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OneTalentSource
TERMS & CONDITIONS
Welcome to OneTalentSource website (the "Website"). By using and/or accessing the Website, you are agreeing to comply with and be bound by the following Terms and Conditions (the "Agreement"). This Agreement is inclusive of any operating rules, official rules, policies, price schedules and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of this Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.
ACCEPTANCE OF AGREEMENT:
You agree to the terms and conditions outlined in this Agreement with respect to your use of the Website. This Agreement constitutes the entire and only agreement between you and OneTalentSource with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website. By your continued use of the Website, you hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
PROPRIETARY RIGHTS:
Users that submit information, photographs and/or other materials ("Content") to the Website warrant that they have all of the rights and authority necessary to submit the Content, including the right to publish the Content. The content (other than that which is submitted to the Website by users), organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website or Promotions is strictly prohibited. You do not acquire ownership rights, other than those rights that you may already have, to any content, document, software, services or other materials viewed at or through the Website. The posting of information or material at the Website by OTS does not constitute a waiver of any right in such information and materials.
EDITING, DELETION & MODIFICATION:
We reserve the right in our sole discretion to reject any Content submitted to the Website. No inappropriate, indecent or obscene photographs may be submitted to the Website for display. OneTalentSource reserves the right to prohibit any conduct by registered advertiser or to remove any photographs,Banners and/or materials submitted by registered, advertiser users to the Website that OneTalentSource deems, in its sole and absolute discretion, to be in violation of the Agreement or which OTS believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose OneTalentSource to harm, damage to reputation or liability. Notwithstanding the foregoing, please be advised that OneTalentSource is not a publisher of the Content submitted by registered users; it is merely providing a forum for the display of the Content and, therefore, expressly disclaims any and all liability associated with the display of any content submitted by registered advertiser users of the Website.
INDEMNIFICATION:
You agree to release, indemnify and hold OneTalentSource, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Promotions and/or the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of OneTalentSource, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES:
THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, OneTalentSource MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS: THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OneTalentSource WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OneTalentSource OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OneTalentSource SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU EXPRESSLY UNDERSTAND AND AGREE THAT OneTalentSource SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE ANY OTS PRODUCT AND/OR SERVICE THAT MAY BE OFFERED VIA THE WEBSITE; (B) ANY MATTER RELATING TO ANY PROMOTIONS THAT MAY BE AVAILABLE VIA THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; OR (E) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES THAT MAY BE MADE AVAILABLE ON THE WEBSITE AND/OR THE WEBSITE ITSELF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE OneTalentSource, AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF OneTalentSource TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR ANY OneTalentSource PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE OneTalentSource FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OneTalentSource. THE WEBSITE AND/OR THE PROMOTIONS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
THIRD-PARTY WEBSITES:
The Website may provide, third parties may provide and/or refer you to, links to other Internet websites and/or resources. Because OneTalentSource has no control over such third party websites and/or resources, you hereby acknowledge and agree that OneTalentSource is not responsible for the availability of such third party websites and/or resources. Furthermore, OneTalentSource does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
LEGAL WARNING:
Any attempt by any individual, whether or not a OneTalentSource registered user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website or any Promotion, is a violation of criminal and civil law and OTS will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
MISCELLANEOUS:
This Agreement shall be treated as though it were executed and performed in Texas and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to its conflict of law principles). You agree that any and all actions, proceedings and/or disputes between the parties, irrespective of place of execution or performance, shall be instituted and resolved in the State and federal courts located in the County of Fort Bend, Texas. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and OneTalentSource and governs your use of the Website, superseding any and all prior and/or contemporaneous agreements between you and OneTalentSource. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. However, with respect to any Promotions available at the Website, to the extent that anything in this Agreement is inconsistent with the Official Rules, the Official Rules shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
CUSTOMER SERVICE:
If you have any questions, please email OneTalentSource@aol.com
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