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Terms And
Conditions
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OLDFASHIONEDFAMILY.COM TERMS OF USE
This page states
the "Terms of Use" under which You may use OldFashionedFamily.com, an
on-line service to post and search employment opportunities and user resumes, and associated
services and advertising ("OldFashionedFamily.com" or "Web Site").
These Terms of Use include the Old Fashioned Family Privacy Statement, which is
incorporated into these Terms of Use by reference. By using OldFashionedFamily.com, You are
indicating your agreement to these Terms of Use, including the Old Fashioned Family Privacy
Statement. Please read this page carefully. If You do not accept the Terms of Use stated
here, do not use the Web Site and the services. By using OldFashionedFamily.com, You are
indicating your acceptance to be bound by the provisions of these Terms of Use. Old
Fashioned Family, LLC ("Old Fashioned Family" or the "Company") may
revise these Terms of Use at any time by updating this posting. You should visit this page
periodically to review the Terms of Use, 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.
1.Eligibility.
You must be 13 years of age or older to visit or use OldFashionedFamily.com in any manner,
and by visiting OldFashionedFamily.com or accepting these Terms of Use; if You are 13 or
older but under the age of 18, please get Your parents' permission before continuing to
use the Web Site. You also represent and warrant to the Company that You will use
OldFashionedFamily.com in a manner consistent with any and all applicable laws and
regulations. Notwithstanding the foregoing, the Company reserves the right, in its sole
discretion, to deny access to the Web Site by any User or to modify, suspend or terminate
any User's access to or use of the Web Site at any time, for any reason or for no
reason, without notice.
2. Nature of Services Offered.
OldFashionedFamily.com is a venue for those seeking to learn about childcare services,
opportunities and other information in the markets in which we operate, and as a forum for
those seeking to employ, and those seeking employment as, childcare specialists. This latter
function is offered as a free service to the Web Site's Users, and the Company does not
charge nor accept a fee for facilitating contact between potential employers and potential
employees, nor does it represent that it can procure employment for those seeking work nor
employees to those seeking to hire childcare specialists, nor that any employment will
result from the use of this Web Site. Consequently, the Company is not, and is not
registered as, an 'employment agency' in any jurisdiction.
3. Use
of Old Fashioned Family Content.
The Company authorizes You to view and access
a single copy of the content available on or from the Web Site solely for your personal use.
The contents of OldFashionedFamily.com, such as text, graphics, images, logos, button icons,
software and other Old Fashioned Family Content (collectively, "Old Fashioned Family
Content"), are protected under both United States and foreign copyright, trademark and
other laws. All Old Fashioned Family 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 the Web Site is the exclusive property of the Company and protected by U.S.
and international copyright laws, and unauthorized use of the Old Fashioned Family Content
may violate copyright, trademark, and other laws.
4. Old Fashioned
Family Site Restrictions.
Users may not use the Web Site in order to transmit,
distribute, store or destroy material, including without limitation Old Fashioned Family
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 the Web Site, including, without limitation the following activities:
(i) accessing data not intended for such user or logging into a server or
account which the user is not authorized to access;
(ii) attempting to probe,
scan or test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
(iii) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing" or
"crashing"; or
(iv) 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.
5. Specific Prohibited Uses.
The job posting and
resume database features of the Web Site may be used only for lawful purposes by individuals
seeking employment and career information and employers seeking employees. The Company
specifically prohibits any other use of the Web Site, and all Users agree not to do any of
the following:
(a) post content on the Web Site for any competitor of the
Company, or that contains links to any site competitive with Old Fashioned Family, or
that contains any hyperlinks, "hidden" keywords or any keywords that are
irrelevant are otherwise misleading;
(b) use or link to the Web Site by
Users who are third-party recruiters or charge a fee for access to this Web Site or for
access to any information gathered in this Web Site (including, but not limited to, Users
who are employment clearing houses, employment placement/outplacement agencies, search
firms, headhunters, temporary worker agencies, or employment consultants);
(c)
use the Old Fashioned Family Site Resume Database for any purpose other than as an employer
seeking employees, including but not limited to using the information in the Resume Database
to sell or promote any products or services;
(d) post or submit to the Web Site
any incomplete, false or inaccurate biographical information or information which is not
your own;
(e) send unsolicited mail or e-mail, making unsolicited phone calls or
send unsolicited faxes regarding promotions and/or advertising of products or services to a
user of the Web Site;
(f) delete or revise any material posted by any other
person or entity;
(g) take any action that imposes an unreasonable or
disproportionately large load on the Web Site's infrastructure;
(h)
notwithstanding anything to the contrary contained herein, 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 the Web Site other
than the search engine and search agents available from the Company on the Web Site and
other than generally available third party web browsers;
(i) attempt to
decipher, decompile, disassemble or reverse engineer any of the software comprising or in
any way making up a part of the Web Site;
(j) aggregate, copy or duplicate in
any manner any of the Old Fashioned Family Content or information available from the Web
Site; or
(k) frame or link to any of the Old Fashioned Family Content or
information available from the Web Site.
6. Registration
Information.
Certain areas of the Web Site can only be accessed by registered
users who have obtained a valid password from the Company. When You register with the Web
Site, You will be asked to provide the Company with certain information including, without
limitation, a valid e-mail address (your "Information"). You agree to comply with
the procedures specified by the Company from time to time regarding obtaining and updating
passwords for the Web Site and services. You agree to assume sole responsibility for the
security of passwords issued to you. Passwords are subject to cancellation or suspension by
the Company at any time, including upon the misuse of any and the reissuance or reactivation
of passwords. You agree to ensure that you will use your best efforts to prevent any third
party from obtaining your password, and you shall inform the Company immediately in writing
of any actual or potential unauthorized access to a password or to the Web Site and/or
services. In addition to the Terms of Use and any privacy policy applicable to the 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. If you have so
specified in the preferences you indicated at the time of registration or thereafter, the
Company may offer additional services and products to You or allow third parties to make
such offers. Please see the Company's Privacy Statement for further details regarding
your Information. Without limiting any of the other disclaimers of warranty set forth in
these Terms of Use, Old Fashioned Family does not provide or make any representation as to
the quality or nature of any of the third party products or services purchased through the
Web Site, or any other representation, warranty or guaranty. Any such undertaking,
representation, warranty or guaranty would be furnished solely by the provider of the
applicable product or service, under the terms agreed to by the provider. If you cancel your
Old Fashioned Family account, all your account information will be removed from Old
Fashioned Family and Old Fashioned Family's databases and cannot be retrieved once
deleted.
7. User Content and Submissions.
You are solely
responsible for your Old Fashioned Family Account information, content, messages or other
information ("User Content") that You submit, publish or display (hereinafter,
"post") on the Web Site or transmit to other Users. By posting User Content to the
Web Site, You automatically grant, and You represent and warrant that You have the right to
grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute such User Content and to prepare
derivative works of, or incorporate into other works, such User Content, and to grant and
authorize sublicenses thereof. By posting User Content to any public or non-public area of
the Web Site, including message boards, forums, contests and chat rooms, You grant the
Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform and display the User
Content (in whole or in part) worldwide and/or to incorporate it in 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. You also warrant that the holder of any 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. 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 the Web Site retains any and all rights that may exist
in such User Content. The Company acts as a passive conduit for the online distribution and
publication of User Content and has no obligation to screen communications or information in
advance and is not responsible for screening or monitoring User Content posted by Users.
However, the Company may review and delete any User Content that, in the sole judgment of
the Company, violates these Terms of Use, violates applicable law, rule or regulation, is
offensive or illegal or violates the rights of, harms or threatens the safety of Users of
the Web Site. The Company reserves the right to expel Users and prevent their further access
to the Web Site for violating the Terms of Use or applicable law, rule or regulation and the
right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or
disruptive. The Company may take any action with respect to User Content 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. The Company does not represent or guarantee the truthfulness, accuracy,
or reliability of User Content or any other 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.
8. Links to Other Sites.
OldFashionedFamily.com contains 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.
9. The Company's
Liability.
In serving as a forum for the exchange of information and content
provided by OldFashionedFamily.com, third-party content providers, advertisers and those
seeking employment as childcare specialists, OldFashionedFamily.com does not necessarily
screen or censor the listings offered. The Company is not involved in any resulting
transaction between You and any such third-party content providers, advertisers or
prospective employees. As a result, the Company has no control over the quality, safety or
legality of the content, goods or services or resumes posted, the truth or accuracy of the
listings, the ability of such content, goods or services or candidates to fill or provide
satisfaction if relied upon, purchased or engaged, and makes no representations about any of
them. The Company cannot guarantee and does not promise any specific results from use of
OldFashionedFamily.com. No advice or information, whether oral or written, obtained by a
User from Old Fashioned Family or through or from OldFashionedFamily.com shall create any
warranty not expressly stated herein. 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 the Web 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. The Web Site and the Old Fashioned Family Content may contain
inaccuracies or typographical errors. The Company makes no representations about the
accuracy, reliability, completeness, or timeliness of the Web Site or the Old Fashioned
Family Content. The use of the Web Site and the Old Fashioned Family Content is at your own
risk. Changes are periodically made to the Web Site 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 Web Site. The Company is not
to be considered to be an employer with respect to your use of the Web Site and the Company
shall not be responsible for any employment decisions, for whatever reason made, made by any
User.
10. Disclaimer of Warranty.
THE COMPANY DOES NOT
WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVERS ARE
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE OLD
FASHIONED FAMILY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND OLD FASHIONED FAMILY
CONTENT 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 OLD FASHIONED FAMILY CONTENT, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS.
11. Disclaimer of Consequential
Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THE WEB 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 WEB SITE
AND THE OLD FASHIONED FAMILY 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.
12. Limitation of Liability.
THE COMPANY'S
MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE OR YOUR USE OF THE OLD
FASHIONED FAMILY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT,
BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
13. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its
affiliates, and their respective officers, directors, employees and agents, from and against
any claims, actions or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from
(a) any User Content or other material You provide to
the Web Site,
(b) your use of any Old Fashioned Family Content, or
(c) your breach
of the terms of these Terms of Use. The Company shall provide notice to You promptly of any
such claim, suit, or proceeding.
14. General.
These Terms
of Use are governed by the laws of the State of New York applicable to contracts negotiated,
executed and to be performed within, and between residents of, the State of New York.
Jurisdiction for any claims arising under this agreement shall lie exclusively with the
state or federal courts sitting in New York County, New York. If any provision of these
Terms of Use is 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 of Use, which shall remain in full force and effect. No waiver of any term of
these Terms of Use shall be deemed a further or continuing waiver of such term or any other
term. Except as described in the next paragraph, these Terms of Use constitute the entire
agreement between You and the Company with respect to the use of OldFashionedFamily.com. No
changes to these Terms of Use shall be made except by a revised posting on this page.
15. Additional Terms of Use.
Certain areas of
OldFashionedFamily.com 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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