Site Use Policy

Any information that is made available from the Elite Careers™ Web Site and this server ("Elite Careers Information") is the copyrighted work of Elite Careers™ and/or its parent and subsidiary organizations. Use of the Elite Careers Information is governed by the terms of these Terms and Conditions. Any use of the Elite Careers Web Site in violation of these Terms and Conditions is strictly prohibited.

The Elite Careers™ Information is made available for downloading solely for use by end users in accordance with these Terms and Conditions. Any reproduction or redistribution of the Elite Careers™ Information not in accordance with these Terms and Conditions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE H1BJOBS™ INFORMATION TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

NON-COPYING OF RESUMES AND JOB ORDERS.

You hereby agree that you will not copy, reproduce, distribute or otherwise take any of the resumes or job orders from the Elite Careers web site and use that information other than in accordance with the terms and conditions of this Agreement. SPECIFICALLY, YOU AGREE NOT TO DISTRIBUTE RESUMES OR JOB ORDERS TO ANY OTHER INDIVIDUAL WITHOUT THE EXPRESS WRITTEN CONSENT OF H1BJOBS; THAT YOU WILL NOT POST RESUMES OR JOB ORDERS ON ANY OTHER WEB SITE; AND THAT YOU WILL NOT REVEAL CONTACT INFORMATION OF A CANDIDATE OR CLIENT THAT YOU HAVE GOTTEN FROM H1BJOBS TO ANY OTHER INDIVIDUAL WITHOUT THE EXPRESS WRITTEN CONSENT OF H1BJOBS.

INTERFERENCE WITH WEB SITE.

You agree that you will not yourself, or allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Elite Careers web site, the services provided by Elite Careers and any activity on the Elite Careers web site. You will not take any action that may impose an unreasonable or disproportionately large load on our computing infrastructure. You will not insert any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect the Elite Careers computer systems. You are solely responsible for your password used to access the Elite Careers web site, and you will not disclose it to anyone else or share it with any third party or otherwise use it for any unauthorized purpose. Elite Careers may, from time to time and in its sole discretion, initiate feedback information. You will not take any action that will undermine the integrity of the feedback system, such as falsifying information about yourself or about any other party, using aliases or otherwise attempt to manipulate the feedback. Other rules regarding Elite Careers are posted at various pages throughout the Elite Careers web site. These rules have as binding an effect as this Agreement and are incorporated into this Agreement by reference and may be subject to change by Elite Careers without prior notice and in its sole discretion.

ACCURACY OF INFORMATION & VERIFICATION OF CLIENT.

Elite Careers has no control over the accuracy, quality or legality of the resumes or job orders that are posted on the web site. Additional risks arise out of dealings with people acting under false pretense or making deceitful representations. Although user authentication on the Internet is difficult, Elite Careers attempts to verify the legitimacy of each resume or job posting to the extent possible. However, this verification process notwithstanding, Elite Careers cannot and does not confirm that each user who accesses its web site is who they claim to be.

PRIVACY POLICY.

Elite Careers cannot and does not control information that other users make available through the Elite Careers web site. Even though prohibited by this Agreement and by Elite Careers's™ general policies, people may nevertheless provide information that is false, harmful or deceptive. Elite Careers has a Privacy Policy that covers its use of your information that is incorporated herein by reference and the terms of which you acknowledge that you have read and accept and agree to abide by such terms. This policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made. You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through the Elite Careers web site and the services provided therein. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the Elite Careers Privacy Policy and to further the goals contemplated by this Agreement.

BREACH AND TERMINATION.

You agree that Elite Careers may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by Elite Careers under this Agreement and through the Elite Careers web site immediately and without any further notice for any reason or if Elite Careers

COMPLY WITH APPLICABLE LAWS.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Elite Careers web site, the services provided therein, and the participation in any active commercial activity conducted in or through the Elite Careers web site. Other than as exclusively stated in this Agreement, there is no agency, partnership, joint venture, employer, employee, franchiser or other legal relationship between Elite Careers and you. Unless explicitly stated otherwise, any notices shall be given by email to the email address you provided to Elite Careers during the registration process. Alternatively, we may give you notice by certified mail, postage prepaid, to the address provide. You may not assign, transfer, resell or sublicense your rights or obligations under the terms and conditions of this Agreement.

NAVIGATION AND SEARCH ENGINES.

Notwithstanding anything to the contrary contained herein, You shall not use or attempt to use, and shall not cause each party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, worms, bots, avatars or intelligent agents) to navigate or search the Site other then the search engine and search agents available from Elite Careers™ on the site and other than generally available third party web browsers (e.g. Netscape navigator, Microsoft Internet Explorer).

THE H1BJOBS™ INFORMATION IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS HEREIN. H1BJOBS™ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE H1BJOBS™ INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, H1BJOBS™ MAY MAKE AVAILABLE ON THIS SERVICE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. H1BJOBS™ DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SERVICE OR IN H1BJOBS™ SOFTWARE PRODUCTS.

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.

Documents specified above do not include the design or layout of the Elite Careers™ Web Site or any other Elite Careers™ owned, operated, licensed or controlled site. Elements of Elite Careers™ Web Sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Elite Careers Web Site may be copied or retransmitted unless expressly permitted by Elite Careers™.

H1BJOBS™ AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. H1BJOBS™ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL H1BJOBS™ AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. H1BJOBS™ AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.

IN NO EVENT SHALL H1BJOBS™ AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE STATUTE WILL NOT RECEIVE A RESPONSE.

LINKS TO THIRD PARTY SITES.

THE LINKS IN THIS AREA WILL LET YOU LEAVE THE H1BJOBS™ WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF H1BJOBS™ AND H1BJOBS™ IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. H1BJOBS™ IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. H1BJOBS™ IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY H1BJOBS™ OF THE SITE.

UNSOLICITED IDEA SUBMISSION POLICY.

H1BJOBS™ OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN H1BJOBS'S™ PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO H1BJOBS™. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO H1BJOBS™ OR ANYONE AT H1BJOBS™. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT H1BJOBS™ MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

FEEDBACK AND INFORMATION.

ANY FEEDBACK YOU PROVIDE AT THIS SITE SHALL BE DEEMED TO BE NON-CONFIDENTIAL. H1BJOBS™ IS FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.

CONFIDENTIAL INFORMATION AND DATA.

Customer acknowledges that the Elite Careers Information consists of software which is proprietary and confidential to Elite Careers™ or its licensors; and all rights, title and interest therein or thereto, including without limitation, all patents, copyrights, trademarks and trade secrets remain in Elite Careers™ or its licensors. Therefore, Customer shall not disclose, directly or indirectly, or take any other action which would result in the unauthorized disclosure of any confidential or proprietary data whatsoever, including, but not limited to, reproduction of data furnished to Customer by Elite Careers™. The release of confidential information to Customer does not constitute a commercialization of the Test Product, but rather is a release for testing purposes only. Customer shall not disclose to any third party the terms of this Agreement nor the results of any Customer evaluation hereunder except with the written consent of Elite Careers™. Customer shall, upon Elite Careers™'s request, certify in writing as to the return or destruction of all such confidential information.

Customer shall not translate, copy, disassemble, reverse engineer, or decompile any Elite Careers Information, nor shall Customer make copies or translations of any Elite Careers Information or documentation. Furthermore, Customer will not make any pre-release reports or give pre-release interviews concerning the Elite Careers Information or the confidential information without Elite Careers's™ prior written consent.

DISCLAIMER OF WARRANTY.

Customer acknowledges that use of the Elite Careers Information may involve the transmission, upload, download, translation or transfer of its data to a server or computer platform outside of Customer's control, and some errors in the data may occur while transferring, transmitting or translating data while using the Elite Careers™ website . Elite Careers™ cautions Customer to determine for itself the suitability of the use of the Elite Careers Information for any purpose. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE USE OR PERFORMANCE OF THE H1BJOBS INFORMATION , INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACCEPTS THE PRODUCTS IN "AS IS" CONDITION, AND H1BJOBS™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF H1BJOBS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MISCELLANEOUS.

The laws of the Commonwealth of Pennsylvania, United States of America, without regard to conflicts of law rules shall govern this Agreement and the parties hereto agree to the exclusive jurisdiction of the Courts of the Commonwealth of Pennsylvania for any disputes arising out of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Customer shall not use the Elite Careers Information with knowledge or reason to know that it will be transported outside the country in which Customer's principal place of business is located. In addition to the foregoing, and not in lieu thereof, Customer agrees to comply with the export laws and regulations of the United States Government, or any other export laws, restrictions or regulations, as they apply to the exports of products and technical data from the United States and re-exports or transfers of products and technical data from other countries, and to furnish or complete such documentation as may be required.

Elite Careers reserves the right to restrict site use to the purposes for which it is intended (and not for pursuing other business opportunities or means of financial gain).

Elite Careers reserves the right to prohibit the use of the site for purposes harmful to the business interests of Elite Careers and companies related to it.

Elite Careers reserves the right to prohibit clients and candidates who make contact as a result of using the site from communicating anything threatening, abusive, hateful, racially or ethnically objectionable, vulgar or obscene.

COPYRIGHT NOTICE.

Copyright © 2005 Elite Careers™, LLC, 1910 Cochran Road, Suite 230, Pittsburgh, PA 15220 U.S.A. All rights reserved.

TRADEMARKS.

Elite Careers™ and/or other Elite Careers™ products referenced herein are either trademarks or registered trademarks of Elite Careers™. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

Contact www.elitecareers.com with questions or problems, as appropriate. By entering the Elite Careers™ Web Site, all users of the said Web Site specifically agree to these Terms and Conditions as they are amended from time to time.

Last Updated: September 30, 2001