TERMS OF SERVICE
PickYer Knows provided this website and related services subject to your compliance with the terms of service set forth below. Please read the following information carefully. If you do not accept the Terms of Service 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 of Service. The following Terms of Service apply to all visitors to or users of this web site. In the case of any violation of these Terms of Service, PickYer Knows reserves the right to seek all remedies available by law and in equity for such violations. PickYer Knows may revise these Terms of Service at any time by updating this posting. You should visit this page periodically to review the Terms of Service, because they are binding to you.
The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
All pages within this internet site "Site" are the property of PickYer Knows "Company". No portion of the materials on these pages may be reprinted or republished in any form without the express written consent of the company.
You acknowledge that the site could include inaccuracies or errors. Additionally, you acknowledge that unauthorized addition, deletions and alterations could be made by third parties to the site. Although the company attempts to ensure the integrity and the accuracy of the site, it makes no guarantees whatsoever as to the correctness of the site. In the event that an inaccuracy arises, please inform the company so that it can be corrected.
The content of the site, including but not limited to text, graphics, images, videos, sounds, music, logos, button icons, software, individual screen displays, operational characteristics and functionalities, machine readable code (Object Code), human readable code (Source Code), collectively the "Materials", may be protected under the United States international copyright, trademark, intellectual property and other laws. You shall not copy or adapt the materials or other code that the company creates to generate its pages. All materials are property of the company or its content suppliers or clients. The compilation (meaning the collections, arrangement, assembly) of all content on this site is the property of the company and may be protected under United States and international copyright laws.
Unauthorized use of the site and/or materials may violate copyright, trademark, and other laws, and is a breach of these Terms of Services. You may not remove or obscure any copyright, trademark, service mark, or other proprietary notice contained in any materials on any copy you make of such materials. Unless otherwise specified herein, you may not modify, print out, download, republish, distribute, transmit, publicly display, publicly perform, communicate to the public, reproduce, publish, compile, license, create derivative works from, transfer or sell, post or transmit in any form, or by any means, any of the materials, including but not limited to, electronic, mechanical, photocopying, recording, or other means, without the express written permission of the company. The use of any of the materials on any other web site or in a networked computer environment for any purpose is prohibited.
Acceptable Site Use
In connection with your use of the site, you will not;
Post, transmit, distribute, store, upload, or destroy material ( 1 ) in violation of any applicable local, state, national, or international law or regulation, or ( 2 ) in a manner that will infringe the copyright, trademark, trade secret, patent, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others.
Post or transmit any message, information, data, text, software or images, or other materials "Content" that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortuous, otherwise objectionable or that may invade another's right of privacy and publicity.
Impersonate any person or entity, including without limitation a company employee or agent, an authorized user of the company's services, a candidate, a opportunity provider, or otherwise misrepresent your affiliation with any person or entity.
Post or transmit any content that you do not have the right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the postings of an individual other than yourself)
Delete or modify any material posted by any other person or entity not related to you
Print out or otherwise copy or use any personally identifiable information about candidates for any purpose other than in consideration of the candidates.
Communicate, send, or place unsolicited email, phone calls, mailing or other contacts to posting individuals or entities.
Posting any franchise, pyramid scheme, "club-membership", distributorship or sales representative agency arrangement or other business opportunities which requires an up front or periodic payment, pays commission only, (except for postings that make clear that the available job pays commission only and clearly describes the product or service that job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors, or sub-agents.
Register an email address that you do not own or for which you do not have the express permission of the owner to register.
Use the site for any commercial or unlawful research and information gathering purposes.
Modify, adapt, sub-license, translate, sell, reverse engineer, de-compile, or disassemble any portion of the site.
Framing of or linking to any of the site content or information available from the site.
Take any action which imposes an unreasonable or disproportionately large load on any site infrastructure.
Violate or attempt to violate security of the site, including, without limitation.
Accessing data not intended for such user or logging into a server or account that the user is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, posting or transmitting any information or software that contains a virus, worm, trojan horse, time bomb, cancel bot, or other harmful or disruptive or corrupted data or component to the site.
Overloading, continuous posting or repetitive text, "flooding", "spamming", "mail bombing", or "crashing".
Sending unsolicited advertising, promotional materials, email, "junk mail", "chain letters", or any other form of solicitations, or
Forging any TCP/IP packet header or any part of the header information in any email or posting.
Violations of system or network security may result in civil or criminal liability. The company will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such a violation.
You may not incorporate the content into another database, search engine, or networked computer environment of any kind. You may not access the content by means of any automated processes, spiders, bots or similar devices.
While using the site or site related services, you agree to comply with all applicable laws, rules and regulations in connection with the site and site related services. The company has no obligation to monitor the site or site related services. However, you acknowledge and agree that the company has the right to monitor the site and site related services and to disclose any information necessary to operate the site properly to protect itself and its sponsors and customers and to comply with legal obligations or government requests. The company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive, or in violation of these Terms of Service. The company also reserves the right to prohibit any user who, in the company's sole discretion, violates the Terms of Service or other terms of these Terms of Service from using the site and related services. Such prohibitions may occur without notice to the user.
By posting any listing, submitting your postings to the company or by otherwise using the site you grant us the royalty-free, perpetual, irrevocable, non-exclusive license and full right to use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, such listings, postings or other content you post on, or input into, the site "Your Content" in connection with the site.
You also grant to us royalty-free, non exclusive license to access, use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, all postings displayed on your own sites, by means of any automated processes (including spiders, bots and similar data mining devices) used by us or our agents, throughout the term set forth on any order executed by you and accepted by us. Your content, has waived all such rights and has irrevocably granted to you the right to grant the license described above.
Additional Terms of Use
Certain areas of this site may be subject to additional Terms of Service. By using such areas, or any part thereof, you agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such areas conflict with the Terms of Service contained herein, these Terms of Service shall control.
Copyright Infringement Notifications
If you believe that your copyrighted work has been uploaded, posted or copied to this site and is accessible on this 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 owners 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 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 activity ( 4 ) Your name, address, phone number and email address ( 5 ) A statement by you that you have good faith belief that use on the 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 the 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. Send claims to ghanna@pickyerknows.com
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligation under these Terms of Service. You also agree not to make any unauthorized commercial use of the site.
Purchases
If products or services are made available to you at the site, by the company, third parties, other users or visitors, and if you wish the license or make purchases of products or services described on the site, you may be asked by the applicable merchant product/service provider to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to any such merchant or service provider will be accurate, complete and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the Terms of Service of any specific agreement that you enter into with the merchant and/or service provider in connection with the licensing or purchasing of any product or service and do so at your own risk.
Disclaimer of Content
Your communications on the site are your responsibility. We do not review or confirm the accuracy of any content or posting on the site, but we reserve the right to review and reject any information we believe to be contrary to the Terms of Service. We reserve the right to remove any content, deactivate any account, or otherwise terminate access to the site for violation of any of the Terms of Service, or if otherwise compelled by court order. We do not endorse or sponsor in any way the activities, products, services or policies of any person or company which posts information on, or which serves as part of the site. We accept no responsibility for the accuracy or completeness of any content and materials posted.
Links to Other Sites
The site contains links to third party web sites. These links are provided as a convenience to you. The company does not control and is not responsible for the content of third party web sites to which the site may be linked, and does not make any representation regarding the accuracy, copyright compliance, legality or decency of any of the content or other materials on such third party web sites. The company encourages you to exercise discretion while browsing the internet and the site. If you decide to access linked third party web sites, you do so at your own risk.
User Information and Secure Area (Password)
When you register for the site, you will be asked to provide the company with certain information including, without limitation, a valid email address (your "Information"). In additional to these Terms of Service and terms that may be set forth in any Privacy Policy on this 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, email address or phone 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. Use of any password protected area of the site is restricted to the individual who has been given permission and a password to enter such areas (the "Authorized Party"). The password cannot be distributed to others, and the authorized party is responsible for any and all damages to the company resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an authorized party, such authorized party must request permission from the company in writing or purchase the appropriate service package, it being understood that the company shall be under no obligation to approve any such request. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the company or any unauthorized use of your registration or password.
User Submissions
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 of Service, that company may investigate the allegations and determine in good faith and in its sole discretion whether to remove or request removal of the communication. The company has no liability or responsibility to users for performance or nonperformance of such activities. You are solely responsible for the form and accuracy of any content or other communications you upload, post or send to or through the site. You acknowledge and agree that by submitting any resource, link, information, message, content or other materials to the company, you grant to the company nonexclusive, royalty free, irrevocable, worldwide license to link to, reproduce, distribute, adapt, perform, display, sub license and prepare derivative works based upon the submitted content. Further, by submitting content to the company, you acknowledge that you have the authority to grant such rights to the company.
Disclaimer of Consequential Damages
In no event shall the company, its suppliers, or any third parties mentioned on the site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site and the material, 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.
Modifications
The company (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the site. The company may discontinue or revise any or all aspects of the site in its sole discretion and without prior notice. The company also reserves the right to change the terms, conditions, and notices under which the site is offered at any time. Modification of this contract will be deemed effective upon publication on the site with respect to any users actions, communications or transactions occurring after said date. It is your responsibility to check these Terms of Service before each use of the site.
Termination
The company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to the deletion of your information from this site and immediate termination and/or suspension of your registration with or ability to access the site and other service provided to you by the company, upon any breach by you of these Terms of Service or if the company is unable to verify or authenticate any information you submit to the site registration with or ability to access the site, at any time for any reason, with or without consent.
Indemnity of Liability
Under no circumstances, including but not limited to, negligence, will we (or any of our directors, employees, agents, vendors or suppliers) be liable for any lost profits, lost wages, or any indirect, special, punitive, exemplary, consequential, or incidental damages including, without limitation, costs of replacement goods, loss or damage to data, which result from the use of, or the inability to use, the site or services, even if the company has been advised of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any third party site or any user of the site. We are not responsible for the use of, or the failure to maintain confidentiality of, the content by anyone other than us. The aggregate liability of the company to you for all claims arising from all circumstances is limited to ( 1 ) The amount of fees you paid to us in the 12 months prior to the action giving rise to the liability, or ( 2 ) one hundred dollars
The Company's Liability
The company does not warrant or guarantee that a posting will be viewed by any specific number of users, or that it will be viewed by any user. The company is not to be considered to be an employer etc.. with respect to your use of the site and the company shall not be responsible for any decisions, for whatever reason made, by any entity posting or user posting on the site. The company is only a venue. The company does not screen or censor profiles or other information. The company is not involved in the actual transaction between site users, companies and their vendors or candidates. As a result, the company has no control over the quality, safety or legality of the postings, the truth or accuracy of the listings, the ability of companies to offer these listings or the ability of candidates pretenses. You assume all associated risks when dealing with other users with whom you come in contact with through the site. Because user authentication on the internet is difficult, the company cannot and does not confirm that each user is who they claim to be. The materials and content may contain inaccuracies or typographical errors. The company makes no representation about the accuracy, reliability, completeness, or timelines of the site or the content and materials. Your use of the site and the content and materials is at your own risk. The company does not warrant that the site will operate error free, that mistakes will be corrected, or that the site and its server are free of computer viruses or other harmful mechanisms. If your use of the site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs. The site, the materials, the contents, products and services, 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 expressed 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 site, the materials, content, services, products and any links.
Miscellaneous
This agreement is entered into in the State of Pennsylvania and shall be governed by and construed in accordance with the laws of the State of Pennsylvania, exclusive of its choice of law rules. Each party to this agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Westmoreland in the State of Pennsylvania and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the provisions of this agreement shall be held by a court or other tribunal or competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary deemed a waiver or relinquishment of any similar right or power at any subsequent time. This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. The company may, ( 1 ) Change the terms of this agreement. ( 2 ) Change the site, including eliminating or discontinuing any content or feature of the site, restricting the hours of availability or limiting the amount of use permitted, or ( 3 ) Change any fees or charges for use of the site, including instituting new or increased fees or charges for the use of the site or any other site related service and/or product or any feature thereof, by sending notice to you via email (at the most current email address for you in the company's records fourteen/14 days in advance of the date on which such modification takes effect or by posting notice of such modification on a page of the site entitled "Legal Notices" or "Legal Information" at least fourteen/14 days before the modification takes effect. The company reserves the right in its sole discretion to terminate the use of the site by a user at any time. If you use the site after the company has notified you of a change in the agreement, you agree to be bound by all of the changes. You are expected to review the company's Terms of Service periodically to ensure familiarity with the most current versions.
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Heading
The section headings appearing in this agreement do not constitute any part of this agreement and shall not be considered in its interpretation
Entire Agreement
The Terms of Service, including our Privacy Policy and, as applicable, other site, product or service related forms, constitute the entire agreement between the company and its users. The Terms of Service do not constitute any partnership, joint venture, or other relationship other than as expressly stated herein. No prior agreements, discussions or understandings, whether oral or written, including, without limitation, past versions of these Terms of Services, will be binding upon us. The site may be used only for lawful and proper purposes. Provided that you otherwise fully comply with the provisions of these Terms of Service, the company authorizes you to view, download, from outside the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time. No waiver of any term of these Terms of Service shall be deemed a continuing waiver of such terms or any other term. Except as expressly provided in additional terms of use for areas of the site, with a particular "Legal Notice", or software license. These Terms of Service constitute the entire agreement between you and the company with respect to your use of the site and the materials. No changes to these Terms of Service shall be made, except by a revised posting on this page.