TERMS OF SERVICE
THE TERMS, CONDITIONS AND NOTICES BELOW WILL GOVERN YOUR USE OF THE INSOURCED WEB SITE. THEY ALSO PROVIDE NOTICE OF SOME OF INSOURCED POLICIES. PLEASE READ THEM CAREFULLY!
The Insourced Web Site is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions and notices contained herein. The "System" also refers to all information, text and visual images, software, products and services used or available via the System. Any and all rights not expressly granted in these Terms, Conditions and Notices (collectively, these "Terms") are reserved by Insourced. Insourced reserves the right to change these Terms, at its sole discretion, at any time or from time to time. Your use of the System means that you’ve read all of these Terms and agree to them. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please contact us.
Employers
By creating an Employer Account with Insourced, you agree that you are an Authorized Agent of the company or companies that will be soliciting employment applications through your Employer Account.
Staffing Companies, Temporary Placement Companies, Employment Agencies, Recruiting Companies, and Recruiters may only post open positions for which they or their company are authorized to engage in hiring processes.
Job Descriptions and Company Descriptions must be original and may not be duplicates of existing Job Descriptions or Company Descriptions from third-parties or third-party web sites.
No Affiliate Content or third-party Job Listings will be permitted on the Insourced Web Site. If submitted content is deemed to be non-proprietary, duplicate, or affiliate content, the offending Employer Account will be immediately suspended until the offending content is removed or the Employer Account is terminated.
Job Seekers
By creating a Job Seeker Account with Insourced, you are granted access to submit Employment Application Materials directly to Employers through the Job Listings on the Insourced Web Site.
Contact with Employers must be for the purposes of gaining direct employment for the Job Seeker Account Holder. Job Seekers determined to be contacting Employers for purposes other than gaining direct employment will have their Job Seeker Account terminated.
Modification of Terms of Service
Insourced reserves the right to make changes at any time to the Terms of Service, as well as other changes to this Site. Any changes are effective immediately upon posting on this Site. You are responsible for reviewing regularly the Terms of Service on this Site as they are binding upon your relationship with Insourced.
Trademarks & Copyrights
Insourced is the owner of all intellectual property rights (including copyrights) in the Insourced Web Site. Material published by Insourced on the Insourced Web Site may contain other proprietary notices or describe products, services, processes or technologies owned by Insourced or third parties. Nothing in these Terms or in the Site shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Insourced or any third party, except as expressly set forth herein.
The deletion or alteration of any copyright or other proprietary notices from the Insourced Web Site is strictly forbidden.
"Insourced" and certain other names or logos are trademarks of Insourced and all related product and service names, design marks and slogans are the trademarks or service marks of Insourced. All other product and service marks contained herein are the trademarks of their respective owners. The "look" and "feel" of Insourced’s site (including color combinations, button shapes, layout, design and all other graphical elements) are also Insourced’s trademarks or copyrights.
All editorial content and graphics on this Site and the Website are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of Insourced, which reserves all rights. Re-use of any of Insourced's editorial content and graphics for any purpose is strictly prohibited without Insourced’s prior written permission.
Please be aware that the information, software, products and services published on this Site may include inaccuracies, typographical errors or out-of-date information. Changes are made and items added to the Site and the information on it from time to time. Insourced may make such changes or additions at any time at its sole discretion.
Other Parties, Web Sites and Information
This System may contain hyperlinks or other connections to Web Sites operated by parties other than Insourced, including but not limited to those of the Insourced Employers or its Advertisers. Insourced does not control these Web Sites and is not responsible for them, including for their availability, content or any viruses or harmful software/programs accessed through them. Insourced’s inclusion of hyperlinks or other connections to such Web Sites does not imply any endorsement of the material on them or any association with their owners or operators. Insourced takes no responsibility whatsoever for the activities of Job Seekers or Insourced Employers or Advertisers or the respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on the Insourced Web Site). Nothing on the Insourced Site shall be deemed to be an endorsement, representation or warranty with respect to any Employer, Advertiser, or Job Seeker or other third party, whether in regard to its Web Site, products, services or otherwise.
Your Use; Limited License.
The Insourced System is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the System, the Insourced Website as a whole software, products or services obtained from or available as part of or in conjunction with this System. You are granted a non-exclusive, non-assignable and non-transferable license to use the System only under these terms and conditions of use.
HEADHUNTERS, EMPLOYMENT PLACEMENT/OUTPLACEMENT AGENCIES, TEMPORARY WORKER AGENCIES, CONSULTANTS AND OTHER THIRD PARTIES, INCLUDING ANY THIRD PARTY CHARGING A FEE OR RESTRICTING COMPLETE ACCESS TO ALL RESUME INFORMATION, ARE PROHIBITED.
This license is not a sale of any of the owner's rights. The Insourced System may be used only by you, and you may not rent, lease, lend, sub-license or transfer the System or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the System. You may not transfer to or store any data residing or exchanged over the Insourced System in any electronic network for use by more than one user unless you obtain prior written permission from Insourced.
If you violate any of these Terms and Conditions of Use, this limited license terminates automatically and you must immediately destroy all copies of any materials, content, or information that you may have obtained on or through this Site.
Your Responsibilities.
The Insourced Site may be used only for lawful purposes by individuals seeking employment and employers seeking employees. As one of the conditions of your use of the Insourced System, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the System for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is YOUR RESPONSIBILITY to ensure that your use of the System complies with these terms, conditions and notices and to seek prior written permission from Insourced for any uses not permitted or not expressly specified herein .
In connection with your use of our System, you will not:
1. Transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another's right of privacy or publicity;
2. Impersonate any person or entity, including but not limited to, a Insourced official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
4. Post or transmit any Content that contains a virus or corrupted data;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
6. Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam,""chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
8. Violate any applicable local, state, national or international law; and
9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
a. Post any incomplete, false or inaccurate resume information or information which is not your own accurate application (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
b. Respond to any employment opportunity on the System for any reason other than to apply for the job. Communications soliciting the employer's business by our competitors are prohibited.
12. Post to the System any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
13. Delete or revise any material posted by any other person or entity.
14. Print out or otherwise copy or use any personally identifiable information about employees or business information about employers. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.
Use the Site for any purpose that could damage, disable, or otherwise interfere with the operation of the Site or any other web site, or with any other person's or entity's use or enjoyment of this Site or any other web site.
No Professional Advice
None of the services, materials, content, or information available on or through this Site or the System constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your situation from a qualified professional if you have any questions regarding any such matters.
Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of Insourced, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such 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 overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) 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. Insourced may 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.
Your Grants.
By submitting (e.g., uploading) Content to the System, you automatically grant Insourced the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the System), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Content have been waived. Insourced and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the System. Without limiting the foregoing, Insourced and its designees shall have the right to remove any Content that violates these Terms or are otherwise objectionable.
Indemnification
You agree to defend, indemnify and hold Insourced harmless from any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another.
Monitoring, etc.
Insourced is under no obligation to monitor the information residing on or transmitted via this System. However, you agree that Insourced may monitor the System Contents to (1) comply with any applicable laws, regulations or other government requests; (2) to operate the System properly or to protect itself and its users and Subscribers; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. Insourced reserves the right to modify, reject or eliminate any information residing on or transmitted to its System that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.
Information Collection.
The very nature of the service Insourced provides you requires that we gather, process, use and distribute information which you provide directly (e.g., name, physical address, e-mail address, resume), as well as information regarding the manner in which you use the System. Insourced cannot guarantee that your information will be prevented from being viewed by any particular party.
If you have directly submitted information and would like us to remove it from our database, please contact us at the email address or phone number listed above and we will use reasonable efforts to delete your information from our then existing files. At your request, we will also make reasonable efforts to forward a similar request on to up to five Subscribers specified by you; however, we cannot control, or be liable for such efforts, or for any past, present or future action or inaction by any of our Subscribers.
Warranty and Liability Disclaimers & Limitations.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SYSTEM AND THE INTERNET GENERALLY. THIS SYSTEM AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY INSOURCED, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. INSOURCED EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SYSTEM OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US AS THE SYSTEM PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR SYSTEM. WE MAKE NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY JOB VIA THE SYSTEM, NOR ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN.
INSOURCED DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THE SYSTEM OR ANY OTHER MATERIAL ACCESSIBLE FROM THE SYSTEM. IN NO EVENT SHALL INSOURCED BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SYSTEM OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THIS OF THIS SYSTEM, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF INSOURCED HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN INSOURCED’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $500.00.
YOU AGREE THAT THIS DISCLAIMER OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, YEAR 2000 NON-COMPLIANCE, OR ANY THEFT , DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE, TORTIOUS CONDUCT, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. YOU FURTHER AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES TO ANY EMPLOYMENT, CAREER, LEGAL OR FINANCIAL DECISIONS THAT YOU MAY MAKE, AND AGREE THAT THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES THAT ARISE FROM OR RELATE IN ANY WAY TO LINKED WEB-SITES, ANY THIRD PARTY'S CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES, OR ANY THIRD PARTY'S ACTS OR OMISSIONS.
Miscellaneous.
No Partnership, etc. You agree that no joint venture, partnership, employment or agency relationship exists between you and Insourced (or any of Insourced Subscribers) as a result of this agreement or your use of this System.
Certain Legal Requirements. Insourced's performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish Insourced's right to comply with law enforcement requests or requirements relating to your use of the System or information provided to or gathered by Insourced with respect to such use.
Agreement. These terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Insourced, its System or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Certain Rights & Obligations. Insourced shall have the right to terminate your ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. The user may not assign any part of this Agreement without Insourced prior written consent. The user shall pay any taxes, except for those based on Insourced's annual net income. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
Enforcement, Interpretation, etc. These terms shall be governed by Virginia, excluding its conflicts of law principles, and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Henrico County, Virginia, U.S.A. Use of this System is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Notwithstanding the foregoing sentence, these terms shall be severable and construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court. Given the nature of these terms, you understand and agree that, in addition to money damages, Insourced will be entitled to equitable relief upon a breach of them by you.