WINEANDHOSPITALITYJOBS.COM TERMS AND CONDITIONS
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEB SITE. USING OR ACCESSING ANY SERVICES OR INFORMATION PROVIDED BY THIS WEB SITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. THE TERMS “USE” OR “USING” FOR THE PURPOSE OF THESE TERMS AND CONDITIONS MEAN COPYING, INSTALLING, DOWNLOADING, ACCESSING, DISPLAYING OR OTHERWISE INTERACTING WITH THIS WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE WINEANDHOSPITALITYJOBS.COM SERVICES AND/OR THE WEB SITE. BY USING WINEANDHOSPITALITYJOBS.COM SERVICES OR THE WEB SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
WINEANDHOSPITALITYJOBS.COM RESERVES THE RIGHT TO MODIFY AND/OR AMEND THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING AT ANY TIME. YOU ARE RESPONSIBLE FOR FREQUENTLY REVIEWING THESE TERMS AND CONDITIONS TO ENSURE YOU ARE IN COMPLIANCE. ANY CHANGES OR MODIFICATIONS BY WINEANDHOSPITALITYJOBS.COM ARE BINDING.
All users (“Users”), whether or not they are members of any WineAndHospitalityJobs.com Web Site(s) and its services (the “Web Site”), are subject to all the following terms and conditions of use.
User privacy is of great importance to WineAndHospitalityJobs.com; therefore, our privacy practices are consistent with industry standards. WineAndHospitalityJobs.com’s objective is to streamline the recruiting and hiring process for employers and the job search process for employees. The goal of WineAndHospitalityJobs.com is to provide employees and employers with a gateway to the electronic employment marketplace. In order to provide these services, WineAndHospitalityJobs.com collects certain information about its Users and may disclose that information in connection with providing its Users with the services they request or as required by law. WineAndHospitalityJobs.com does not sell, rent or otherwise provide any personally identifiable information about Users of the Web Site to third-party marketers or solicitors.
As part of the services WineAndHospitalityJobs.com provides, the following information is collected and stored:
Information provided by Users to WineAndHospitalityJobs.com in connection with employment search services. This factual information would include name, address, phone number, type of job or employee sought, salary expectations, etc. This type of information is used for the applicable employment search services requested.
Financial information, including credit card information provided by Users to bill for the services of the Web Site. This information is only used for billing purposes and not disclosed to third parties other than for billing purposes.
WineAndHospitalityJobs.com tracks usage information on the Web Site, such as time and date the Web Site is accessed and the domain name from which the Web Site was accessed. This information is used for internal research to improve the Web Site and the services offered to our Users.
The information provided by Users to WineAndHospitalityJobs.com for the employment services available on the Web Site is used and disclosed in providing the employment services requested. Registered Users (a “Member”) of the Web Site have the ability to post either resumes and profiles or jobs and job requirements on the Web Site. Once posted, this information may be accessed only by other Members through WineAndHospitalityJobs.com’s service which allows Members to search employment positions or employees. The WineAndHospitalityJobs.com Website facilitates interaction between Member employee recruiters and Member potential employees. However, a Member may prevent their posted information from being available to any other Members by electing to “hide profile” on their account. Once the profile has been hidden in the Member account, posted information is prevented from being retrieved in any other Members. Please note: By hiding your profile other Members of the Web Site (employers) will be prevented from obtaining the member profile in connection with any employment search. Hiding your profile does not impair the ability of a Member to conduct a job search and send their profile in conjunction with that job search.
WineAndHospitalityJobs.com reserves the right to engage in database exchanges with other employment Web Sites and to provide links to other Web Sites in an effort to better meet the needs of its Users and to provide higher quality employment search services.
Your Use of Third Parties Information
In accessing the Web Site, User agrees to respect other Users’ personal information obtained through the Web Site and to abide by all Terms and Conditions for the use of the Web Site. WineAndHospitalityJobs.com grants you a revocable license, subject to all of the Terms and Conditions, to use the information obtained from the Web Site only for your personal, non-commercial purposes and employment/employee searches. Information obtained from other Web Site Users may not be used for any other reason unless express written consent is provided by the other User after full disclosure of all of intended purpose for which information is gathered.
Membership Identification and Password
Members agree not to disclose membership identification or password to any other party. Individual Members are responsible for any transactions undertaken with membership identification and password, regardless of whether the transactions are authorized. Further, Members are responsible for maintaining the confidentiality of membership identification and password. If a Member determines that or suspects that there is unauthorized use of membership identification or password , Member agrees to notify WineAndHospitalityJobs.com immediately.
Access to job seeker and employer profiles is restricted to Members with a current, valid membership identification and password. WineAndHospitalityJobs.com uses standard industry practices in safeguarding Members’ personal information. WineAndHospitalityJobs.com does not accept personal financial information, such as credit card information, anywhere on it’s Website. WineAndHospitalityJobs.com however, cannot and does not guarantee the security or privacy of personal information.
USE OF WEB SITE
General. WineAndHospitalityJobs.com only provides a venue to engage in either recruiting and hiring employees or in seeking an employment opportunities. WineAndHospitalityJobs.com is only a passive conduit to provide employees and employers with a gateway to the electronic employment marketplace. WineAndHospitalityJobs.com is in no way affiliated or associated with any User or Member of the Web Site. WineAndHospitalityJobs.com is not the employer or employee of any User or Member of the Web Site. If any Terms or Conditions require WineAndHospitalityJobs.com’s consent, it is understood and agreed that WineAndHospitalityJobs.com’s prior written consent is required and consent may be withheld in WineAndHospitalityJobs.com’s sole discretion.
Only individuals capable of entering into legally binding contracts are allowed to use the Web Site. Users must be over the age of 18 years and not suffer from any other legal impediment.
When User posts any content on the Web Site, User grants WineAndHospitalityJobs.com a royalty-free, non-exclusive, perpetual, irrevocable and transferable license to use, reproduce, distribute, display and modify any content so posted on the Web Site. Subject to the rights granted to WineAndHospitalityJobs.com, User maintains rights in the posted content.
All intellectual property rights in the Web Site and any media contained on the Web Site are owned by WineAndHospitalityJobs.com or its agents or Members. The copyright protection claim includes all forms and matters of copyrightable material and information now allowed by statutory or common law or hereinafter granted, and the HTML code. Copying and distributing of the HTML is strictly prohibited. Users may not violate any copyright, trademark, patent or other intellectual property rights of WineAndHospitalityJobs.com or any other User of the Web Site. Any reproduction, distribution or display of any media obtained from the Web Site other than in strict compliance with the Terms and Conditions is a violation of WineAndHospitalityJobs.com’s and/or other Users’ proprietary rights in the media. Unauthorized use of the Web Site may result in a violation of the copyright, trademark, patent, or other intellectual property rights of WineAndHospitalityJobs.com or its other Users and may be actionable.
WineAndHospitalityJobs.com may adopt from time to time any mechanical or electronic methods that WineAndHospitalityJobs.com deems necessary to control unauthorized use of the Web Site or materials posted on the Web Site.
Use of the Web Site in violation of any federal, state or local statute, regulation or rule is strictly prohibited.
Web Site Postings
Users shall not use the Web Site in any way that, in WineAndHospitalityJobs.com’s sole discretion, is obscene, offensive, harassing or abusive. Users may not use the Web Site for the distribution of chain mail, chain letters or spam mail. Users may not post or place on the Web Site any sexually explicit materials. Users shall not place any viruses, worms, Trojan horses, or any other program on the Web Site or use any type of device that in any way interferes with the proper functioning of the Web Site or in any way damages the Web Site, media or content contained on the Web Site or damages any other Users of the Web Site. User acknowledges and agrees that User is solely responsible for any and all content User posts or places on the Web Site. By posting any content on the Web Site, User warrants that User has the right to use and post such content. All content posted on the Web Site shall contain accurate information and correctly identify User as the poster of the content. The Web Site may not be used for any false, fraudulent or misleading purpose. The Web Site may not be used for the posting, display or distribution of any advertising materials, without the consent of WineAndHospitalityJobs.com.
Right to Investigate
WineAndHospitalityJobs.com reserves the right to investigate complaints of improper and/or illegal use of the Web Site and to take all action WineAndHospitalityJobs.com, in its sole discretion, believes desirable or necessary.
Use of the Web Site in any manner inconsistent with these Terms and Conditions may result in suspension of use of the Web Site, expulsion from the Web Site, and/or prevention from using the Web Site in the future. WineAndHospitalityJobs.com reserves the right to immediately expel any User from the Web Site if, in its sole discretion, WineAndHospitalityJobs.com believes the continued use of the Web Site may subject the User, other Users, or WineAndHospitalityJobs.com to civil or criminal liability. WineAndHospitalityJobs.com has the right to prohibit and/or prevent any further use of the Web Site by any expelled User. Further, WineAndHospitalityJobs.com reserves the right to seek any other appropriate legal or equitable remedies available for a violation of the Terms and Conditions.
Content Review and Revision
WineAndHospitalityJobs.com reserves all rights to alter, modify and/or remove any media or content on the Web Site. WineAndHospitalityJobs.com reserves all rights to disable any hyperlinks posted on the Web Site without its consent.
No Violation of Web Site Security or Integrity
User shall not make any attempt to violate or bypass any security feature on the Web Site or to access any unauthorized area or data on the Web Site. User shall not decompile, cross compile, decipher, reverse engineer or otherwise adopt or modify any software in any way contributing to the design or function of the Web Site. User shall not alter, modify, or delete any other User’s postings on the Web Site. User shall not intercept or attempt to intercept any data exchanges taking place on the Web Site. User shall not use the Web Site in any way that will place an unreasonable load on the Web Site, its server(s), or its capabilities. User shall not in any way interfere or attempt to interfere with the proper functioning of the Web Site. User shall not use any program or device on the Web Site that is designed to “crash” the Web Site.
Web Site Access and Browser
User expressly agrees not to use any robots, spiders, avatars or other software, programs, or devices in connection with the use of the Web Site. Further, User agrees only to use generally commercially available web browsers, such as Netscape Navigator7 or Microsoft Internet Explorer7, to navigate the Web Site.
WineAndHospitalityJobs.com encourages Users to provide feedback on User’s experience with the Web Site. WineAndHospitalityJobs.com also welcomes Users’ ideas and suggestions for improvement of the Web Site. If User has any comments or suggestions, User may send them by way of e-mail by clicking on the “contact us” link.Note: By submitting any comments, suggestions or ideas to WineAndHospitalityJobs.com, User grants WineAndHospitalityJobs.com a royalty-free, non-exclusive, perpetual, irrevocable, transferable license to use, reproduce, distribute, display, modify, and create derivative works from the submitted material. Further, User grants WineAndHospitalityJobs.com exclusive ownership of and rights in any derivative works produced using such submitted material.
User hereby agrees to indemnify and hold harmless (including reasonable attorneys’ fees) WineAndHospitalityJobs.com, its affiliates, officers, directors, agents, and employees, from and against any and all liabilities arising from User’s use of the Web Site or User’s breach of any of these Terms and Conditions. User’s obligation to WineAndHospitalityJobs.com shall survive any expiration or termination of User rights as a User or Member of the Web Site. WineAndHospitalityJobs.com shall promptly notify User of any claim and WineAndHospitalityJobs.com may, at its option, conduct the defense in any such action arising as described herein and User promises to fully cooperate with such defense.
Venue and Governing Law
It is agreed that the laws of the state of New York shall govern without reference to the place of execution or performance, and the parties agree to submit to the courts of the state of New York.
Web Site Linking and Framing
For Users’ convenience, the Web Site contains frames and/or links to other Web Sites. These links to other Web Sites in no way imply any endorsement or guarantee by WineAndHospitalityJobs.com of the framed and/or linked Web Sites. WineAndHospitalityJobs.com cannot control and does not control any use of or content on other Web Sites.
Limitation of Liability
WineAndHospitalityJobs.com is not required to and generally does not monitor or filter any content on the Web Site or use of the Web Site.
WineAndHospitalityJobs.com disclaims any warranties as to the accuracy of any content posted on the Web Site by any Users.
WineAndHospitalityJobs.com disclaims any warranties as to the legality of any content on the Web Site by its Users or legality of use of the Web Site by its Users.
WineAndHospitalityJobs.com disclaims any responsibility for confirming or guaranteeing the identification of any User.
User accepts all responsibility for the risks associated with communicating and interacting with other Users, whose identities may or may not be known.
WineAndHospitalityJobs.com disclaims any warranties that the Web Site will operate error-free.
WineAndHospitalityJobs.com in no way warrants that the Web Site is free from viruses, worms, Trojan horses, or any other programs or devices that may interfere with the Web Site or User’s equipment.
WineAndHospitalityJobs.com disclaims any responsibility for any damage to any of User’s equipment damaged through the use of the Web Site.
THE WEB SITE AND ALL MEDIA AND CONTENT CONTAINED ON THE WEB SITE AND SERVER(S) ARE “AS IS.” TO THE FULLEST EXTENT ALLOWED BY LAW, WINEANDHOSPITALITYJOBS.COM DISCLAIMS AND MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE WEB SITE OR ANY CONTENT ON THE WEB SITE, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER WINEANDHOSPITALITYJOBS.COM NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR MAINTENANCE OF THE WEB SITE SHALL BE LIABLE TO USER FOR ANY DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED BENEFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH WEB SITE, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY, OR OTHERWISE, EVEN IF WINEANDHOSPITALITYJOBS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY ANY OTHER PARTY. WINEANDHOSPITALITYJOBS.COM’S LIABILITY FOR DAMAGES IN NO EVENT SHALL EXCEED $1,000.
Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
User and Member Support
Click on the Contact Us link if User or Member support is needed.
Since WineAndHospitalityJobs.com is in no way connected with any User and is in no way involved in any communications or transactions between Users, if User has a dispute with another User(s), User agrees to release WineAndHospitalityJobs.com, its affiliates, officers, directors, agents, and employees, from any and all claims and damages, including direct and indirect and actual and consequential damages, arising out of or in any way related to such disputes. If User is a California resident, User waives California Civil Code ‘ 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his executing the settlement with the debtor.”
No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented.
The captions used in the Terms and Conditions are for convenience and reference only, and in no way define, limit, or describe the scope or intent of these Terms and Conditions or in any way affect these Terms and Conditions.
If any term or provision of these Terms and Conditions or the application of these Terms and Conditions to any person or circumstances is, to any extent, invalid or unenforceable, the remainder of these Terms and Conditions, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
EXCEPT AS EXPRESSLY PROVIDED IN SECTION 27, ADDITIONAL TERMS, YOU AGREE THAT THESE TERMS AND CONDITIONS ARE A COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN WINEANDHOSPITALITYJOBS.COM AND YOU AND THAT IT SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS, DISCUSSIONS, AND PROPOSALS, ORAL OR WRITTEN, AND ANY AND ALL OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS.
USER ACKNOWLEDGES THAT USER HAS READ THESE TERMS AND CONDITIONS, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM.