- Access; Eligibility. Opson hereby grants you permission to use the Opson Sites (as defined below) in compliance with these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You also represent and warrant to Opson that You will use Opson.com in a manner consistent with any and all applicable laws and regulations.
- Use of Opson Content; Intellectual Property Rights. Opson authorizes You to view and access a single copy of the content available on or from Opson.com solely for your personal use. The contents of Opson.com, and of all other websites under Opson’s control, whether partial or otherwise (Opson.com and such other websites are sometimes collectively referred to as “Opson Sites”) such as text, graphics, scripts, sounds, images, logos, button icons, software and other Opson content (collectively, “Opson Content”) and the trademarks, service marks, and logos contained therein (Marks) are protected under both United States and foreign copyright, trademark and other laws. The Opson Content and Marks are owned by or licensed to Opson, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The compilation (meaning the collection, arrangement and assembly) of all content on the Opson Sites is the exclusive property of Opson and is protected by United States and foreign copyright, trademark, and other laws. You agree not to engage in the use, copying, or distribution of any of the Opson Content other than as expressly permitted herein and any unauthorized use of the Opson Content is strictly prohibited. You agree not to circumvent, disable, or otherwise interfere with security related features of the Opson Sites or features that prevent or restrict use of copying of any Opson Content or enforce limitations on use of the Opson Sites or the Opson Content therein. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Opson Content on any authorized copy You make of the Opson Content. You agree not to sell or modify the Opson Content or reproduce, display, publicly perform, distribute, or otherwise use the Opson Content in any way for any public or commercial purpose. You further agree to in no other way misuse Opson Content that appears on this Site. The use of the Opson Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Opson creates to generate or display any Opson Content or the pages making up any Opson Site is also protected by Opson’s copyright and you may not copy or adapt such code.
- Opson Site Restrictions. Users may not use any Opson Site in order to transmit, post, distribute, store or destroy material, including without limitation, Opson 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. Users are also prohibited from violating or attempting to violate the security of any Opson Site, including without limitation, the following activities: (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 Opson Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) attempting to collect or harvest any personally identifiable information of any User, including account names; 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 and/or criminal liability. Opson 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. The job posting, Profiles, and resume database (Opson Database) and other features of Opson.com may be used only for lawful purposes by individuals seeking employment and consulting opportunities and career information and employers seeking employees and consultants. Opson specifically prohibits any other use of Opson.com, and all Users agree not to do any of the following: (a) post jobs or other content that contains links to any site competitive with Opson; (b) post jobs or content on any Opson Site that contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) use any Opson Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Opson Database to sell or promote any products or services; (d) impersonate another person; (e) post or submit to any Opson Site any incomplete, false or inaccurate biographical information or information which is not your own; (f) use Opson.com for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (g) post on any Opson Site any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible); (h) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any Opson Site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any Opson Site’s infrastructure; (k) use or attempt 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 Opson Site other than the search engine and search agents available from Opson on such Opson Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Opson Site; (m) aggregate, copy or duplicate in any manner any of the Opson Content or information available from any Opson Site, without express written consent from Opson; or (n) frame or link to any Opson Content or information available from any Opson Site.
- Account Information. In order to access some features of the Opson Sites, you will have to create an account and provide Opson with certain information including, without limitation, a valid email address (your “Information”). When creating your account, you must provide accurate and complete Information. Information you submit will be used in accordance with Opson’s Privacy Statement. You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from Opson, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists, will be marked as deleted in Opson’s databases and will be removed from any public area of the Opson Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Opson’s web servers. In addition, third parties may retain copies of your Information.
- Third Party Services; Links to Third Party Sites. Opson reserves the right to offer third party services and products to You based on the preferences that You identify in your account and at any time thereafter; such offers may be made by Opson or by third parties. Please see Opson’s Privacy Statement, the terms of which are incorporated herein by reference, for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms, Opson does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through Opson.com or any other Opson Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider. Opson.com and certain other Opson Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Opson of the contents on such third-party Web sites. Opson 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.
- User Content and Submissions. You are solely responsible for your account information, employer account information or job postings, Profile, 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 (“User Content”) that You post on any Opson Site or transmit to other Users. You agree that when submitting User Content or otherwise using any Opson Site that you will not impersonate any person, or submit any materials that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms. By posting User Content on the Opson Site, You automatically grant to Opson and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers). You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content on any Opson Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Opson Site retains any and all rights that may exist in such User Content. Opson acts as a passive medium for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. Opson does not endorse any User Content or any opinion, advice, or recommendation contained therein. Nevertheless, Opson may review and remove any User Content (without prior notice to the User) that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Opson Site. Opson reserves the right to expel Users and prevent their further access to the Opson Sites and/or use of Opson services for violating the Terms or applicable laws, rules or regulations. Opson may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Opson. Opson does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The following is a partial list of User Content that is prohibited on the Opson Sites. The list below is for illustration only and is not a complete list of all prohibited User Content. Content that: is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; harasses, incites harassment or advocates harassment of any group or individual; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; contains restricted or password only access pages, or hidden pages or images; displays or links to pornographic, indecent or sexually explicit material of any kind; provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users. If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Opson may, in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Opson has no liability or responsibility to Users for performance or nonperformance of such activities. If You send us creative suggestions, ideas, drawings, concepts, inventions, or other information regarding the Opson Site (collectively the “Submission”), the Submission shall be the property of Opson. No part of any Submission shall be subject to any obligation of confidentiality on Opson’s part and we shall not be liable for any use or disclosure of any Submission. Opson 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.
- Account; Password. You are responsible for maintaining the confidentiality of your employer account, account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your Opson.com registrations and passwords, whether or not authorized by You. You agree to immediately notify Opson of any unauthorized use of your employer account, account, Profile, or passwords.
- Claimed Copyright or Trademark Infringement. If You are a copyright or trademark owner or an agent thereof and believe that any User Content or other content infringes your copyrighted work or trademark, you may submit notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Opson’s designated Copyright Agent to receive notifications of claimed infringement is: Opson, Inc., email: email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Opson customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
- Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others. Opson, Inc., and all of its affiliated companies do not permit copyright infringing activities or the infringement of intellectual property rights of others on any Opson Site. Opson will remove any Opson Content or User Content if properly notified that such Opson Content and User Content infringes on another’s intellectual property rights. Opson reserves the right to remove Opson Content and User Content without prior notice. Opson will terminate the accounts of any Opson.com Users, and block access to Opson.com and/or the other Opson Sites of any Users who are determined to be repeat infringes of the copyrights, or other intellectual property rights, of others. Opson reserve the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
- Opson’s Liability. Opson.com acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. Opson is not involved in the actual communications and negotiations between employers and candidates. As a result, Opson has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Opson makes no representations about any jobs, resumes or User Content on Opson.com. Opson may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Opson, damage Opson’s brand or public image, or cause Opson to lose (in whole or in part) the services of its ISPs or other suppliers. While Opson reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from Opson.com from time to time, Opson does not assume any obligation to do so and disclaims any liability for failing to take any such action. Opson provides a venue for individuals to network for professional purposes and Opson does not screen or censor the Profiles or User Content on Opson.com. Opson is not involved in the actual negotiations between Opson Users except as the conduit for email communications. As a result, Opson has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on Opson.com and makes no representations about any Profile or User Content on Opson.com. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, 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 Opson.com and/or the other Opson 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 Opson.com and/or the other Opson Sites. Because User authentication on the Internet is difficult, Opson 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 Opson Site, in the event that You have a dispute with one or more Users, You release Opson (and our agents and employees) from claims, demands and damages (actual and consequential and 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. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” The Opson Sites and the Opson Content may contain inaccuracies or typographical errors. Opson makes no representations about the accuracy, reliability, completeness, or timeliness of any Opson Site or the Opson Content. The use of all Opson Sites and the Opson Content is at your own risk. Changes are periodically made to Opson 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 resume or material contained therein placed by You on the Opson Sites. Employers are solely responsible for their postings on Opson Sites. Opson is not to be considered to be an employer with respect to your use of any Opson Site and Opson shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Opson Site. Opson cannot guarantee and does not promise any specific results from use of Opson.com or any Opson Site. No advice or information, whether oral or written, obtained by a User from Opson or through or from Opson.com or any other Opson Site shall create any warranty not expressly stated herein.
- Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE OPSON WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OPSON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OPSON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OPSON SITE. OPSON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OPSON SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OPSON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability. IN NO EVENT SHALL OPSON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR THE QUALITY OF THE SERVICES PROVIDED BY ANY MEMBER HIRED FROM THE OPSON NETWORK, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR FROM THE PROVISION OF SERVICES BY ANY MEMBER HIRED FROM THE OPSON NETWORK, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OPSON WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OPSON SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- Indemnity. You agree to defend, indemnify, and hold harmless Opson, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions, demands, damages, obligations, losses, liabilities, costs, debt, and expenses, including without limitation reasonable legal and accounting fees, alleging or resulting from: (i) your use of and access to the Opson Sites; (ii) your violation of these Terms; (iii) your violation of any third party right, including, without limitation any copyright, property, or privacy right; or (iv) your User Content. Opson shall provide notice to You promptly of any such claim, suit, or proceeding.
- Additional Terms. Certain functions of Opson.com and the other Opson Sites are subject to additional terms. By using such functions areas, or any part thereof, You agree to be bound by such additional terms.
- Term and Termination These Terms will remain in full force and effect while You are a User of Opson.com. Even after You are no longer a User of Opson.com, certain provisions of these Terms will remain in effect, including Sections 2, 9, and 11 through 14, 16 and 17.
- General. You agree that: (i) the Opson Site shall be deemed solely based in California; and (ii) the Opson Site shall be deemed a passive website that does not give rise to personal jurisdiction over Opson, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Opson that arises in whole or in part from the Opson Site shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Opson’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Opson reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Opson Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. These Terms constitute a binding agreement between You and Opson, and is accepted by You upon your use of the Opson Site. With your continued use of the Opson sites you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.