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Terms of Use

August 1, 1999
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Terms of Use of the Site.

Copyright and Trademark Notices

Contents of this Web site are Copyright © 1992-2002 Crain Communications Inc., 1155 Gratiot Ave., Detroit, MI 48207-2997, U.S.A. or third party content providers and are protected by international copyright law. All rights reserved. Workforce, Workforce Online, Workforce Tools, and other names of Workforce products referenced herein are trademarks or registered trademarks of Crain Communications Inc.

This Web site is for the User's personal, noncommercial use. If you download or print any material, you must keep all copyright and other notices intact. The source of the information must also be kept intact. The right to use it is not transferable to any other person or entity. User is responsible for all use of User's account (under any screen name or password) and for ensuring that all use of this Web site through User's account complies fully with the provisions of this Agreement. User may not reproduce, modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, or other content, software, products or services obtained from this Web site. This prohibition includes reproducing content on another Web site or digital medium.

Terms and Conditions

Acceptance of Terms of Use

Workforce is provided by Crain Communications Inc. Although portions of the Site may be viewed simply by visiting the Site, in order to access some portions of it and/or receive additional services you need to sign on as a member. If you register as a member, these Terms will govern your use of the Site and any services provided for by Workforce. You are agreeing to be bound by these terms of use. These terms may be modified from time to time. Workforce shall not be liable to you for any breach of these Terms. If you do not agree to these Terms, please do not join. Please check various membership areas before using them to determine whether a change has been made to these Terms. If you do not agree to these changes in the Terms as they may occur, please arrange to terminate your membership immediately. Your continued use will signify your acceptance of any change in the terms and conditions set forth herein.

From time to time, Workforce may supplement these Terms with additional terms pertaining to specific content or events. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.


Membership Information


When you join Workforce, you will be required to provide information such as your name, email address, zip code, gender, age, password, and other information. In addition, you may choose to provide additional information, such as the size of your company or industry.

Workforce will not sell to any third party your name, address, email address and member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Workforce allows access to database information by third-parties providing technical services, such as e-mail, but only to the extent necessary to provide you with those services. In those instances, the third-party is bound by these terms. Your informed consent shall be in the form of an "opt out" or similar policy. You understand and agree that Workforce may disclose to third parties demographic information such as your zip code, industry or gender, but only in the form of aggregated information.

Workforce reserves the right to offer you third party services and products based on the preferences that you identify at various times you visit the site or indicate through e-mails or otherwise. We reserve the right to terminate your membership at any time if we learn you have provided false or misleading registration information, or violate any other Terms listed throughout this document, such as--but not limited to--posting inappropriate material.

Modifications of these Terms of Service and to Workforce

Workforce may modify these Terms of Service from time to time in its sole discretion. Each time you log on, you will be deemed to have accepted any such changes.
Also, Workforce may modify or discontinue its Web site, e-mails, or other services with or without notice to you and without liability to you or any third party.

Third Party Services

You may order services or merchandise through Workforce, Workforce Tools, or from other persons not affiliated with Workforce. All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. We makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Workforce nor will Workforce be construed as a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

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 Workforce of any unauthorized use of your registration or password.

Warranties

Workforce makes no warranty that Workforce products, including the site, e-mail newsletters, or other material will meet your requirements, or that Workforce will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of Workforce products. Workforce will not be liable for any direct, consequential or incidental damages, whether forseeable or not, which may result from the unavailability or malfunction of Workforce.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Workforce is at your own discretion and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

You understand and agree that Workforce does not guarantee the accuracy or completeness of any information in or provided in connection with the site, e-mails, or other products. Workforce is not responsible for any errors or omissions or for the results obtained from the use of such information. Workforce is not responsible for any damage or less caused or alleged to be caused by Workforce information.


Limitation of Liability

Workforce shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the site or other products, or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through Workforce or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Workforce has been advised of the possibility of such damages.

Promotional Messages

Workforce and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Workforce makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Workforce nor such third party shall have any liability with respect thereto.

Indemnification

You agree to indemnify and hold Workforce, affiliates, officers and employees, writers, consultants, and others harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site, the violation of these Terms by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. This indemnification includes any human resources and/or legal information you may receive from the site.


Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions.

Should any controversy arise from use of this Web site, you agree to submit to the exclusive personal jurisdiction and venue of the courts located only in the County of Orange, California. You further agree that any such legal action brought by you must be instituted within six (6) months time of arising, or forever waived and barred. The language of these terms of use shall be interpreted as to its fair meaning and not strictly for or against any party.

In the event that any provision of the Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms or to exercise any right under the Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Workforce may assign its rights and obligations under these Terms and upon such assignment Workforce may be relieved of any further obligation hereunder.

You represent to Workforce that you have the authority to register with Workforce according to these Terms of Service.

These Terms and any Additional Terms (as such terms shall be identified when posted on) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms will, at the election of Workforce, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms will remain valid and enforceable.

Workforce reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.

Notices on Privacy and also on "Community" areas

Workforce has created this privacy statement in order to demonstrate our firm commitment to privacy. It is our policy to use our best efforts to respect the privacy of its on-line visitors.

We use "cookies" to allow you easy and quick access to the site, and reserve the right to use cookies to keep track of other information, such as the type of browser you use, in order to send you the highest quality e-mail and maximize your online experience.

We use an outside ad company to display ads on our site. These ads may contain cookies. While we use cookies in other parts of our Web site, our ad company collects cookies received with banner ads, and we do not have access to this information.

By submitting messages, posting a public profile, or putting other information online, you are granting Workforce the license to reproduce, edit, modify, publish, transmit and display such information and material, in print, online, or through other means. You are also at risk of having other people find your posts on the Internet or your profile and e-mailing or contacting you.

Workforce does not control or regularly review the messages, information or files delivered to the bulletin boards, forums, discussions, chats, profiles, and other sections of the Community area (heretoafter referred to as "Community").

It is a condition of your use of the Community and this Web site that you do not post, distribute or transmit any messages, information or materials which violate or infringe in any way the rights of others, or which are libelous, defamatory, obscene, pornographic, threatening, abusive, unlawful, or would otherwise violate any law, or encourage such conduct, or which, without Workforce's express prior consent, contains any advertising or commercial solicitation; post or transmit any material that contains a virus or other harmful component; or restrict or inhibit anyone from using the community features.

Workforce has the right to contact your Internet Service Provider, your employer, and/or other relevant parties and notify them of any posts, profiles, or other objectionable material you post.

Workforce has no responsibility for the content of any messages, information or materials uploaded, posted, distributed, or transmitted by users of this site. However, Workforce does retain the right, but not the obligation, to monitor, review, edit, delete or refuse to post any third-party content, profiles, posts, or other material Workforce deems objectionable or in violation of these Terms and Conditions.

User agrees to hold harmless Workforce and all officers, directors, employees, contributing writers, editors, consultants, and representatives from and against all claims and expenses, including attorney's fees, arising out of any messages, information or materials uploaded, posted, distributed, or transmitted to or through this site by you.

User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by Workforce and applicable law.

Legal tips, legal forum postings and other human resources and legal information throughout Workforce Online and other Workforce products should be construed as information on the topic covered, not as legal advice or a legal opinion. Workforce is not responsible for such information.

Links and Other References to Outside Information

Workforce provides links and other references to information at other Web sites, other organizations, and other third-parties. This is a service that is continually under development. While we try to keep the information timely and accurate, we make no guarantees. We will make an effort to correct errors brought to our attention.

We do not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of pointers to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse any views expressed or products or services offered by the author of the reference or the organization operating the server on which the reference is maintained.

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