to www.benchmarkstaffing.com (the "Site"). This page ("Notice")
states the terms and conditions of the Site. Please review
this Notice carefully. By accessing, browsing, or using the
Site ("Use"), all users and viewers ("You," "you," "User," or
"user") acknowledge acceptance of the terms and conditions listed
in this Notice. If you do not accept the terms and conditions
listed in this Notice, please do not use the Site. BMK Services,
Inc., and its parent and subsidiaries ("Benchmark") reserve the
right to update this Notice from time to time in its sole discretion.
You should review this Notice periodically for updates and changes.
Site and any related services are available to you, provided that
you can form legally binding agreements under applicable law.
The Site is not available to minors. If you are a minor, please
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Benchmark grants you a limited, non-exclusive, non-transferable,
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All materials displayed or made available on the Site, including,
but not limited to, graphics, documents, text, images, sound,
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the "Material") are exclusive property of Benchmark or its content
suppliers. The Materials are protected by U.S. and international
copyright laws and any other applicable intellectual property
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you shall not (i) use, copy, modify, display, delete, distribute,
download, store, reproduce, transmit, publish, sell, re-sell,
adapt, reverse engineer, or create derivative works of the Material,
or (ii) use the Material on other web sites or any media, e.g.,
networking environment, without Benchmark's prior written consent.
All trademarks, service marks, and logos (the "Marks") displayed
on the Site are exclusive property of Benchmark and their respective
owners. You shall not use the Marks in any manner without Benchmark's
and their respective owners' prior written consent.
Site provides a forum for you to obtain employment and career
information. By submitting or entering your information to the
Site ("Submitted Material"), you agree that you grant Benchmark
a perpetual, non-exclusive, irrevocable, royalty free, worldwide
license and right, but not the obligation, to use, copy, modify,
display, distribute, download, store, reproduce, transmit, publish,
transfer, adapt, create derivative works in any manner, in entirety
or a portion of, of your Submitted Material, and by any means,
forever and worldwide. You acknowledge and accept that Benchmark
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information. Benchmark does not screen or monitor any Submitted
Materials. Benchmark, therefore, makes no representation regarding
the reliability, accuracy, completeness, validity, or truthfulness
of any Submitted Materials. Benchmark reserves the right, in its
sole discretion, to delete, remove, refuse to display, or block
any Submitted Materials that Benchmark considers to be unacceptable.
In the event Benchmark receives notification regarding any unacceptable
Submitted Materials, Benchmark may investigate such materials,
in its sole discretion.
You acknowledge and agree that Benchmark
may retain copies of your Submitted Materials and disclose your
Submitted Materials to a third party if Benchmark believes that
it is necessary to: (i) protect the integrity of the Site; (ii)
protect rights of Benchmark; (iii) comply with any court order;
(iv) comply with any legal proceedings; (v) assert Benchmark's
claim under this Notice; and (vi) satisfy any claims regarding
violations of third party's rights.
connection with your Use, you agree NOT to:
(a) violate any local,
state, and federal rules, regulations and statutes, including,
but not limited to, U.S. export laws and regulations, anti-discrimination,
or equal opportunity employment laws;
(b) infringe any intellectual
property and privacy rights, including, but not limited to, patent,
copyright, trademark, or trade secrets, of any third party;
(c) upload, post, transmit, or store any material that:
i. is unlawful,
offensive, defamatory, fraudulent, deceptive, misleading, harmful,
threatening, harassing, obscene, or objectionable;
ii. breaches any of your contractual or confidentiality obligations;
or interferes with the normal operations of the Site, such as
posting or transmitting viruses, continuous posting of repetitive
materials, or posting abnormally large load; or
iv. are not permitted
by Benchmark, including, but not limited to, any unauthorized
advertising materials, unsolicited promotional materials, "junk
mail," "spam mail," "chain letters," pyramid schemes, franchises,
distributorship, club membership, sales arrangement, or otherwise
(d) violate other's privacy rights or
personal rights by abusing the Materials, including, but not limited
to, harassing or "stalking" another person, sending unsolicited
e-mails, and collecting other's personal information;
or attempt to breach any security measures of the Site;
any device, process, or mechanism to monitor, retrieve, search,
or access, e.g., spider or robot, the Site or any Material without
Benchmark's prior written consent;
(g) access or attempt to access
any account or login of any third party listed on the Site;
copy, modify, reproduce, delete, distribute, download, store,
transmit, sell, re-sell, publish, reverse engineer, or create
derivative works of any Materials, except for materials that have
been submitted and owned by you;
(i) post or submit any inaccurate,
false, or incomplete information, such as your resume, biographical
data, or employment information;
(j) impersonate any person or
(k) forge any header information in any electronic posting
or mail; or
(l) misrepresent yourself, your affiliation with any
third party, or your entity.
SPECIFIC USAGE AND RESPONSIBILITIES.
addition to the general responsibilities listed in Section 5,
you agree to comply with the following terms.
You further agree to:
(a) use the Site only for lawful purposes in searching for
employment opportunities and career information;
(b) provide and
maintain complete, correct, up-to-date, and accurate information
on your submitted information;
(c) post materials for which you
have all the necessary rights or licenses;
(d) use your own judgment,
caution, and common sense in managing job opportunities and information
offered by or obtained from the Site; and
(e) bear the risks of
any reliance or use of any Materials or any information provided
by any third party.
ACCOUNT AND PASSWORD.
your Use of the Site, you may decide to open an account with the
Site. If you open an account with the Site, you will receive an
account logon and an initial password. It is your sole responsibility
to (a) maintain the confidentiality of your account logon and
password; (b) frequently update and revise your password; and
(c) promptly notify Benchmark if there is any unauthorized use
of your account or any breach of security.
understand and agree that Benchmark (a) does not warrant that
you will receive any employment or job offers through the Site;
(b) shall not be responsible for any employment offers, employment
screenings, employment decisions, and actual employment presented
by third parties; (c) does not guarantee the accuracy, completeness,
validity, or timeliness of information listed by any third parties;
(d) shall not be responsible for any materials posted by third
parties, including, but not limited to, job openings and employment
listings; and (e) is neither your employer nor your agent in any
regard. You shall use your own judgment, caution, and common sense
in evaluating any prospective employers and any information provided
by any third party.
LINKS TO THIRD PARTY.
Site may have links, such as hyperlinks or buttons, directing
access to third party's web sites ("Linked Sites"). The Linked
Sites may not be controlled or monitored by Benchmark. Benchmark
shall not be responsible for any materials, information, or content
posted on the Linked Sites. The inclusion of the Linked Sites
on the Site does not imply any relationship or association between
Benchmark and the owner of the Linked Sites or any endorsement
or sponsorship by Benchmark of the Linked Sites. Benchmark includes
the Linked Sites solely for your convenience. You are solely responsible
for your access of the Linked Sites. You shall use your own judgement,
caution, and common sense in using the Linked Sites.
You agree to indemnity, defend, and hold Benchmark, its parents,
subsidiaries, affiliates, officers, directors, agents, employees,
harmless from any claims or demands of any third party, including,
but not limited to, attorneys' fees and legal fees, resulting
from or arising out of your Use of the Site, your Submitted Materials,
or your violation of any terms and conditions of this Notice.
ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED
TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS.
(B) Benchmark EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF
PERFORMANCE, COURSE OF DEALING OR USAGE. (C) BENCHMARK EXPRESSLY
DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL
BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED
AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE
AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V)
THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS
OF ANY SUBMITTED MATERIALS.
13. LIABILITY AND LIMITATIONS OF LIABILITY.
AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR
RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS,
INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL
HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE,
STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER
FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE Benchmark, ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS
FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL)
OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING
OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED
MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR
USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT Benchmark, ITS
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES,
AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL,
REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY,
EVEN IF BENCHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION
OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER
OF CERTAIN DAMAGES, BENCHMARK'S AGGREGATE LIABILITY FOR ANY DAMAGES
SHALL NOT EXCEED U.S. $10.
has the right, in its sole discretion, to terminate any services
of the Site and remove any Materials from the Site. Benchmark
may also terminate your access to any part or all of the services
provided by Benchmark on the Site at any time, with or without
cause or notice, for any reasons. If you want to terminate your
account, you may only cease your Use of the Site. Benchmark shall
not be responsible for maintaining or returning your Submitted
Materials, your account, or your logon and password. You should
always maintain a copy of your Submitted Materials.
agree that there is no employment, partnership, agency, or joint
venture relationship between you and Benchmark arising out of
or resulting from your Use of the Site. This Notice constitutes
the entire agreement between you and Benchmark governing your
Use of the Site and is additional to any binding agreement between
you and Benchmark. This Notice is governed by the laws of the
State of California, United States of America, without giving
effect to any principles of conflict of laws. Benchmark does not
warrant that this Site will be lawful outside the United States.
If you view, access, submit, or download materials to and from
the Site outside the United States, you will be solely responsible
for all your actions and assume all risks. You may not use or
export any Materials or make any copy or adaptation in violation
of any application laws, rules, or regulations, including, but
not limited to, U.S. export laws and regulations. The failure
or delay by either party to enforce the terms of this Notice shall
not be deemed as a waiver of such term. Sections 4, 5, 6, 7, 9,
10, 12, 13, 14, and 15 shall survive any termination of this Notice
for any reasons.
Last updated date: July 1, 2004.
Desk - If you need more information regarding the Site or this
Notice, please contact
BMK Services, Inc.
5700 Stoneridge Drive, Suite 1
Pleasanton, CA 94588
2004 BMK Services, Inc. All rights reserved.
An Equal Opportunity Employer M/F/D/V.