TERMS OF USE
Telesaur, LLC ("Telesaur," "we," "us," and "our") provides this website (the "Website") subject to these Terms of Use and all modifications thereto ("Terms of Use"). "You", "you" and "your" refer to each company, supplier, or person that uses this Website. All personal information collected through this Website is subject to our Privacy Statement which is incorporated herein by reference.
ACCEPTANCE OF TERMS OF USE
You agree that by entering your username and password and clicking "Create an Account," or by clicking on an "Agree and Continue" or similar button when registering for or accepting any services on the Website or provided by Telesaur, you are acknowledging that you have read, understand and agree to be bound by these Terms of Use, and that such actions constitute your agreement thereto and acceptance thereof. If You do not agree to any of these Terms of Use, You may not access or otherwise use the Website. Any updates or revisions of this Terms of Use will be effective immediately upon posting on the Website. Please check this Terms of Use periodically for updates or revisions. Your continued access or use of this Website following the posting of any updates or revisions to this Terms of Use constitutes acceptance of this Terms of Use as updated or revised.
ACCOUNT REGISTRATION
When You register with Telesaur, you will be asked to create an account and provide Telesaur with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with Telesaur's Privacy Statement.
USER AND SUBMISSIONS
You are solely responsible for your account information, employer account information or job postings, profile, "User Content" including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that you post on the Website or transmit to other Users or Members.
LICENSE
Telesaur grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Telesaur Website.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting User Content to this Website, you:
(a) grant Telesaur the worldwide, royalty-free, perpetual, and non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote such content in any form, anywhere and for any purpose; and (b) warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Telesaur will not infringe or violate the rights of any third party.ELECTRONIC COMMUNICATIONS
You agree that we may communicate with you electronically by way of e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONDITIONS AND RESTRICTIONS ON USE
Use of this Website is governed by this Terms of Use.
You agree to comply with all procedures, rules and policies established by us (and communicated electronically by us to you by way of e-mail or by posting notices on this Website), and all applicable federal, state, and local laws and regulations, including without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101 et. seq.). You agree to use this Website only for lawful purposes. You agree that you are responsible for obtaining access to the Website, including, but not limited to any third party fees (such as Internet service provider or airtime charges) involved in obtaining access and for all equipment necessary to access the Website. You may not post on or transmit through the Website User Content that (i) is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive; (ii) constitutes a breach of any person's privacy or publicity rights; (iii) violates any statute, regulation or ordinance; (iv) promotes software or services that deliver unsolicited mail; or (v) promotes, encourages, or facilitates terrorism or other activities that risk United States national security. You may not upload, post, e-mail or otherwise transmit any User Content on or through the Website that (i) contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of the Website or with other users of this Website, (ii) is knowingly untrue, inaccurate or misleading, or (iii) interferes with the operation of the Website in any manner. You further agree that you will not: (a) Impersonate any person or entity, including, but not limited to, a Telesaur officer, director, employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Website; (c) Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website; (d) Use Telesaur' resume database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Telesaur' resume database to sell or promote any products or services; (e) Use any automated procedure to gather information or data from the Website by means of what is commonly called a "bot" or otherwise; (f) Interfere with or disrupt the Website or servers or networks connected to the Website, or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Website (or that of any third party that is hosting or interfacing with any part of the Website) or take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure; (g) Duplicate, copy or otherwise exploit the Website or its contents for commercial purposes; (h) Post jobs or content on the Website that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (i) Post or submit to the Website any incomplete, false or inaccurate biographical information or information which is not owned or licensed by the poster; (j) Post on the Website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only, or requires recruitment of other members, sub-distributors or sub-agents; (k) Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to other Users or Members; (l) Delete or revise any material posted by any other User, Member or other entity; or (m) Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. Telesaur may, at its sole discretion, suspend or terminate your access to this Website, without prior notice, if Telesaur believes that your conduct fails to conform to this Terms of Use.JURISDICTION, VENUE, STATUTE OF LIMITATIONS
This Terms of Use shall be governed by the laws of the State of Ohio, USA, without reference to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to this Website, the Terms of Use, or the Services of Telesaur shall be filed exclusively in the state or federal courts located in Franklin County, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Website, this Terms of Use, or the Services of Telesaur must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely. IF YOU USE THIS WEBSITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU AGREE TO BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU USE THIS WEBSITE. INTELLECTUAL PROPERTY Nothing within the Terms of Use and this Website shall be construed as conferring any license under the Terms of Use of any of Telesaur's intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate this Website is protected by copyright, trademark, patent, or other proprietary rights by us and our affiliates, licensors, and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Website. You agree not to use any of the trademarks or service marks or other content accessible through this Website for any purpose other than the purpose for which such content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Website. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Website or any software or programs used in connection with this Website. Telesaur will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of Telesaur's materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
LIMITATION OF LIABILITY
YOUR USE IS AT YOUR OWN RISK AND NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING OR OPERATING THIS WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (1) THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR (2) THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. Notwithstanding the fact that Telesaur or other parties involved in creating, producing, or delivering this Website may monitor or review transmissions, postings, discussions, or chats, Telesaur and all parties involved in creating, producing, delivering or operating this Website, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
LINKS TO OTHER WEBSITES
Although this Website may be linked to other web sites, Telesaur is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked web site, unless specifically stated herein. Telesaur is not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their web sites. Telesaur does not assume any responsibility or liability for the actions, Products, and content of any other third parties. You should carefully review the privacy statements and other conditions of use or any web site which you access through a link from this Website. Your linking to any other off-site pages or other web sites is at your own risk.
WARRANTY DISCLAIMER
THIS WEBSITE, AND THE INFORMATION AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, TELESAUR AND ITS AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THIS WEBSITE OR THE SITE CONTENT THEREON; (II) ANY WARRANTY THAT THIS WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND (III) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE'S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE AND NONINFRINGEMENT. TELESAUR MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF YOU USE THIS WEBSITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. INDEMNIFICATION You agree to defend and indemnify Telesaur and its employees and suppliers from any claim or demand, including reasonable attorney's fees, arising from your failure to comply with this Terms of Use, your violation of any law or the rights of a third party.
ADDITIONAL TERMS
If any provision of this Terms of Use is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Terms of Use, and any part of such provision not held invalid or unenforceable shall remain in effect. If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Terms of Use, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified. Notwithstanding anything herein to the contrary, the "Warranty Disclaimer" and the "Limitation of Liability" language shall survive the termination of this Terms of Use. The provisions of this Terms of Use will inure to the benefit of and be binding upon Telesaur and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Terms of Use or the rights and obligations under this Terms of Use without the express prior written consent of Telesaur, which may be withheld in Telesaur's sole discretion. Telesaur may assign this Terms of Use and its rights and obligations under this Terms of Use without your consent or the consent of any persons you represent. Nothing contained in this Terms of Use shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. TELESAUR'S FAILURE TO ENFORCE ANY PROVISION OF THE TERMS OF USE OR TO ACT WITH RESPECT TO A BREACH OF THE TERMS OF USE BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF TELESAUR'S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF TELESAUR'S RIGHT TO ENFORCE SUCH PROVISION.
Rev: June 28, 2010
