Thank you for visiting the Vindicator’s “vindywheels.com” web site (the “Site”). In light of the complexities governing the use and operation of web sites, we have set forth below a series of Access and Use Terms (“SATS”) that apply to your access to and use of the Site. Compliance with and acceptance of the SATS are required in order for you to have access to and use of the Site. Please read the SATS very carefully. We hope that you will understand that, in the complex legal world of the Internet, access and use terms are required. We have also included below, as part of the SATS, an identification of the Vindicator’s agent for receipt of notice regarding copyright claims and other communications regarding the Site. If you do not agree with or do not accept any of the SATS, please immediately exit the Site and refrain from further access.
1. ELIGIBILITY TO USE THE SITE
You must be 18 years of age or older to visit or use this Site in any manner. By visiting and/or using the Site, you represent and warrant to the Vindicator that you are at least 18 years of age.
By visiting and/or using the Site in any manner, you also represent and warrant to the Vindicator that you will use the Site in a manner consistent with any and all applicable laws and regulations.
2. LIMITED LICENSE
As described below, your compliance with the SATS provides a limited, terminable license regarding access to and use of the Site Contents. “Site Contents” or “Contents” refers to text, images, graphics, logos, information, sounds, interactive features, software, links, and other features of the Site, and also includes, without limitation, the compilation (or the collection, arrangement and assembly) of any of the foregoing. “Site Code” refers to any and all underlying elements of the Site, including but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or function of the Site.
not to alter the image, text or other Site Contents in any manner or use them in a manner specifically prohibited by these SATS or by the instructions in the Site;
to use a single copy of the Site Contents for your informational purposes only (including, without limitation, you agree not to: sell or modify the Site Contents; reproduce, display, publicly perform, distribute, or otherwise use the Site Contents in any way for any public or commercial purpose; or copy or adapt the Site Code used by the Vindicator (or its licensors) to generate any Site Contents or the pages making up the Site);
that you may print out a copy of the Site Contents, or an excerpt from the Site Contents, to preserve a “hard copy”; however, you must retain all copyright, trademark, service mark and other proprietary notices contained in the original version on any copy you make of the Site Contents;
that the Vindicator may, solely in its own discretion and without advance notice, revoke the limited license regarding all of the Site Contents or with respect to specific images, texts, other Site features or the Site Code. If requested by the Vindicator, you agree to cease using and/or destroy any copies of the subject Content;
you will not associate with advertisements (e.g., pop-ups) or commercially exploit the Site, Site Contents or the Site Code;
to ensure that other parties that have access to the Site or Site Contents through your system or, with your permission, agree to the SATS;
not to use the Site Contents in a networked computer environment (for any purpose); and
not to (nor attempt to) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or Site Code.
You also agree that you are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging into a server or account which you are not authorized to access; attempting to interfere with service to any user, host or network. Violations or attempted violations of the security of the Site may result in civil or criminal liability, and the Vindicator and/or its licensor(s) will investigate occurrences and may involve, and will cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
3. PROHIBITED USES OF THE SITE
The Site may be used only for lawful purposes by individuals seeking employment and career information and employers or recruiters seeking employees.
The Vindicator specifically prohibits any other use of the Site, and you agree not to do any of the following:
- post or submit any job, resume, or other content on the Site containing inaccurate, incomplete, misleading, false or fraudulent information or information that is not your own (and including, without limitation, inaccurate, incomplete, misleading, false or fraudulent biographical information);
- post or submit any job, resume or other content on the Site that contain any hyperlinks, hidden keywords or any keywords that are irrelevant or are otherwise misleading;
- using the information or content on the Site to sell or promote any products or services;
- post on the Site any arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents (including, without limitation, franchise, pyramid scheme, “club membership,” or similar opportunities);
- make unsolicited communications regarding the promotion and/or advertising of products or services to a user of the Site;
- remove or modify any material posted on the Site by any other person or entity;
- notwithstanding anything to the contrary contained herein, use or attempt to use any software, device or mechanism (including, without limitation, browsers, spiders, or avatars) to navigate or search the Site other than the search engine and search agents available from the Vindicator on the Site and other than generally available third-party web browsers (e.g., Microsoft Explorer) or take any action that imposes an unreasonable or disproportionately large load on the Site or its infrastructure; or
- link to or frame (in violation of Section 7) Site Contents or information available from the Site.
4. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS
All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents, and the Site Code are the properties of the Vindicator, its owner(s) or its licensors. Nothing in these SATS or any Site Contents shall convey an ownership interest or a non-terminable license in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents, and the Site Code.
5. USER CONTENT AND SUBMISSIONS AND USER GRANT OF LICENSE
You are solely responsible for your account information, content, messages or other information (“User Content”) that you submit, publish or display (collectively, “post”) on the Site or transmit to other users of the Site. By posting User Content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, a fully paid-up, irrevocable, non-terminable, sublicensable, non-exclusive license, effective everywhere, to the Vindicator to consider, retain, copy, use, publish, modify, disclose, prepare derivative works of and/or incorporate into other works in any form, media, or technology now known or later developed, and otherwise exploit the expression, concepts, and information in the User Content. If any applicable law, judicial decision or regulatory requirement restricts or limits the provisions of this Section 5, the Vindicator’s liability, if any, will be limited in accordance with Section 8 of these SATS.
The following is a partial list of User Content that is prohibited on the Site. The list below is for illustrative purposes only and is not a complete list of all prohibited User Content:
- User Content containing any content that is damaging, disruptive, obscene, unlawful, inaccurate, offensive, harassing, defamatory, illegal or otherwise objectionable to the Vindicator (including, without limitation, content that displays or links to pornographic, indecent or sexually explicit material of any kind);
- User Content containing false or misleading identification or address information, or that invades the privacy or violates the personal or proprietary right of any person or entity;
- User Content involving the transmission of unsolicited mass mailing (also known as “spamming”) or otherwise involves the transmission of “junk mail” or “chain letters;”
- User Content that intentionally or unintentionally violates any applicable local, state, national or international law including, but not limited to, regulations having the force of law; and
- User Content that infringes the copyrights, trademarks, trade names, trade dress, service marks or other personal or proprietary rights of any person or entity.
The Vindicator hopes that all of those who use and have access to the Site will follow the SATS and otherwise conduct themselves legally and appropriately. However, the Vindicator cannot be responsible for (and has no obligation for) monitoring, verifying or substantiating User Content provided by users of the Site. If the Vindicator becomes aware of communications, Site Content or actions which allegedly do not conform to the SATs, the Vindicator may, in its sole discretion, investigate the allegation and determine whether to remove or request the removal of the User Content from the Site, restrict a user’s access to the Site or take any other action(s) that the Vindicator deems necessary or appropriate (including, without limitation, any action available to it at law or equity); however, the Vindicator has no liability or responsibility to users of the Site for performance or nonperformance of such activities. Therefore, you agree that the Vindicator shall not be liable for any breach of the SATS by third parties or for other injurious behavior engaged in by third parties who use or gain access to the Site.
The Vindicator is pleased to hear from users of the Site. We welcome your input. However, due to legal requirements, we cannot provide compensation for, agree to consider, or agree in advance to keep confidential any submission of creative ideas, disclosures of inventions, or other similar disclosures of potentially useful information or content (collectively, the “Submission”). In order to avoid confusion and unmanageable situations, all Submissions sent by you via the Site or through any contact information provided in the Site (e.g., addresses, e-mail addresses, telephone numbers or links) are provided with a fully paid-up, irrevocable, non-terminable, sublicensable, non-exclusive license, effective everywhere, to the Vindicator to consider, retain, copy, use, publish, modify, disclose, prepare derivative works of and/or incorporate into other works in any form, media, or technology now known or later developed, and otherwise exploit the expression, concepts, and information in the Submission. The Vindicator may, in its sole discretion, determine that the Submission and its contents should be kept confidential.
6. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
As a convenience to users of the Site, the Vindicator may provide from time to time, at its sole discretion, one or more chat areas, message boards, e-mail functions, contact information, polls, surveys, and other Site features for use by users to the Site. Such features are referred to herein as “Visitor Features.” The Vindicator may, in its sole discretion and without advance notice, discontinue provision of any Visitor Features to any or all Site users and may, in its sole discretion, remove any content provided by a Site user. Users of Visitor Features are bound by and must comply with the SATS.
Unless expressly stated otherwise by the Vindicator, the Vindicator does not necessarily control sites that may be linked to or from the Site. The Vindicator cannot monitor or otherwise evaluate such sites, and the Vindicator is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site’s terms and conditions of access and use, as well as the site’s privacy policies. Materials on other sites may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK.
All links to the Site require the prior express written consent of the Vindicator, except that the Vindicator consents to external links in circumstances in which: (a) the link is text-only and contains only the name “The Vindicator” or “The Vindicator Publishing Co.”; (b) the link directs the Internet browser to the main page of the Site and not to other web site pages within this Site; (c) the link when in use with any browser displays the entire Site full screen without frames and does not utilize banner advertisement or pop-up advertisements or otherwise obscure, hide, modify or minimize any page contained in the Site; (d) the appearance, display or formatting of any page on the Site is not juxtaposed, associated with, positioned with, or otherwise related to any other activity, product, entity or person such as to create a false impression that the Vindicator has a relationship with any such activity, individual, entity or product or that the Vindicator endorses, sponsors or is associated with such activity, individual, entity or product when it is not; and (e) the link does not damage, disparage or deplete the goodwill associated with any trade name, trademark or service mark belonging to, or associated with, the Vindicator. At any time and for any reason, the Vindicator, in its sole discretion and without any liability to you, may revoke this consent to link to the Site.
8. WARRANTY DISCLAIMERS, RELEASE FROM LIABILITY AND DAMAGE LIMITATION, INDEMNIFICATION
The Site provides a web site through which third parties may submit and search resumes and post and search job opportunities. The Vindicator is not involved in any employment relationship, offers of employment or other transactions or relationships between or among potential or actual employers and candidates or employees. Furthermore, the Vindicator does not have any responsibility or control over the quality, accuracy, truth, timeliness, safety or legality of job postings or resume postings or any other User Content. The Vindicator cannot guarantee or promise specific results from use of the Site. You acknowledge and agree that any use of the Site is at your own risk.
The Site, operation of the Site Code, Site Contents (including, but not limited to, linked Site Contents), as well as the operation of and effects of access to this Site and linked Sites, are provided “as is.” The Vindicator, its owners and its affiliates and their respective directors, officers, employees, personnel, licensors, suppliers, agents, and contractors specifically disclaim any and all statutory, express or implied warranties including, but not limited to, warranties of: (a) suitability for any particular purpose or fitness for any particular purpose, (b) merchantability, (c) completeness, (d) accuracy, reliability or timeliness, (e) non-infringement, and (f) freedom from interruption, delay, errors, technical errors or unauthorized, injurious intrusions or items, such as hacking, viruses, and other harmful components.
Irrespective of whether a claim is based upon contract, negligence, tort or other principles, and irrespective of whether they had notice of the possibility of such damages, the Vindicator and its affiliates, and their respective owners, directors, officers, employees, personnel, licensors, suppliers, agents, and contractors shall not be liable for any indirect, special, incidental, consequential or punitive damages, damages for lost profits, earnings or opportunities, or damages for business disruption, loss of programs or loss of information resulting from or arising in connection with your access to, inability to access, delay, interruption in service or use of the Site (including the Site Contents and Site Code) or materials or functions on the Site (or your reliance on any information contained on the Site), regardless of cause. Please note that some jurisdictions prohibit the exclusion or limitation of certain warranties and/or liability for consequential or incidental damages.
In no event shall the Vindicator’s liability arising out of, or in connection with, the Site or your use of the Site, regardless of the cause of action exceed the greater of: Five Hundred Dollars ($500) or the amount such user of the Site paid the Vindicator for use of the Site (if applicable).
You agree to indemnify, defend and hold harmless the Vindicator, its affiliates and owners and their respective directors, officers, employees, personnel, licensors, suppliers, agents, and contractors against all losses, claims, actions, demands, expenses, damages and costs, including but not limited to court costs and reasonable attorneys’ and accounting fees, arising from, relating to or resulting from (a) your use of the Site (including, without limitation, the Site Content) or others’ use of the Site who gain access through your system or to whom you have provided access to Site Contents; (b) any violation of the SATS by you or by others that gain access to the Site through your system or to whom you have provided access to Site Contents; and/or (c) any User Content or other material you provide to the Site. The Vindicator reserves the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Vindicator in asserting any available defenses. You shall be responsible for any damages or fines assessed due to violation of the SATS by you or others that gain access to the Site through your system or to whom you have provided access to Site Contents.
9. CHANGES TO SITE OR TERMS OF ACCESS AND USE
The Vindicator reserves the right, at its sole discretion, without advance notice, to change, modify, add or remove all or any portion of the Site, Site Contents or the SATS. Changes to the SATS shall be immediately effective when posted. You agree to review the SATS periodically to be aware of any changes. Your access to and continued use of the Site after the changes are posted shall constitute acceptance of those changes. Also, events may occur that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code. Therefore, the Vindicator reserves the right, without liability, to: (a) discontinue provision of access to the Site to any and all users of the Site without notice; and (b) remove or modify any Site Contents.
10. CHANGES IN SITE OR RIGHTS OWNERSHIP
You agree that these SATS and the Vindicator’s interests, rights, and obligations hereunder can be transferred by the Vindicator to a subsequent owner of an interest in this Site or any of the Site Contents.
11. PRIVACY TERMS AND ACCESS FROM OUTSIDE THE UNITED STATES
By providing personal information to our Site, all users of the Site, including, but not limited to, users in the European Union, fully understand and consent to the collection and processing of such information in the United States of America.
This Site is operated from a location in the United States of America. The Vindicator makes no representation that the Site, the Site Contents, links, or the Site Code are appropriate for use in countries other than the United States.
12. COMMUNICATIONS REGARDING COPYRIGHT AND OTHER MATTERS
If you believe that any Site Code, or Contents in a linked site or in this Site including, but not limited to, User Content, infringes a copyright or other proprietary right, please forward the following information to our Copyright and Notice Agent at the address specified below:
- Your name, address, telephone number, e-mail address and other pertinent contact information;
- A description of the copyrighted work or proprietary right that you believe is infringed;
- The URL or a description of where the allegedly infringing content is located;
- A statement by you, with respect to the copyright or other proprietary right, that you have a good faith belief that the disputed use is not authorized by either the owner of the asserted right, an agent of the owner, or by operation of law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right;
- A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner; and
- Any other information required for specific notice of the claim and allegedly infringing item.
Our Copyright and Notice Agent and recipient for other communications regarding the Site is:
P.O. Box 780
Youngstown, Ohio 44503
Phone: (330) 747-1471
Fax: (330) 747-8135
We seek to preserve all rights and exemptions from liability available under law including, without limitation, copyright law, but we do not stipulate that we are a “service provider” for all purposes.
13. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER
These SATS, and all disputes arising from or related to them, their interpretation, or their subject matters (including but not limited to the Site Contents) shall be governed by, resolved and remedied in accordance with the laws of the State of Ohio, USA (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within such State and to acts or omissions occurring wholly within the State. Any claims arising from or related to the SATS or their subject matters shall be brought and resolved only in the appropriate state or federal courts located in Ohio and you expressly consent to the jurisdiction and exclusive venue of said courts. However, the Vindicator, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to: (a) apply the choice of law specified above; and (b) take place in Mahoning County, Ohio.
If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these SATS and their subject matters. In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Ohio law, jurisdiction and forums for dispute resolution.
You agree and represent that you have carefully considered the SATS and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of the Vindicator.
If any provision or provisions of the SATS are deemed unenforceable in a determination by a body with proper jurisdiction, the parties agree (without waiving rights of appeal) that the unenforceable provision or provisions shall be: (a) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision or provisions; or (b) if option (a), above, cannot be implemented, the unenforceable provision or provisions shall be excised from the SATS and the parties shall negotiate in good faith with respect to their modification. If the parties cannot agree to a modification, the SATS shall be enforced, without the unenforceable provision or provisions, in a fair manner and without undue prejudice to either party.
These SATs comprise the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing supplied by the Vindicator.