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Terms of Use
This page states the "Terms and Conditions" under which you may
use FiveChairs.com. Please read this page carefully. If you do not accept the
Terms and Conditions stated here, do not use this web site and service. By
using this web site, you are indicating your acceptance to be bound by the
terms of these Terms and Conditions. FiveChairs, LLC (the "Company") may revise
these Terms and Conditions at any time by updating this posting. You should
visit this page periodically to review the Terms and Conditions, because they
are binding on you. The terms "You" and "User" as used herein refer to all
individuals and/or entities accessing this web site for any reason.
Use of Web Site Content
The Company authorizes You to view and access a single copy of the content
available on or from FiveChairs.com (the "Web Site") solely for your
personal, noncommercial use.
The contents of this Web Site, and of all other websites under the Company's
control, whether partial or otherwise (the website and such other websites
are sometimes collectively referred to as "FiveChairs Sites") such as text,
graphics, images, logos, button icons, software and other Web Site content
(collectively, "Web Site Content"), are protected under both United States
and foreign copyright, trademark and other laws. All Web Site Content is the
property of the Company or its content suppliers or clients. The compilation
(meaning the collection, arrangement and assembly) of all content on this Web
Site is the exclusive property of the Company and protected by U.S. and international
copyright laws. Unauthorized use of the Web Site Content may violate copyright,
trademark, and other laws. You must retain all copyright, trademark, service
mark and other proprietary notices contained in the original Web Site Content
on any copy You make of the Web Site Content. You may not sell or modify the
Web Site Content or reproduce, display, publicly perform, distribute, or otherwise
use the Web Site Content in any way for any public or commercial purpose. The
use of the Web Site Content on any other web site or in a networked computer
environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate
any Web Site Content or the pages making up any FiveChairs Site. It is also
protected by the Company's copyright.
Acceptable Site Use
General Rules: Users may not use any FiveChairs Site in order to transmit,
distribute, store or destroy material, including without limitation Web Site
Content, (a) in violation of any applicable law or regulation, (b) in a manner
that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other personal
rights of others, or (c) that is defamatory, obscene, threatening, abusive
or hateful.
FiveChairs Site Security Rules
Users are prohibited from violating or attempting to violate the security of
any FiveChairs Site, including, without limitation, (a) accessing data not
intended for such user or logging into a server or account which the user
is not authorized to access, (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a
virus to any FiveChairs Site, overloading, "flooding", "spamming", "mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising of
products or services, or (e) forging any TCP/IP packet header or any part
of the header information in any e-mail or newsgroup posting. Violations
of system or network security may result in civil or criminal liability.
The Company will investigate occurrences which may involve such violations
and may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
Specific Prohibited Uses
FiveChairs Sites may be used only for lawful purposes by individuals (talent)
seeking employment and employers (talent seekers) seeking employees or contract
workers. The Company specifically prohibits any use of the Web Site, and all
users agree not to use the Web Site, for any of the following:
- Posting any incomplete, false or inaccurate biographical information or
information which is not your own accurate resumé (living individual seeking
employment on a full-time or part-time basis on his or her own behalf).
- Deleting or revising any material posted by any other person or entity.
- Using
any device, software or routine to interfere or attempt to interfere with
the proper working of any FiveChairs Site or any activity being conducted
on this site.
- Taking any action which imposes an unreasonable or disproportionately
large load on any FiveChairs Site's infrastructure.
- If You have a password allowing access to a non-public area of this Web
Site, disclosing to or sharing your password with any third parties or using
your password for any unauthorized purpose.
- Notwithstanding anything to the contrary contained herein, using or attempting
to use any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents)
to navigate or search any FiveChairs Site other than the search engine available
from the Company on such FiveChairs Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any
of the software comprising or in any way making up a part of any FiveChairs
Site.
- Aggregating, copying or duplicating in any manner any of the Web Site
Content or information available from any FiveChairs Site.
- Framing of or linking to any of the Web Site Content or information available
from any FiveChairs Site.
User Information
When You register for the Web Site, You will be asked to provide the Company
with certain information including, without limitation, a valid email address
(your "Information"). In addition to the terms and conditions that may be set
forth in any privacy policy on this Web Site, You understand and agree that
the Company may disclose to third parties, on an anonymous basis, certain aggregate
information contained in your registration application. The Company will not
disclose to any third party your name, address, e-mail address or telephone
number without your prior consent, except to the extent necessary or appropriate
to comply with applicable laws or in legal proceedings where such information
is relevant. The Company reserves the right to offer third party services and
products to You based on the preferences that You identify in your registration
and at any time thereafter; such offers may be made by the Company or by third
parties. Please see the Company's Privacy Policy for further details regarding
your Information.
FiveChairs does not independently verify the information provided
by candidates or the identity of candidates.
User Submissions
As a user, You are responsible for your own communications and are responsible
for the consequences of their posting. You must not, and by using any FiveChairs
Site You agree not to, do the following things: post material that is copyrighted,
unless You are the copyright owner or have the permission of the copyright
owner to post it; post material that reveals trade secrets, unless You own
them or have the permission of the owner; post material that infringes on any
other intellectual property rights of others or on the privacy or publicity
rights of others; post material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other person or entity;
post a sexually-explicit image or statement; post advertisements or solicitations
of business; impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming
routines or engines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by users or endorse any opinions
expressed by users. You acknowledge that any reliance on material posted by
other users will be at your own risk.
The Company acts as a passive conduit for the online distribution
and publication of user-submitted information and has no obligation to screen
communications or information in advance and is not responsible for screening
or monitoring material posted by users. If notified by a user of communications
which allegedly do not conform to these Terms and Conditions, the Company may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. The Company
has no liability or responsibility to users for performance or nonperformance
of such activities. The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the Terms and Conditions
or the law and the right to remove communications which are abusive, illegal,
or disruptive. The Company may take any action with respect to user-submitted
information that it deems necessary or appropriate in its sole discretion if
it believes it may create liability for the Company or may cause the Company
to lose (in whole or in part) the services of its ISPs or other suppliers.
Any hyperlinks contained in a candidate profile submitted by
Customer will be disabled when such profile is posted on a FiveChairs Site.
We appreciate hearing from our customers and welcome your comments
regarding our services and the FiveChairs Sites. Please be advised, however,
that our policy does not permit us to accept or consider creative ideas, suggestions,
inventions or materials other than those which we have specifically requested.
While we do value your feedback on our services, please be specific in your
comments regarding our services and do not submit creative ideas, inventions,
suggestions, or materials. If, despite our request, You send us creative suggestions,
ideas, drawings, concepts, inventions, or other information (collectively the "Submission"),
the Submission shall be the property of the Company. None of the Submission
shall be subject to any obligation of confidence on our part and we shall not
be liable for any use or disclosure of any Submission. The Company shall own
exclusively all now known or later discovered rights to the Submission and
shall be entitled to unrestricted use of the Submission for any purpose whatsoever,
commercial or otherwise, without compensation to You or any other person who
submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of your information
and password. You shall be responsible for all uses of your registration, whether
or not authorized by You. You agree to immediately notify the Company of any
unauthorized use of your registration or password.
Identification of Agent to Receive Notification and Elements
of Notification of Claimed Copyright Infringement
If You believe that your copyrighted work has been uploaded, posted or copied
to this Web Site and is accessible on this Web Site in a way that constitutes
copyright infringement, please notify us by providing our designated copyright
agent with the following information:
1. The physical or electronic signature of either the copyright
owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work You claim has been
infringed, and a description of the activity that You claim to be infringing;
3. Identification of the URL or other specific location on this
web site where the material or activity You claim to be infringing is located
or is occurring; You must include enough information to allow us to locate
the material or the activity;
4. Your name, address, telephone number and, if You have one,
your e-mail address;
5. A statement by You that You have a good faith belief that
use on the web site of the copyrighted work in the manner You are complaining
of is not authorized by the copyright owner, any agent of the copyright owner,
or the law; and
6. A statement by You, made under penalty of perjury, that the
information You have provided in your notice is accurate and that You are either
the copyright owner or are authorized to act on behalf of the copyright owner.
We have designated Chase Ezell as our agent to receive notices
of claims of copyright infringement on our web site. You can contact Chase
as follows:
By mail:
Chase Ezell
Executive Vice President
FiveChairs, LLC
1616 Westgate Circle
Brentwood, TN 37027
By telephone:
615-595-1774
By e-mail:
termsofuse@FiveChairs.com
Policy Regarding Termination of Users and Account Holders
Who Repeatedly Infringe the Copyright or Other Intellectual Property Rights
of Others
FiveChairs, LLC and FiveChairs.com respect the intellectual property of others,
and we ask our users and account holders to do the same. The unauthorized reproduction,
copying, distribution, modification, public display or public performance of
copyrighted works constitutes infringement of the copyright owners rights.
As a condition to your use of this Web Site, You agree not to use the Web Site
or any other FiveChairs Site to infringe the intellectual property rights of
others in any way. We will terminate candidate profile postings and/or the
accounts of any account holders, and block access to our Web Site and/or the
other FiveChairs Sites of any users, who are repeat infringers of the copyrights,
or other intellectual property rights, of others. We reserve the right to take
these actions at any time, in our sole discretion, with or without notice,
and without any liability to the account holder who is terminated or to the
user whose access is blocked.
The Company's Liability
FiveChairs.com is only a venue. This Web Site acts as a venue for job candidates
(Talent) to post resumés, photos and other information and for Employers (Talent
Seekers) to view this collective information. The Company is not involved in
the actual transaction between employers and candidates – other than
providing the candidate name and contact information to a prospective employer
and collecting the resulting placement fee. As a result, the Company has no
control over the quality, safety or legality of the resumés or candidate profiles
posted, the truth or accuracy of the candidate information, the ability of
employers (Talent Seekers) to offer job opportunities to candidates or the
ability of candidates to fill job openings. In addition, note that there are
risks, including but not limited to the risk of physical harm, of dealing with
strangers, underage persons or people acting under false
pretenses. You assume all risks associated with dealing with other users with
whom You come in contact through the Web Site and/or the other FiveChairs Sites.
Because user authentication on the Internet is difficult, the Company cannot
and does not confirm that each user is who they claim to be. Because we do
not and cannot be involved in user-to-user dealings or control the behavior
of participants on any FiveChairs Site, in the event that You have a dispute
with one or more users, You release the Company (and our agents and employees)
from claims, demands and damages (actual and consequential, direct and indirect)
of every kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes
We are under no legal obligation to, and generally do not, control the information
provided by other users which is made available through the Web Site and/or
the other FiveChairs Sites. By its very nature, other people's information
may be offensive, harmful or inaccurate, and in some cases will be mislabeled
or deceptively labeled. We expect that You will use caution and common sense
when using this Web Site and/or the other FiveChairs Sites.
The Web Site Content may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability, completeness,
or timeliness of any FiveChairs Site or the Web Site Content. The use of FiveChairs
Sites and the Web Site Content is at your own risk. Changes are periodically
made to FiveChairs Sites and may be made at any time.
You acknowledge and agree that You are solely responsible for
the form, content and accuracy of any resumé or material contained therein
placed by You on the FiveChairs Sites. The Company is not to be considered
to be an employer with respect to your use of any FiveChairs Site and the Company
shall not be responsible for any employment decisions.
The company does not warrant that any FiveChairs Site will operate error-free
or that any FiveChairs Site and its server are free of computer viruses or
other harmful mechanism. If your use of any FiveChairs Site results in the
need for servicing or replacing equipment or data, the company is not responsible
for these costs. The FiveChairs Sites and Web Site
are provided on an "as is" basis without any warranties of any
kind. The Company, to the fullest extent permitted by law, disclaims all warranties,
whether express or implied, including the warranty of merchantability, fitness
for particular purpose and non-infringement. The Company makes no warranties
about the accuracy, reliability, completeness, or timeliness of the Web Site
content, services, software, text, graphics, and links.
Disclaimer of Consequential Damages
In no event shall the company, its suppliers, or any third parties mentioned
on any FiveChair Site be liable for any damages whatsoever (including, without
limitation to, incidental and consequential damages, lost profits, or damages
resulting from lost data or business interruption) resulting from the use
or inability to use any FiveChairs Site and the Web Site content, whether
based on warranty, contract, tort, or any other legal theory, and whether
or not the Company is advised of the possibility of such damages.
Links to Other Sites
The Web Site and certain other current or future FiveChairs Sites may contain
links to third party web sites. These links are provided solely as a convenience
to You and not as an endorsement by the Company of the contents on such third-party
Web sites. The Company is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or accuracy
of materials on such third party Web sites. If You decide to access linked
third party Web sites, You do so at your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms
of Use. You also agree not to make any unauthorized commercial use of any FiveChairs
Site.
Limitation of Liability
FiveChairs' maximum liability arising out of or in connection with any
FiveChairs Site or your use of the Web Site content, regardless of the cause
of action (whether in contract, tort, breach of warranty or otherwise), will
not exceed $100.
Termination
The Company reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of your photo, resumé
and/or candidate profile from this Web Site and any other current or future
FiveChairs Sites and immediate termination of your registration with or ability
to access this Web Site and the other FiveChairs Sites and/or any other service
provided to You by the Company, upon any breach by You of these Terms and Conditions
or if the Company is unable to verify or authenticate any information You submit
to the Web Site or other FiveChairs Site registration.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, members, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from (i) any material You provide to a FiveChairs Site,
(ii) any Web Site Content that You use or (iii) your breach of the terms of
these Terms and Conditions. The Company shall provide notice to You promptly
of any such claim, suit, or proceeding and shall assist You, at your expense,
in defending any such claim, suit or proceeding.
General
The Company makes no claims that the Web Site Content may be lawfully viewed
or accessed outside of the United States. Access to the Web Site Content may
not be legal by certain persons or in certain countries. If You access the
Web Site from outside of the United States, You do so at your own risk and
are responsible for compliance with the laws of your jurisdiction. These Terms
and Conditions are governed by the internal substantive laws of the State of
Tennessee, without respect to its conflict of laws and principles. Jurisdiction
for any claims arising under this agreement shall lie exclusively with the
state or federal courts within Nashville, Tennessee. If any provision of these
Terms and Conditions are found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms and Conditions, which shall remain
in full force and effect. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided in additional terms of use for areas of the Web
Site, a particular "Legal Notice," or Talent Terms of Service, Talent Seeker
Terms of Service, Referral Partner Program Terms of Service or material on
particular Web pages, these Terms and Conditions constitute the entire agreement
between You and the Company with respect to the use of the FiveChairs Web Site.
No changes to these Terms and Conditions shall be made except by a revised
posting on this page.
Additional Terms of Use
Certain areas of this Web Site and the other FiveChairs Sites are subject to
additional terms of use. By using such areas, or any part thereof, You agree
to be bound by the additional terms of use applicable to such areas.
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