Terms
of Use
1.
ACCEPTANCE.
Welcome
to www.andiamo-group.com (the "Site"). This page
("Notice") states the terms and conditions of
the Site. Please review this Notice carefully.
By accessing, browsing, or using the Site ("Use"),
all users and viewers ("You," "you," "User," or
"user") acknowledge acceptance of the terms and
conditions listed in this Notice. If you do not
accept the terms and conditions listed in this
Notice, please do not use the Site. Andiamo! Group
reserves the right to update this Notice from
time to time in its sole discretion. You should
review this Notice periodically for updates and
changes.
2.
ELIGIBILITY.
The
Site and any related services are available to
you, provided that you can form legally binding
agreements under applicable law. The Site is not
available to minors. If you are a minor, please
do not use the Site.
3.
LICENSE.
Andiamo! Group grants you a limited, non-exclusive,
non-transferable, non-assignable, revocable license
to view and temporarily download a copy of the
materials displayed on the Site solely for your
personal and non-commercial use for yourself or
within your organization. All materials displayed
or made available on the Site, including, but
not limited to, graphics, documents, text, images,
sound, video, audio, artwork, software, and HTML
code (collectively, the "Material") are exclusive
property of Andiamo! Group or its content suppliers.
The Materials are protected by U.S. and international
copyright laws and any other applicable intellectual
property rules, regulations, and laws. Except
as expressly permitted herein, you shall not (i)
use, copy, modify, display, delete, distribute,
download, store, reproduce, transmit, publish,
sell, re-sell, adapt, reverse engineer, or create
derivative works of the Material, or (ii) use
the Material on other web sites or any media,
e.g., networking environment, without Andiamo!
Group prior written consent. All trademarks, service
marks, and logos (the "Marks") displayed on the
Site are exclusive property of Andiamo! Group
and their respective owners. You shall not use
the Marks in any manner without Andiamo! Group's
and their respective owners' prior written consent.
4.
USER SUBMISSIONS.
The
Site provides a forum for you to obtain employment
and career information. By submitting or entering
your information to the Site ("Submitted Material"),
you agree that you grant Andiamo! Group a perpetual,
non-exclusive, irrevocable, royalty free, worldwide
license and right, but not the obligation, to
use, copy, modify, display, distribute, download,
store, reproduce, transmit, publish, sell, re-sell,
adapt, create derivative works in any manner,
in entirety or a portion of, of your Submitted
Material, and by any means, forever and worldwide.
You acknowledge and accept that Andiamo! Group
is only a passive forum for users to obtain employment
and career information. Andiamo! Group does not
screen or monitor any Submitted Materials. Andiamo!
Group, therefore, makes no representation regarding
the reliability, accuracy, completeness, validity,
or truthfulness of any Submitted Materials. Andiamo!
Group reserves the right, in its sole discretion,
to delete, remove, refuse to display, or block
any Submitted Materials that Andiamo! Group considers
to be unacceptable. In the event Andiamo! Group
receives notification regarding any unacceptable
Submitted Materials, Andiamo! Group may investigate
such materials, in its sole discretion. You acknowledge
and agree that Andiamo! Group may retain copies
of your Submitted Materials and disclose your
Submitted Materials to a third party if Andiamo!
Group believes that it is necessary to: (i) protect
the integrity of the Site; (ii) protect rights
of Andiamo! Group; (iii) comply with any court
order; (iv) comply with any legal proceedings;
(v) assert Andiamo! Group's claim under this Notice;
and (vi) satisfy any claims regarding violations
of third party's rights.
5.
GENERAL PROHIBITION.
In
connection with your Use, you agree NOT to: (a)violate
any local, state, and federal rules, regulations
and statutes, including, but not limited to, U.S.
export laws and regulations, anti-discrimination,
or equal opportunity employment laws; (b) infringe
any intellectual property and privacy rights,
including, but not limited to, patent, copyright,
trademark, or trade secrets, of any third party;
(c) upload, post, transmit, or store any material
that: i. is unlawful, offensive, defamatory, fraudulent,
deceptive, misleading, harmful, threatening, harassing,
obscene, or objectionable; ii. breaches any of
your contractual or confidentiality obligations;
iii. disrupts or interferes with the normal operations
of the Site, such as posting or transmitting viruses,
continuous posting of repetitive materials, or
posting abnormally large load; or iv. are not
permitted by Andiamo! Group, including, but not
limited to, any unauthorized advertising materials,
unsolicited promotional materials, "junk mail,"
"spam mail," "chain letters," pyramid schemes,
franchises, distributorship, club membership,
sales arrangement, or otherwise unacceptable materials;
(d) violate other's privacy rights or personal
rights by abusing the Materials, including, but
not limited to, harassing or "stalking" another
person, sending unsolicited e-mails, and collecting
other's personal information; (e) breach or attempt
to breach any security measures of the Site; (f)
use any device, process, or mechanism to monitor,
retrieve, search, or access, e.g., spider or robot,
the Site or any Material without Andiamo! Group
prior written consent; (g) access or attempt to
access any account or login of any third party
listed on the Site; (h) copy, modify, reproduce,
delete, distribute, download, store, transmit,
sell, re-sell, publish, reverse engineer, or create
derivative works of any Materials, except for
materials that have been submitted and owned by
you; (i) post or submit any inaccurate, false,
or incomplete information, such as your resume,
biographical data, or employment information;
(j) impersonate any person or entity; (k) forge
any header information in any electronic posting
or mail; or (l) misrepresent yourself, your affiliation
with any third party, or your entity.
6.
SPECIFIC USAGE AND RESPONSIBILITIES.
In
addition to the general responsibilities listed
in Section 5, you agree to comply with the following
terms. You further agree to: (a) use the Site
only for lawful purposes in searching for employment
opportunities and career information; (b) provide
and maintain complete, correct, up-to-date, and
accurate information on your submitted information;
(c) post materials for which you have all the
necessary rights or licenses; (d) use your own
judgment, caution, and common sense in managing
job opportunities and information offered by or
obtained from the Site; and (e) bear the risks
of any reliance or use of any Materials or any
information provided by any third party.
7.
ACCOUNT AND PASSWORD.
With
your Use of the Site, you may decide to open an
account with the Site. If you open an account
with the Site, you will receive an account logon
and an initial password. It is your sole responsibility
to (a) maintain the confidentiality of your account
logon and password; (b) frequently update and
revise your password; and (c) promptly notify
Andiamo! Group if there is any unauthorized use
of your account or any breach of security.
8.
EMPLOYMENT.
You
understand and agree that Andiamo! Group (a) does
not warrant that you will receive any employment
or job offers through the Site; (b) shall not
be responsible for any employment offers, employment
screenings, employment decisions, and actual employment
presented by third parties; (c) does not guarantee
the accuracy, completeness, validity, or timeliness
of information listed by any third parties; (d)
shall not be responsible for any materials posted
by third parties, including, but not limited to,
job openings and employment listings; and (e)
is neither your employer nor your agent in any
regard. You shall use your own judgment, caution,
and common sense in evaluating any prospective
employers and any information provided by any
third party.
9.
LINKS TO THIRD PARTY.
The
Site may have links, such as hyperlinks or buttons,
directing access to third party's web sites ("Linked
Sites"). The Linked Sites may not be controlled
or monitored by Andiamo! Group. Andiamo! Group
shall not be responsible for any materials, information,
or content posted on the Linked Sites. The inclusion
of the Linked Sites on the Site does not imply
any relationship or association between Andiamo!
Group and the owner of the Linked Sites or any
endorsement or sponsorship by Andiamo! Group of
the Linked Sites. Andiamo! Group includes the
Linked Sites solely for your convenience. You
are solely responsible for your access of the
Linked Sites. You shall use your own judgement,
caution, and common sense in using the Linked
Sites.
10.
PRIVACY.
With
your Use of the Site, Andiamo! Group may collect
your information. See Section 4 for more details
regarding your submission. In addition to the
potential disclosure of user-identifiable information
as stated in Section 4, Andiamo! Group may disclose
aggregate information to a third party, such as
general demographics and usage information about
Users. Andiamo! Group may use cookies to track
your Use, including, but not limited to, registration,
submissions, and information requests. Andiamo!
Group may also combine your information with other
information available to Andiamo! Group about
you in order to improve future services and product
offerings. If you register with the Site, Andiamo!
Group may ask for your contact information, such
as name and email address. You further agree and
accept that Andiamo! Group may, from time to time,
send you automated email messages or marketing
materials regarding its services, including employment
information. You may opt out of receiving such
automated email messages by sending an email message
to the Help Desk listed below.
11.
INDEMNIFICATION.
You
agree to indemnity, defend, and hold Andiamo!
Group, its parents, subsidiaries, affiliates,
officers, directors, agents, employees, harmless
from any claims or demands of any third party,
including, but not limited to, attorneys' fees
and legal fees, resulting from or arising out
of your Use of the Site, your Submitted Materials,
or your violation of any terms and conditions
of this Notice.
12.
DISCLAIMER.
YOU
ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL
RISKS RELATED TO OR RESULTING FROM YOUR USAGE,
VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED
ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B)
ANDIAMO! GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE
OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C)
ANDIAMO! GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES
THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE
OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED
AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED
AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL
MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY,
ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS
OF ANY SUBMITTED MATERIALS.
13.
LIABILITY AND LIMITATIONS OF LIABILITY.
YOU
AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING
OUT OF, OR RESULTING FROM YOUR USE OF THE SITE
OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT
LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL
HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS
OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS,
AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER
AGREE TO RELEASE ANDIAMO! GROUP, ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND
EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS,
DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL)
OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED
WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE
OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS
RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR." YOU FURTHER UNDERSTAND AND AGREE
THAT IN NO EVENT ANDIAMO! GROUP, ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES,
AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES,
OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE,
DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH
OR FAILURE OF WARRANTY, EVEN IF ANDIAMO! GROUP
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION
OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY,
OR THE DISCLAIMER OF CERTAIN DAMAGES, ANDIAMO!
GROUP'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL
NOT EXCEED U.S. $10.
14.
TERMINATION.
Andiamo!
Group has the right, in its sole discretion, to
terminate any services of the Site and remove
any Materials from the Site. Andiamo! Group may
also terminate your access to any part or all
of the services provided by Andiamo! Group on
the Site at any time, with or without cause or
notice, for any reasons. If you want to terminate
your account, you may only cease your Use of the
Site. Andiamo! Group shall not be responsible
for maintaining or returning your Submitted Materials,
your account, or your logon and password. You
should always maintain a copy of your Submitted
Materials.
15.
GENERAL.
You
agree that there is no employment, partnership,
agency, or joint venture relationship between
you and Andiamo! Group arising out of or resulting
from your Use of the Site. This Notice constitutes
the entire agreement between you and Andiamo!
Group governing your Use of the Site and is additional
to any binding agreement between you and Andiamo!
Group. This Notice is governed by the laws of
the State of California, United States of America,
without giving effect to any principles of conflict
of laws. Andiamo! Group does not warrant that
this Site will be lawful outside the United States.
If you view, access, submit, or download materials
to and from the Site outside the United States,
you will be solely responsible for all your actions
and assume all risks. You may not use or export
any Materials or make any copy or adaptation in
violation of any application laws, rules, or regulations,
including, but not limited to, U.S. export laws
and regulations. The failure or delay by either
party to enforce the terms of this Notice shall
not be deemed as a waiver of such term. Sections
4, 5, 6, 7, 9, 10, 12, 13, 14, and 15 shall survive
any termination of this Notice for any reasons.
Last
updated date: February 5, 2002.
Help
Desk - If you need more information regarding
the Site or this Notice, please contact:
Mailing
Address
The
Webmaster
Andiamo! Group
44 Montgomery Street Suite 860
San Francisco, California 94104
Email
Address: Webmaster@Andiamo-Group.com
© 2002 Andiamo! Group. All rights reserved.
Equal
Opportunity Employer.
