This page states the “Terms and Conditions” under which you may use scottelkin.com (”the Web Site”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and close your web browser immediately. By using this website, you are indicating your acceptance to these Terms and Conditions. The Web Site may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.
ACCEPTABLE SITE USE
(a) Specific Prohibited Uses. The Web Site may be used only for lawful purposes. The Web Site specifically prohibits any use of this Site, and requires all users to agree not to use this Site, for any of the following: (i) Do Not post to the Web Site any incomplete, false or inaccurate information or information which is not your own. Do not post unrelated information such as opinions or notices, commercial or otherwise. Do Not delete or revise any material posted by any other person or entity. (v) Do Not print out or otherwise copy or use any personally identifiable information about anyone mentioned on this site. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.
USE OF PROPRIETARY SOFTWARE
Subject to the terms and conditions of this Service Agreement, the Web Site grants you an individual, personal, non-sub licensed, non-exclusive and non-transferable license (the “License”) to use its proprietary software and website, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for time sharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that the Web Site and its licensees retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will destroy and cease to use the software. THE SOFTWARE IS PROVIDED “AS IS” AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this website you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
The Web Site does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The Web Site acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Web Site may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. the Web Site has no liability or responsibility to users for performance or nonperformance of such activities. The Web Site reserves the right to expel users and prevent their further access to the website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Web Site may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Web Site or may cause the Web Site to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting content to any public or non-public area of the website, including message boards, forums, contests and chat rooms, you grant the Web Site and its affiliates the loyalty-free, perpetual, irrevocable, sub-licensed (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content.
The Service consists of email, Google Earth software, data encryption, data publishing, data transmission, data access (as available) and, if applicable, synchronization software and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the Service. The Web Site makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. The Web Site reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.
Using automated submissions is specifically prohibited. (b) Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”, or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any the Web Site 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. The Web Site will 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. (c) General Rules. Users may not use this Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, threatening, abusive or hateful.
Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by the Web Site.
Reference to any external products, services, hypertext link outside third parties or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply that the owners of the trade name, trademark, web site or service mark offer any endorsement, sponsorship or recommendation of the Web Site in any way.
The Web Site may provide hyperlinks to other Internet sites only for the convenience of our World Wide Web users. These “Links” are provided only as an informational resource as a service to our users. These “Links” include the links to other employment sites in our job search results pages.
The Web Site is not responsible for the availability or content of these external sites, nor does the Web Site endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites.
Please note that many of the links provided are not on one of the Web Site’s servers and are not maintained by us or affiliated with any services provided by us. These links are provided simply as a service, and it should not be implied that we recommend, endorse or approve of any of the content at the linked site(s). The link information and reference materials are intended solely for the information of the reader.
Please also note that any site that we offer an external link to does not necessarily recommend, endorse or approve of the Web Site. Nor are these sites affiliated with the Web Site in any way.
REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Web Site of any unauthorized use of your registration or password.
THE WEB SITE’S LIABILITY
The Web Site is only a venue and does not screen or censor the data being offered. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the website. Because user authentication on the Internet is difficult, the Web Site cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, in the event that you have a dispute with one or more users, you release the Web Site (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site. The Material may contain inaccuracies or typographical errors. The Web Site makes no representations about the accuracy, reliability, completeness, or timeliness of the website or the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material contained therein placed by you on the website. THE WEB SITE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE WEB SITE IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WEB SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
TERMINATION: The Web Site reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to you by the Web Site, upon any breach by you of these Terms and Conditions or if the Web Site is unable to verify or authenticate any information you submit to the Website registration with or ability to access the Website. The Web Site will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of.
INDEMNITY: You agree to defend, indemnify, and hold harmless the Web Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Web Site shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
U.S. GOVERNMENT MATTERS
You may not remove or export from the United States or allow the export or re-export of any part of the software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and Documentation licensed in this Service Agreement are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Service Agreement.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferrable or sub-licenseable by you except with the Web Site’s prior written consent. This Service Agreement will be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Service Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind the Web Site in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
DISCLAIMER: YOUR USE THIS SITE AT YOUR OWN RISK. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WEB SITE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEB SITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THIS WEBSITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. WE RETAIN THE RIGHT TO REVISE THESE RULES AT ANY TIME.
WARNING: ANY USE OF THE SITE IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF THE SITE SPONSOR AND MAY RESULT IN LEGAL ACTION AGAINST YOU.
ZERO TOLERANCE SPAM POLICY
It is strictly forbidden to use ANY the Web Site service to send spam (unsolicited commercial email). Spamming by the Web Site users, partners or affiliates will not be tolerated. Should we discover that you have sent Spam we will immediately cancel any account you may have with us and pursue every available legal remedy and recover any damages caused by sending Spam (unsolicited commercial emails).