Member Privacy Statement
Your use of the Hello West Michigan (HWM) website (the "Site") is subject to the terms of this agreement between you and The Greater Grand Rapids Chamber Foundation (which is referred to herein as "Hello West Michigan"). This is a binding agreement between you and Hello West Michigan. "You" or "Your" refers to the member organization as well as the individual(s) using the Account Information of the member organization.
2. Your Use of Site. Unless otherwise specified, the Site is provided to members for their personal and non-commercial use, including for members seeking candidates for employment and seeking to exchange information regarding employment issues and best practices. Prohibited commercial uses do not include posting resumes of job seekers provided that you have the express, informed consent of the job seeker to such posting. You may not modify, copy, distribute, transmit, reproduce, publish, license or sublicense, create derivative works from, transfer, or sell any information, software, text, images, or other content of any type ("Site Content") obtained from the Site. HWM grants to you as a member a non-exclusive, revocable, limited license to access and use the Site for internal business use in seeking employment candidates, for exchanging information regarding employment issues and best practices and for no other purpose. In exercising the foregoing license, you may view and download a single copy of the Site Content solely for the purpose of identifying and recruiting candidates for such employment and for exchanging information regarding employment issues and best practices. Any other use of Site Content, without the prior written permission of HWM is prohibited. You may not sell, transfer or assign any rights, content or materials provided by HWM or provided via the Site without the express written consent of HWM.
You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of the Site Content or the User Content (as defined below), in whole or in part, outside of the specific usage rights granted to you by HWM as described in these Terms and Conditions. You may not to use the Site in any manner that interferes with HWM's normal operations or with the use and enjoyment of another user. You agree to use the Site and the services only for their intended lawful purpose and in accordance with applicable laws.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. The member is responsible for, and agrees to be responsible for, all use of the Account Information, including password(s) and user name(s) issued to it. You may notify HWM at [Attn: HWM's Address] if you become aware of any unauthorized use of your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in User Content (as defined below) you post or transmit on the Site. We may at some time utilize e mail to communicate with users about service-related matters; by becoming a Site member you are consenting to the receipt of these communications.
HWM reserves the right to suspend, cancel or discontinue the Site or any feature provided on the Site in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user. HWM also specifically reserves the right to, in its sole discretion, place an upper limit on the number of transmissions that you can submit or receive through the Site or the amount of storage space that you may use.
4. Posting Content on the Site. You are responsible for all content that you post on or transmit through the Site ("User Content"). You may not post or transmit any of the following: (a) copyrighted material and trademarks that are used without the express, written consent of the owner of such copyrighted material and/or trademark; (b) advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have HWM's express, written consent; (c) material that, in the sole discretion of HWM, is pornographic, sexually explicit or obscene or which contains content promoting incest or bestiality; (d) content that, in the sole discretion of HWM, exploits children and/or minors or promotes pedophilia; (e) content that discloses or contains any personally identifiable information beyond a first name about any person who appears to be under the age of 18 or that includes private, confidential information; (f) content that HWM has reason to believe was posted for malicious or vindictive purposes, including libel, slander, defamation or harassment; (g) content that, in the sole discretion of HWM, may be deemed grossly offensive to users of the Site, including, but not necessarily limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity; (h) content that promotes hate or may incite or threaten violence toward groups based on religion, race, ethnicity, gender, age, disability, sexual orientation or gender identity; (i) content promoting or providing instructional information about illegal or illicit activities; (j) content that transmits or contains viruses, corrupted files, etc. By registering as a member of the Site, you consent to having your User Content co-mingled with advertisements and other User Content that may appear on the Site.
By posting, or submitting for posting, any resume, curriculum vitae, or other personal information regarding job seeker, candidate, applicant or other third person, you represent, warrant, and agree that you have obtained the express, informed consent of such person to the submission and/or posting. Informed consent includes, but is not necessarily limited to, an explanation to the job seeker, candidate, applicant or other third person of the nature of HWM, identification of the current membership of HWM, an explanation that the membership of HWM changes from time to time, the nature of the prospective publication or dissemination of the resume, curriculum vitae, or other personal information, and the possibility of a current employer viewing the posting. Do not post, or submit for posting, any resume, curriculum vitae, or other personal information regarding any job seeker, candidate, applicant or other third person unless you have obtained the express, informed consent of such person to the submission and posting. Posting, or submitting for posting, any resume, curriculum vitae, or other personal information regarding job seeker, candidate, applicant or other third person without the express, informed consent of such person to the submission and posting is a violation of these Terms and Conditions. HWM reserves the right, in its sole discretion, to limit the posting of resumes, curriculum vitae, or other personal information regarding job seekers, candidates, applicants or other third persons or to delete postings already made, but HWM shall have no obligation to do so. HWM shall bear no responsibility for postings of resumes, curriculum vitae, or other personal information regarding job seekers, candidates, applicants or other third persons made by you or using your Account Information or made by HWM based on submissions made by you. You are solely responsible for postings of resumes, curriculum vitae, or other personal information regarding job seekers, candidates, applicants or other third persons made by you or using your Account Information or made by HWM based on submissions made by you. HWM does not independently verify the information provided by job seekers, candidates, applicants or other third parties or verify the identities. Employers and job seekers, candidates, applicants or other third parties are solely responsible for any employment decisions they might make.
Based on the very nature of the features and services offered on the Site, HWM does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on HWM's member message boards, conversation pages, chat rooms, and other similar services, or otherwise contained in the Site. Any information or material placed on the Site are the views and responsibility of the User who posts the statements and do not necessarily represent the views of HWM. You agree that HWM is not responsible for, and shall have no liability to you with respect to, any information or materials or User Content posted by others, including defamatory, offensive, deceptive or illicit material, even material that violates these Terms and Conditions.
5. Prohibited Conduct. The following are all prohibited: (a) framing, (b) using engines, tools, software bots and other automated devices to search the Site; (c) aggregating, copying or duplicating material or information provided on the Site beyond the scope permitted herein; and (d) accessing or using content of others for purposes other than that intended by the content owner. With respect to the HWM resume database, the following are all prohibited: (a) posting resumes or other documents with hyperlinks, hidden keyword text or irrelevant or misleading keywords; (b) using the available resumes to sell or promote products; (c) posting or submitting any false or inaccurate biographical information, false or inaccurate entity information or information relating to a person or entity which you do not have the necessary permissions to post or submit for posing; (d) engaging in any pyramid scheme, ponzi scheme or other fraudulent business endeavor; (f) using the resume database to engage in misappropriation of trade secrets, tortious interference or any other tortious, illegal or improper activity.
6. Links to Other Sites. From time to time, we may post links to other sites on the World Wide Web, or you may arrive at our web site from a link posted on someone else's web site. You acknowledge that such other sites or locations are not under the control of HWM and you agree that HWM shall not be responsible for any information or additional links found at such other site or location, or for your use of such information. HWM has not endorsed, tested or verified any information or programs found at such sites.
7. Examination of Site; Removal of Content on Site. HWM may examine User Content on the Site from time to time and HWM maintains the absolute right (though not the obligation) in the sole discretion of HWM to remove any User Content that does not meet the standards listed above in paragraph 4 or that is otherwise objectionable in HWM's sole and absolute discretion. HWM also reserves the right to immediately terminate your access to the Site without notice or opportunity to cure if you fail to abide by these Terms and Conditions.
8. Intellectual Property Rights. You agree that HWM (or its licensor) owns any and all world-wide, registered or unregistered, intellectual property rights and interests that may reside in the Site. Distribution, transmission, modification, copying, reproducing or any other type of use of the Site Content for commercial or public purposes is prohibited without the prior express written permission of HWM. Further, you agree that you have no right to use any trademarks, service marks or logos displayed on the Site without the prior express written permission of HWM. Other product names or business names that are published on the Site may be the property of their respective owners.
9. Grant of License by You to HWM. HWM shall have no responsibility or obligation to protect or enforce any intellectual property rights that may exist in the User Content. By posting or transmitting User Content on or through the Site, you are granting to HWM a nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate your User Content with other User Content, create derivative works of and publicly perform that User Content for any purpose on and through each of the services provided by the Site or on other sites owned by HWM or its affiliates or partners. This license shall apply to the distribution and the storage of your User Content in any form, medium, or technology now known or later developed.
10. Disclaimer of Warranties. ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, HWM neither warrants nor represents that your use of any Site Content or User Content will not infringe the rights of any third parties nor that the Site Content or User Content will be accurate, complete, up-to-date or available for your use when desired. Additionally, with reference to any discussions, postings, news and the like that may be on the Site, HWM assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.
HWM shall not be deemed to have made any representation, endorsement or warranty regarding any member, User or other third party in any fashion, including, but not limited to, with respect to employment practices, hiring practices, experience, or suitablility for employment. HWM shall not be deemed to have made any representation, endorsement, warranty or guarantee of results regarding any job search or job seeker and HWM shall have no responsibility for any decisions made by any job seeker or any prospective employer.
11. Limitation of Liability. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL QUAERIS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HWM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, SITE CONTENT AND USER CONTENT AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you, but shall be enforced to the fullest extent permitted under law.
12. Indemnification. You agree to indemnify, defend, and hold harmless HWM, its officers, directors, employees, agents, licensor's, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs resulting from: (a) any violation of these Terms and Conditions, (b) any activity related to your internet account (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the Site using your internet account or computer), (c) posting by you, submission by you for posting, or posting by HWM arising from a submission by you of any resume, curriculum vitae or other personal information regarding any job seeker, candidate, applicant or other third person and/or (d) any User Content you submit or transmit through the Site in violation of these Terms and Conditions. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any User Content you post or transmit through the Site.
13. Digital Millennium Copyright Act. HWM intends to comply with the requirements of the Digital Millennium Copyright Act ("DMCA"). If you own a copyright or are the agent of a copyright owner, and you believe that any User Content infringes your copyrights, you may submit written notification to [Contact Person] at [HWM's Address and/or e-mail], including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted works, or a representative listing if multiple works are allegedly infringing on a single online site; (c) identification of the material which is claimed to be infringing and information reasonably sufficient to permit HWM to locate the material; (d) information reasonably sufficient to permit HWM to contact you, such as a telephone number, address or e-mail address; (e) a statement of your good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the written notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are a user whose User Content has been disabled or removed from the Site, and you believe that your User Content is not infringing or if you have been authorized by the owner of the copyright, its agent or the law to post or transmit the content as User Content, you may send a counter-notice to [Contact Person] at [HWM Address and/or e-mail], including the information required for such notifications by the DMCA, including the following (or any other requirements provided in the DMCA at the time of such notification): (a) your physical or electronic signature; (b) identification of your User Content which has been removed or to which your access has been denied and the location at which the User Content appeared before it was removed or disabled; (c) a statement of your good faith belief that the User Content was removed or disabled as a result of mistake or misidentification of the User Content; (d) your name, address, telephone number and e-mail address; and (e) a statement that you will submit to the jurisdiction of the federal courts in the [Western District of Michigan] and will accept service of process from the person who provided notification to HWM of the allegedly infringing material.
If the designated contact person at HWM receives a counter-notice, it may send the counter-notice to the complaining party and inform the complaining party that the User Content will be restored or access to the User Content enabled within 10 business days. HWM shall have the sole discretion to replace the User Content or enable access to the User Content at any time after 10 business days from the time it provides such notice to the complaining party, unless the copyright owner files an action seeking a court order against the user who supplied the User Content.
14. Law and Jurisdiction. These Terms and Conditions and your use of the Site are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Michigan, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and the Site or in which these Terms and Conditions and/or the Site are a material fact. You consent to personal jurisdiction in all courts in the State of Michigan for in any action disputes arising out of, relating to, or concerning these Terms and Conditions and the Site or in which these Terms and Conditions and/or the Site are a material fact.
15. Modification and Termination. By providing Site Content, HWM does not promise that the Site Content will remain available to you. By using this Site, you agree to accept and abide by these Terms and Conditions. If you do not agree to accept and abide by these Terms and Conditions, do not use the Site. HWM may revise or modify these Terms and Conditions from time to time and post such revisions or modifications on this page. If these Terms and Conditions are revised, the revised Terms and Conditions will be posted here with the date of the most recent version posted above. Continued use of the Site after any such revision or modification constitutes your acceptance of the Terms and Conditions as so revised or modified, and the revised or modified terms will completely replace any prior version of this agreement or other legal agreement regarding the same subject matter between you and HWM.
HWM may end this legal agreement with you at any time if you violate the terms of the agreement, if HWM is required to do so by law, or if HWM determines, in its sole discretion, that it is no longer commercially viable to continue offering you access to the Site. HWM shall have the right to assign or transfer any rights or licenses granted by these Terms and Conditions. Upon termination of this agreement, Sections 8-12 and 14 of this agreement shall survive, as well as any other provision necessary to preserve the intent of the parties' agreement as herein expressed.
16. Governing Agreement. These Terms and Conditions shall govern your legal relationship with HWM. However, if additional terms and conditions are at any time provided with respect to a particular service or feature of the Site, those terms and conditions will control with respect to the particular service or feature to which they relate if there is a conflict between the service- or feature-specific terms and these Terms and Conditions.
17. Contact Information. HWM welcomes your comments regarding these Terms and Conditions. If you have any questions, please feel free to contact HWM:
Hello West Michigan
111 Pearl NW
Grand Rapids, MI 49503
Main Fax: 616.771.0318
18. Limitation to the United States and to Adults. The use of this site is intended to be limited to the United States and to persons who have reached the age of 18 or the age of majority in the such person's location, whichever is later.
Copyright 2010 The Greater Grand Rapids Chamber Foundation. All Rights Reserved.