Terms and Conditions for Use of Azteria.com
The use of this website (the "Site") owned and operated by Azteria, LLC, a California limited liability company ("Azteria", "we", "us", "our"), is governed by the policies, terms and conditions of use as set forth more fully below (the "Terms"). Please read these Terms carefully as your use of this Site, including your submittal of any personal information to us, indicates your acceptance of these Terms. If you do not agree to these Terms, please discontinue your use of the Site. We reserve the right to make changes to this Site and these Terms at any time, and also reserve all rights not expressly granted to you below.
2. License to Use
The Site is intended for individuals seeking career development information and/or employment ("Candidates"), and for employers or recruiters seeking to prepare and present employment opportunities to candidates ("Employers"). We hereby grant you a limited, terminable, non-exclusive, non-assignable and non-transferable right on the Terms set forth herein to access and use the Site only for the intended use(s) relevant to you. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained on the Site, including any software, products, or services obtained from or made available through the Site.
3. Registered Users
One or more portions of this Site may be accessible only through prior registration as a registered user. Registration requires you to provide us with a valid email address, select a unique member identification ("ID") and a password, and provide us with various other information. By registering, you agree not to: (1) use a member ID already in use by another user, and (2) use a member ID that Azteria, in its sole discretion, finds offensive or inappropriate. It is your sole responsibility to keep your password confidential and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Azteria 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. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form, (b) maintain and promptly update your registration information to keep it true, accurate, current and complete and you agree that (c) you are solely responsible for the content of any information or documentation that you provide to Azteria and any consequences arising from such posting. If you provide any information that is untrue, inaccurate, not current or incomplete, or Azteria has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Azteria has the right to suspend or terminate your account and refuse any and all of your current or future use of our services or the Site (or any portion thereof).
4. Prohibited Activities and Conditions of Use
Notwithstanding anything to the contrary, you promise that you will not: remove any proprietary notices from this Site; cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of Azteria; use this Site for any commercial purpose or the benefit of any third party or any manner not permitted by the license granted herein; use the Site to, or in any way that would, violate any applicable law, regulation or ordinance; use the Site for fraudulent purposes; attempt to decompile, reverse engineer, disassemble or hack this Site or to defeat or overcome any encryption and/or digital rights management technology implemented by Azteria with respect to this Site, and/or data transmitted, processed or stored by Azteria; take any steps to interfere with or in any manner compromise any of Azteria's security measures or interfere with or disrupt the Site and/or the servers or networks connected to the Site; obstruct or otherwise interfere with the normal performance of another person's use of the Site; violate the rights of another individual or entity, including but not limited to intellectual property rights; upload, post, transmit, or display content that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right; upload, post, transmit, or display unsolicited advertisements, promotional materials, "spam", "junk mail", "chain letters", and "pyramid schemes"; impersonate any person or entity, including, but not limited to, an Azteria official, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Site; upload, post, transmit, or display any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, transmit, or display 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; allow usage by others in such a way as to violate these Terms or any other policies adopted by Azteria from time to time; sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of a third party website or service; or do anything that violates these Terms in any other way.
5. Intellectual Property Rights
All rights, title and interest in the Site is the sole property of Azteria and/or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms, Azteria reserves all other rights, title and interest. You may not reproduce, modify, display, sell, or distribute any part of the Site or its contents or use them in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate web pages on the Site. "Azteria," the Azteria design logo, azteria.com and certain other names or logos are service marks or trademarks of Azteria, LLC., and all related product and service names, design marks and slogans are the service marks or trademarks of Azteria, LLC. In addition, the "look and feel" of the Site including but not limited to color combinations, button shapes, layout, design and all other graphic elements is also protected by Azteria's trademarks, service marks and copyrights. All other product and service marks are the trademarks of their respective owners. When you post reviews, opinion or numeric information you grant Azteria and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
6. Risk and Responsibility and Disclaimer of Warranties
You are using Azteria at your own risk. You waive any right to remedy in the event that you rely on Azteria to your detriment. You agree to accept liability for any information that you provide (or omit) to Azteria that subsequently causes damage to any party whether or not party to these Terms. Azteria acts as a distributor and conduit for the materials provided by its users and as such Azteria assumes no responsibility for information provided (or omitted) to Azteria by any party, including but not limited to documents, registrations, work history, skills profiles and licensure information. Azteria has no obligation to check, inspect or screen any material, and has no liability or responsibility for performance or nonperformance of screening duties. If the validity of material provided to Azteria is questioned, Azteria may at its own discretion remove or modify such material in good faith, and you hereby agree to hold Azteria free from liability for the result of any such modifications. Under no circumstances will Azteria accept responsibility for employment decisions made by you, any prospective employer, or any other person. Azteria makes no claims that the Site is suitable for use outside the United States and in some situations use outside the United States may not be legal. Under such circumstances, do not use the Site. Violation of any of our rules, policies, intended or acceptable use(s) may result in civil or criminal liability. We may investigate any violations, and cooperate with, law enforcement authorities in prosecuting anybody who is involved in such violations. NOTWITSTANDING THE FOREGOING, THIS SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY AZTERIA OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, AZTERIA DOES NOT WARRANT THAT THIS SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
7. Limitation of Liability
IN NO EVENT SHALL AZTERIA BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE INABILITY TO USE THE SITE, OR SITES ACCESSED THROUGH THIS SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) EVEN IF AZTERIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR USER ACCOUNT AND DISCONTINUE ANY USE OF THIS SITE. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
8. Links to Third Party Sites
The links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Azteria in any manner whatsoever. Therefore, Azteria is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Azteria is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Azteria of any linked site and/or any of its content therein.
9. Linking to our Site
We welcome links from a third party site to our home page, through a plain text link, provided that you discontinue providing a link to Azteria if so requested by Azteria; you do not imply in any fashion that Azteria is endorsing any of your products or service or is affiliated with you; you do not present Azteria in a false light, or provide misleading or false information about Azteria, or its Site or services, you do not remove or obscure the copyright notices, or other notices on this Site; and you do not use any mark of Azteria. Linking to any other page of our Site aside from our home page is strictly prohibited.
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Azteria's trademarks, logos or other proprietary information, the content of any text, or the layout and design of any page (or form contained on a page) without our express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing an Azteria name, trademark, URL, or product name without our express written consent.
11. Supplemental Agreements
If you are an employer or recruiter using Azteria, you may have entered into a Service Agreement with Azteria, in which case these Terms are a part of that Service Agreement except where they are explicitly referenced in and modified by your Service Agreement.
The license for use of this Site is effective until terminated. This license will terminate as set forth elsewhere within these Terms. In addition, you agree that Azteria, in its sole discretion, may terminate your password, and/or user account, and remove and discard any of your information which you have provided that is stored in our databases for any reason, including, without limitation, lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms at any point during the Term. Azteria also reserves the right to change, suspend, remove, or disable access to all or any part of the Site at any time without notice. In no event will Azteria be liable for the removal of or disabling of access to any part of the Site. You agree that any termination of your access to this Site or any portion thereof under any provision of these Terms may be affected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any information you have provided to us, as applicable, including resumes and other such information. We reserve the right to bar any further access to such information and this Site. You agree that we shall not be liable to you or any third-party for any termination of your access to this Site. Sections 5, 6, 7, 12, 13, 14 and 16 of these Terms shall survive any termination or expiration of the license for the use of this Site. If at any time during the course of the Term you should terminate a Service Agreement with Azteria, Azteria reserves the right to receive all payments from you for the services used by you for the whole of the Service Agreement.
13. Your Representations and Warranties
You represent and warrant that: you possess the legal right and ability to enter into these Terms and to comply with these Terms; you will use this Site for lawful purposes only and in accordance with these Terms and all applicable laws, regulations and policies; you will only use this Site on a computer on which such use is authorized by the computer's owner.
You agree, at your own expense, to indemnify, defend, and hold harmless Azteria, its employees, agents, and representatives against any claim, suit, action, or administrative proceeding brought against Azteria, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to any information that you provide to us, your use of the Site, or your violation of these Terms. Without limiting the generality of the foregoing, the indemnification agreement hereunder extends to, among other things, any claim, suit, action, or administrative proceeding arising out of: (1) your use or misuse of the Site; (2) access or use of the Site by someone else using your computer or ID; and (3) a violation of these Terms or any policy or guidelines referenced herein by you or anyone using your computer or ID. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding. Azteria shall use reasonable efforts to provide you prompt notice of any such claim, suit, action or administrative proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
15. Disclosures for Violations of Law
Azteria may be required to disclose information as required by applicable law, and you expressly authorize us to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
We reserve all rights not expressly granted herein. We may modify these Terms at any time by posting revised Terms on this Site. Your continued use of this Site and the services we offer shall constitute your acceptance of such revised Terms. You may not assign any rights granted to you hereunder. Nothing in these Terms shall constitute a partnership or joint venture between you and Azteria. The failure of Azteria at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to these Terms against or relating to Azteria or any Indemnified Party under these Terms will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California, and you irrevocably consent to the jurisdiction of such courts. These Terms and any agreements included or referred to in these Terms constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
18. Contact Information
This Site is owned and operated by Azteria, LLC. Our corporate offices are located at: 1862 Hartford Ave. Bend, OR 97701 If you have any questions concerning this Site or its policies, please contact us at faster@Azteria.com.