Part of the Service requires a membership registration. In consideration of your use of any part of the Service which requires a membership, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) update the Registration Data as needed in order to ensure that the Registration Data remains truthful, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Findavacancy has reasonable grounds to suspect that information you provide is untrue, inaccurate, not current, or incomplete, Findavacancy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Findavacancy is concerned about the safety and privacy of all its members. The Findavacancy Web site and Service may contain materials that you may find sexually explicit or otherwise offensive. We do not accept any responsibility for your access to or use of any such materials, and any such use or access is at your own risk.
When you register as a member, you will create a password and member ID upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and member ID and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Findavacancy of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. Findavacancy cannot and will not be liable for any loss or damage arising from your failure to comply with the provisions of the previous section.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Findavacancy, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via the Service. Findavacancy does not necessarily control the Content posted via the Service and therefore does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Findavacancy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via the Service.
You agree NOT to use the Service to:
- upload, post, e-mail, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Findavacancy official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, e-mail, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other members of the Service are able to type, or otherwise act in a manner that negatively affects other members' ability to engage in real-time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- use the Service to sell, purchase, or offer to sell or purchase any registered or unregistered securities;
- use the Service to publish, post, disseminate, or distribute any Content that is false, misleading, or designed to manipulate any equity, security, or other market;
- "stalk," "flame," or otherwise harass another; or
- collect or store data about other members for any purpose, or use the data in any manner that could be expected to offend the person for whom the data is relevant.
You acknowledge that Findavacancy does not necessarily prescreen Content, but that Findavacancy and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Findavacancy and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Findavacancy or submitted to Findavacancy, including, without limitation, information in Findavacancy message boards or chat rooms, and in all other parts of the Service.
You acknowledge and agree that Findavacancy may preserve Content and may also disclose Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Findavacancy, its members, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
INDEMNITY
You agree to indemnify and hold Findavacancy and its subsidiaries, affiliates, officers, agents, cobranders or other partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to, or transmit through the Service, your use of the Service, your connection to the Service, your violation of any terms or conditions of the Terms, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Findavacancy may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, discussion board postings, or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Findavacancy's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Findavacancy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Findavacancy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Findavacancy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Findavacancy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Findavacancy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
TERMINATION
You agree that Findavacancy, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use or if Findavacancy believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Findavacancy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Findavacancy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Findavacancy shall not be liable to you or any third party for any termination of your access to the Service.
LINKS
The Service may provide, or third parties may provide, links to other sites or resources. Because Findavacancy has limited or no control over such sites and resources, you acknowledge and agree that Findavacancy is not responsible for the accuracy of any link or the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Findavacancy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Findavacancy or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. FINDAVACANCY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
B. FINDAVACANCY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM DOWNLOADING ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FINDAVACANCY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FINDAVACANCY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FINDAVACANCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SPECIFICALLY, THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY CONTAINED IN THESE TERMS OF USE APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT FINDAVACANCY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU.
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