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Ownership of Proprietary Marks and Information.
ZUMEO retains exclusive ownership of any Proprietary Content and copies thereof, including any and all trademark, copyright, title, logos, ideas, and intellectual property rights. This Agreement is not intended to transfer any ownership of ZUMEO'S Proprietary Content to the USER.
User's Prohibited Conduct. Proprietary Information.
USER shall refrain from copying, using or otherwise infringing upon any other USER'S or third party's Proprietary Information (including but not limited to the USER'S or third party's trademark, copyright, title, logos, ideas and intellectual properties). In the event, ZUMEO is notified or becomes knowledgeable of the USER'S violation of this provision, ZUMEO shall have the automatic right to cancel and terminate USER'S account. However, ZUMEO shall not be deemed in breach of any duty or responsible or liable for failure to penalize or otherwise prosecute a USER'S violation of this provision. Not withstanding the foregoing, ZUMEO shall not be responsible nor liable for monitoring, supervising or reviewing USER's content to determine whether it infringes upon any other USER'S proprietary rights. ZUMEO shall not be responsible nor liable for any USER's violation of this provision or otherwise infringement upon another USER'S or third party's proprietary rights. USER shall hold ZUMEO harmless from any and all claims related to such content.
User's Prohibited Conduct. Content of Communications.
USER shall refrain from posting any content that is obscene, morally reprehensible, indecent or any other content that offends the reasonable person. ZUMEO, in its sole and exclusive discretion, may determine if any USER's content violates the provision herein. In the event, ZUMEO is notified or becomes knowledgeable of any violation of this provision, ZUMEO may remove the violating content and in its sole discretion, may either issue a warning to the offending USER or may terminate the USER'S account. Notwithstanding the foregoing, ZUMEO is not responsible for nor liable for monitoring, supervising, reviewing or penalizing USER'S content. ZUMEO shall not be responsible nor liable for any USER'S content posted via this website by USER or any other party. ZUMEO is not responsible or liable for any negligent or false misrepresentations, fraudulent statements or omissions or any other communicated posted by USER or any other USER of this website. USER shall hold ZUMEO harmless from any and all claims related to such content.
a. USER agrees to indemnify, defend and hold harmless ZUMEO and its affiliates and their respective officers, directors, agents, employees and subsidiaries to the fullest extent permitted by law from and against any and all Losses resulting from, arising out of or relating to any tort, breach of any representation, warranty, covenant or agreement by and between User and an Employer or User/Employer any other third party relating to the services provided by ZUMEO herein.
b. USER agrees to indemnify, defend and hold harmless ZUMEO and its affiliates and their respective officers, directors, agents, employees and subsidiaries to the fullest extent permitted by law from and against any and all Losses resulting from, arising out of or relating to any breach of any representation, warranty, covenant or agreement arising out of or relating to any allegation that the User's Content infringes a third person's trade name, copyright or trademark right or title to proprietary information or misappropriation of a third persons' trade secrets.
c. USER agrees to indemnify, defend and hold harmless ZUEMO and its affiliates and their respective officers, directors, agents, employees and subsidiaries to the fullest extent permitted by law from and against any and all Losses resulting from, arising out of or relating to any breach of the USER'S violation of this Agreement, including but not limited to Paragraph 4(c) herein.
Zumeo.com's electronic information accessibility and 508(c) compliance as the foremost provider of e-recruiting and web service solutions to the California State University system, Zumeo.com, LLC. recognizes its responsibility to develop electronic and information technology (EIT) products and services that are accessible and usable by all people, including those with disabilities and special needs.
Zumeo.com is committed to making its products and services compliant with the accessibility standards of Section 508 (Electronic and Information Technology Accessibility Standards, 36 C.F.R. § 1194). These regulations implement Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794d) and the Web Content Accessibility Guidelines 1.0 (WCAG 1.0) published by the Web Accessibility Initiative of the World Wide Web Consortium (W3C). The foundation of Zumeo.com is build around the availability of modern web technologies. These technologies provide the average web user with a more immersive and engaging experience. Due to the fact that this experience cannot be accomplished under the restrictions of 508c standards, a 'text-only' version of Zumeo.com will be developed. This 'text-only' version will comply with 508c standards according to Subpart (B), Standard (1194.22). According to Section 508 Standards, Subpart (B), Standard (1194.22), paragraph (k):æ"A text-only page, with equivalent information or functionality, shall be provided to make a web site comply with the provisions of this part, when compliance cannot be accomplished in any other way. The content of the text-only page shall be updated whenever the primary page changes."
In accordance with Section 508(c), Zumeo.com's products and services are designed to comply with the applicable accessibility standards to the maximum extent practicable. Zumeo.com supports the efforts of the federal government and legislature to make electronic information products and web based products accessible to federal employees and the public. Zumeo does not take responsibility for the compliance or non compliance of third party content providers/partners such as Career TV or Job Central.
Zumeo.com will work with all of its customers, including government agencies, government requirements officers, procurement officers and other personnel to help them comply with the new regulations and to promote the procurement of accessible products and services. If you have any comments or questions about Zumeo.com products and accessibility, or the procurement of accessible Zumeo.com products, please send inquires to support@zumeo.com.
a. Non Liability for Technological Problems:
No Party shall have liability in the event that technological problems, including but not limited to site disruption, virus, or other acts outside the control of the Parties limits or prevents ZUMEO from posting User's content or providing services to User.
b. No Incidental or Consequential Damages:
NO PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES, LOST PROFITS OR LOST PROSPECTIVE ECONOMIC ADVANTAGE OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR ANY BREACH HEREOF EVEN IF ADVISED OF THEIR POSSIBILITY.
c. DISCLAIMER OF WARRANTIES.
All services provided by ZUMEO are "as is." NO WARRANTY OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES PROVIDED HEREIN IS PROVIDED TO THE USER. THERE ARE OTHER WARRANTIES PROVIDED WITH REGARD TO THE SERVICES OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN.
d. No Liability for Stolen Credit Cards.
ZUMEO shall not be responsible or liable for any credit card Furnished for payment of services which has been stolen or has otherwise been subjected to fraud. ZUMEO shall not be responsible or liable for investigating whether a credit card furnished for payment of services has been procured through fraud or otherwise. However, in the event that ZUMEO has been notified of or Becomes knowledgeable of a stolen credit card produced for payment of services, ZUMEO shall notify the USER and shall cease use of the credit card.
RELATIONSHIP OF THE PARTIES
The Parties understand that ZUMEO merely facilitates the exchange of information by and between the USER and other USERS of this website. The Parties agree and it is hereby established that this Agreement does not provide that any Party is a general or special agent of the other, nor legal representative, subsidiary, employee or employer, joint venturer, partner or servant of any other Party herein for any purpose. The Parties acknowledge and agree that ZUMEO is not a party to any prospective relationship or relationship established between USER and EMPLOYER or USER/EMPLOYER or any other USER or third party by virtue of USER's use of the services provided by ZUMEO.
NO THIRD PARTY BENEFICIARIES
This Agreement is for the sole benefit of the parties hereto. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
FORCE MAJEURE
In the event that an act of Force Majeure takes place, affecting the performance of this Agreement, the performance of this Agreement shall be deemed suspended and no breach shall have occurred. For purposes of this Agreement, Force Majeure shall mean any event which a party hereto could not foresee and which is not caused by a party hereto, including but not limited to Acts of God or public enemy, fire, flood, Internet failures and/or viruses, national emergency, strikes or labor disputes, which renders impossible or impracticable the performance of contractual obligations either totally or in part.
ENTIRE AGREEMENT
These Terms and Conditions constitutes the entire understanding of the parties related to the subject matter hereof and these Terms and Conditions shall control and supersede any prior understanding, communication, contract, agreement or otherwise between the Parties.
WAIVER
No waiver of any provision hereof or any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such a waiver is sought to be enforced. No delay in exercising no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof.
SEVERABILITY
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
CONSTRUCTION
This Agreement has been jointly negotiated by the Parties and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party.
GOVERNING LAW
This Agreement shall be governed by and construed pursuant to the laws of the State of Oregon, without regard to principles of conflict of laws. Exclusive venue and jurisdiction of any dispute arising out of or relating to this Agreement shall be in Jackson County, Oregon.
HEADINGS AND CAPTIONS
The headings in this Agreement are for reference only and shall not affect the meaning of any provisions of this Agreement.