TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING
OR USING OUR
SITES
AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS
INCORPORATED HEREIN BY
REFERENCE. IT
IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO
READ THE TERMS AND
CONDITIONS
BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE
TERMS AND
CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE
AGREEMENT IS EFFECTIVE
AS OF
01/20/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding
agreement that
shall
govern the relationship with our users and others which may interact or
interface with RJ Executive
Search,
also known as MJDPS, located at 125 South State Road 7 104-444 Wellington, FL
33414 and our
subsidiaries and
affiliates, in association with the use of the MJDPS website, which includes
http://rjexecutivesearch.com/, (the "Site") and its Services, which shall be
defined
below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is human resources and employment placement which has the following
description:
Human Resources and Employment Placement
Any and all visitors to our site shall be deemed as "users" of
the herein
contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made
available through
our
website and applications, which may include some mobile applications and that
those applications may
be made
available on various social media networking sites and numerous other platforms
and downloadable
programs, are
the sole property of RJ Executive Search. At its discretion, RJ Executive Search
may offer
additional website
Services and/or products, or update, modify or revise any current content and
Services, and this
Agreement
shall apply to any and all additional Services and/or products and any and all
updated, modified or
revised
Services unless otherwise stipulated. RJ Executive Search does hereby reserve
the right to cancel
and cease
offering any of the aforementioned Services and/or products. You, as the end
user
acknowledge,
accept and agree that RJ Executive Search shall not be held liable for any such
updates,
modifications,
revisions, suspensions or discontinuance of any of our Services and/or products.
Your continued use
of the
Services provided, after such posting of any updates, changes, and/or
modifications shall constitute
your
acceptance of such updates, changes and/or modifications, and as such, frequent
review of this
Agreement and
any and all applicable terms and policies should be made by you to ensure you
are aware of all terms
and
policies currently in effect. Should you not agree to the updated, revised or
modified terms, you
must stop
using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that
the Services
offered shall be provided "AS IS" and as such RJ Executive Search shall not
assume any
responsibility or
obligation for the timeliness, missed delivery, deletion and/or any failure to
store user content,
communication or personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you
hereby agree
to
comply with all local rules relating to online conduct and that which is
considered acceptable
Content.
Uploading, posting and/or transferring of software, technology and other
technical data may be
subject to the
export and import laws of the United States and possibly other countries.
Through the use of our
network, you
thus agree to comply with all applicable export and import laws, statutes and
regulations,
including, but not
limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified
on any
government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited
country identified in
applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical
data through
the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military,
nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws;
and
d) agree not to post, transfer nor upload any software, technology or any
other
technical
data which would be in violation of the U.S. or other applicable export and/or
import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
RJ Executive Search shall not lay claim to ownership of any content submitted
by any
visitoror user, nor make such content available for inclusion on
our website Services.
Therefore,
you hereby grant and allow for RJ Executive Search the below listed worldwide,
royalty-free and
non-exclusive
licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly
accessible
areas
of RJ Executive Search's sites, the license provided to permit to use,
distribute, reproduce,
modify, adapt,
publicly perform and/or publicly display said Content on our network Services is
for the sole
purpose of
providing and promoting the specific area to which this content was placed
and/or made available for
viewing.
This license shall be available so long as you are a member of RJ Executive
Search's sites, and
shall
terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for
inclusion on
the
publicly accessible areas of RJ Executive Search's sites, the license provided
to permit to use,
distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content
on our network
Services are
for the sole purpose of providing and promoting the specific area in which this
content was placed
and/or made
available for viewing. This license shall be available so long as you are a
member of RJ Executive
Search's
sites and shall terminate at such time when you elect to discontinue your
membership.
c) For any other content submitted or made available for inclusion on the
publicly
accessible areas of RJ Executive Search's sites, the continuous, binding and
completely
sub-licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly
perform
and/or publicly display said content, whether in whole or in part, and the
incorporation of any such
Content
into other works in any arrangement or medium current used or later
developed.
Those areas which may be deemed "publicly accessible" areas of RJ Executive
Search's
sites are
those such areas of our network properties which are meant to be available to
the general public,
and which
would include message boards and groups that are openly available
tousers.
CONTRIBUTIONS TO COMPANY WEBSITE
RJ Executive Search provides an area for our usersto contribute
feedback to
our
website. When you submit ideas, documents, suggestions and/or proposals
("Contributions") to our
site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or
proprietary
information;
b) MJDPS shall not be liable or under any obligation to ensure or maintain
confidentiality,
expressed or implied, related to any Contributions;
c) MJDPS shall be entitled to make use of and/or disclose any such
Contributions in
any
such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole
property of
MJDPS;
and
e) MJDPS is under no obligation to either compensate or provide any form
of
reimbursement
in any manner or nature.
INDEMNITY
All usersherein agree to insure and hold RJ Executive Search,
our
subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless
ornot
liable for any
claim or demand, which may include, but is not limited to, reasonable attorney
fees made by any
third party
which may arise from any content auser of our site may submit,
post, modify, transmit
or
otherwise make available through our Services, the use of MJDPS Services or
your connection with
these
Services, your violations of the Terms of Service and/or your violation of any
such rights of
another
person.
COMMERCIAL REUSE OF SERVICES
Theuser herein agrees not to replicate, duplicate, copy, trade,
sell, resell
nor
exploit for any commercial reason any part, use of, or access to MJDPS's
sites.
MODIFICATIONS
RJ Executive Search shall reserve the right at any time it may deem fit, to
modify, alter
and
or discontinue, whether temporarily or permanently, our service, or any part
thereof, with or
without prior
notice. In addition, we shall not be held liable to you or to any third party
for any such
alteration,
modification, suspension and/or discontinuance of our Services, or any part
thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any
promotions of,
advertisers located on or through our Services, which may include the payment
and/or delivery of
such related
goods and/or Services, and any such other term, condition, warranty and/or
representation associated
with such
dealings, are and shall be solely between you and any such advertiser. Moreover,
you herein agree
that RJ
Executive Search shall not be held responsible or liable for any loss or damage
of any nature or
manner
incurred as a direct result of any such dealings or as a result of the presence
of such advertisers
on our
website.
LINKS
Either RJ Executive Search or any third parties may provide links to other
websites
and/or
resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any
such
external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any
content,
products, advertising or any other materials, on or available from such third
party sites or
resources.
Furthermore, you acknowledge and agree that RJ Executive Search shall not be
responsible or liable,
directly
or indirectly, for any such damage or loss which may be a result of, caused or
allegedly to be
caused by or in
connection with the use of or the reliance on any such content, goods or
Services made available on
or through
any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that RJ Executive Search's Services and
any essential
software that may be used in connection with our Services ("Software") shall
contain proprietary and
confidential material that is protected by applicable intellectual property
rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any
advertisements or
information presented by and through our Services or by advertisers is protected
by copyrights,
trademarks,
patents or other proprietary rights and laws. Therefore, except for that which
is expressly
permitted by
applicable law or as authorized by RJ Executive Search or such applicable
licensor, you agree not to
alter,
modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly
perform and/or created
any
plagiaristic works which are based on RJ Executive Search Services (e.g. Content
or Software), in
whole or
part.
RJ Executive Search herein has granted you personal, non-transferable and
non-exclusive
rights
and/or license to make use of the object code or our Software on a single
computer, as long as you
do not, and
shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from,
reverse
engineer, reverse assemble or otherwise make an attempt to locate or discern any
source code, sell,
assign,
sublicense, grant a security interest in and/or otherwise transfer any such
right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form,
and as
such, not to use any modified versions of the Software, including and without
limitation, for the
purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to
access or attempt to
access our
Services through any means other than through the interface which is provided by
RJ Executive Search
for use
in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF RJ Executive Search SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU.
OUR
SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. RJ Executive
Search AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY
AND ALL
WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO ANY IMPLIED
WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b) RJ Executive Search AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) RJ Executive Search SERVICES OR
SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) RJ Executive Search SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE
OR
ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE RJ
Executive Search
SERVICES OR
SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR
OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF
RJ
Executive
Search SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU
SHALL BE
SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION
WITH RESPECT TO ANY
DAMAGE TO
YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT
COULD RESULT
FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY
BE OBTAINED
BY
YOU FROM RJ Executive Search OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL
CREATE ANY WARRANTY
NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE
WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE
USING OUR
SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR
UNDETECTED EPILEPTIC
SYMPTOM IN
USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR
ANYONE IN
YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE
FOLLOWING
SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF
AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT RJ Executive Search AND
OUR
SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY
PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO,
DAMAGES
WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR
OTHER INTANGIBLE LOSSES,
EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR,
AND RESULT
FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR
DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release RJ Executive Search
(and its
officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders,
partners and any other
third
parties) from claims, demands and damages (actual and consequential) of every
kind and nature, known
and
unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or
in any way connected
to such
dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any
such news,
messages,
alerts or other information from our Services concerning companies, stock
quotes, investments or
securities,
please review the above Sections Warranty Disclaimers and Limitations of
Liability again. In
addition, for
this particular type of information, the phrase "Let the investor beware" is
appropriate. RJ
Executive
Search's content is provided primarily for informational purposes, and no
content that shall be
provided or
included in our Services is intended for trading or investing purposes. RJ
Executive Search and our
licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information
transmitted
and/or made available by way of our Services, and shall not be responsible or
liable for any trading
and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR
THE
LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THEREFORE, SOME OF THE
ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT
APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly
provided in this
TOS,
that there shall be no third-party beneficiaries to this agreement.
NOTICE
RJ Executive Search may furnish you with notices, including those with
regards to any
changes
to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings
on our
website Services, or other reasonable means currently known or any which may be
herein after
developed. Any
such notices may not be received if you violate any aspects of the TOS by
accessing our Services in
an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that
you are deemed to
have
received any and all notices that would have been delivered had you accessed our
Services in an
authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the RJ Executive
Search
trademarks,
copyright, trade name, service marks, and other RJ Executive Search logos and
any brand features,
and/or
product and service names are trademarks and as such, are and shall remain the
property of RJ
Executive
Search. You herein agree not to display and/or use in any manner the RJ
Executive Search logo or
marks without
obtaining RJ Executive Search's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
RJ Executive Search will always respect the intellectual property of others,
and we ask
that
all of our users do the same. With regards to appropriate circumstances and at
its sole discretion,
RJ
Executive Search may disable and/or terminate the accounts of any user who
violates our TOS and/or
infringes
the rights of others. If you feel that your work has been duplicated in such a
way that would
constitute
copyright infringement, or if you believe your intellectual property rights have
been otherwise
violated, you
should provide to us the following information:
a) The electronic or the physical signature of the individual that is
authorized on
behalf
of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property
that you
believe has
been infringed upon;
c) A description of the location of the site which you allege has been
infringing
upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of
your work is
not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the
aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual
property
owner, representative or agent authorized to act on the copyright or
intellectual property owner's
behalf.
The RJ Executive Search Agent for notice of claims of copyright or other
intellectual
property
infringement can be contacted as follows:
Mailing Address:
RJ Executive Search
125 South State Road 7
104-444
Wellington, FL 33414
Telephone: (800) 295-7301
Email: [email protected]
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and RJ Executive Search
and shall
govern
the use of our Services, superseding any prior version of this TOS between you
and us with respect
to RJ
Executive Search Services. You may also be subject to additional terms and
conditions that may apply
when you
use or purchase certain other RJ Executive Search Services, affiliate Services,
third-party content
or
third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and RJ Executive Search with regard
to the TOS
that
the relationship between the parties shall be governed by the laws of the state
of California
without regard
to its conflict of law provisions and that any and all claims, causes of action
and/or disputes,
arising out
of or relating to the TOS, or the relationship between you and RJ Executive
Search, shall be filed
within the
courts having jurisdiction within the County of Riverside, California or the
U.S. District Court
located in
said state. You and RJ Executive Search agree to submit to the jurisdiction of
the courts as
previously
mentioned, and agree to waive any and all objections to the exercise of
jurisdiction over the
parties by such
courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should RJ Executive Search fail to exercise or enforce any right
or
provision of
the TOS, such failure shall not constitute a waiver of such right or provision.
If any provision of
this TOS
is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the
court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the
other
provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law
to the
contrary,
any claim or action arising out of or related to the use of our Services or the
TOS must be filed
within 3
year(s) after said claim or cause of action arose or shall be forever
barred.
VIOLATIONS
Please report any and all violations of this TOS to RJ Executive Search as
follows:
Mailing Address:
125 South State Road 7
104-444
Wellington, FL 33414
Telephone: (800) 295-7301
Email: [email protected]
