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TERMS OF USE
The following are terms of a legal agreement ("Agreement")
between you and The Ethan Allen Personnel Group ("Ethan Allen Personnel Group").
By accessing, browsing and/or using this web site ("Site")
you acknowledge that you have read, understood and agree to be
bound by these terms and to comply with all applicable laws and
regulations. If you do not agree to these terms, do not use this
Site. This Site may contain other proprietary notices and copyright
information, the terms of which must be observed and followed.
Information on this Site may contain technical inaccuracies or
typographical errors. Please read this Agreement carefully and
be aware that Ethan Allen Personnel Group may amend this Agreement at any time
without notice by posting the amended terms on this Site. Amendments
shall become effective thirty (30) days after the first day Ethan Allen Personnel Group posts any such amendment on this Site.
HYPERLINKING
Ethan Allen Personnel Group makes no representations whatsoever about any other
web site which you may access through this one. When you access
a non-Ethan Allen Personnel Group web site, please understand that it is independent
from Ethan Allen Personnel Group, and that Ethan Allen Personnel Group has no control over
the content on that web site, even if Ethan Allen Personnel Group provides information
or services to the owner of that web site. In addition, a link to
a non-Ethan Allen Personnel Group web site does not mean that Ethan Allen Personnel Group
endorses or accepts any responsibility for the content or the use
of such web site. It is up to you to take precautions to ensure
that whatever you select for your use is free of such items as viruses,
worms, trojan horses and other items of a destructive nature.
COPYRIGHTS AND USE OF SITE CONTENT
The copyright in all materials provided on this Site is held by
Ethan Allen Personnel Group or by the original creator of the material. Except
as stated herein, none of the materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise, without the prior
written permission of Ethan Allen Personnel Group or the copyright owner. Permission
is granted to display, copy, distribute and download the materials
on this Site on a single computer for your personal or internal
business use only provided that you do not modify the materials
and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates immediately
if you breach this Agreement. You may not "mirror" any
material contained on this Site without Ethan Allen Personnel Group's express
written permission. Any unauthorized use of the materials contained
on this Site may violate copyright laws, trademark laws, the laws
of privacy and publicity and/or communications regulations and statutes.
All content and functionality on this Site, including text, graphics,
logos, icons, and images and the selection and arrangement thereof,
is the exclusive property of Ethan Allen Personnel Group or its licensors and
is protected by U.S. and international copyright laws. All rights
not expressly granted are reserved.
Copyright Notice - © 2002 Ethan Allen Personnel Group
TRADEMARKS
The trademarks, service marks and logos (the "Trademarks")
used and displayed on this Site are registered and unregistered
Trademarks of Ethan Allen Personnel Group. Other company, product, and service
names may be trademarks or service marks of others. Nothing on this
Site should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Trademark displayed on
this Site, without the prior written permission of Ethan Allen Personnel Group.
Ethan Allen Personnel Group aggressively enforces its intellectual property rights
to the fullest extent of the law. The name Ethan Allen Personnel Group or any
other Trademarks may not be used in any way, including in advertising
or publicity pertaining to distribution of materials on this Site,
without prior written permission from Ethan Allen Personnel Group. Ethan Allen Personnel Group
prohibits use of Ethan Allen Personnel Group or any other Trademark as part of
a link to or from any site unless establishment of such a link is
approved in advance by Ethan Allen Personnel Group in writing. Fair use of Ethan Allen Personnel Group's Trademarks requires proper acknowledgment.
USER POSTINGS
You acknowledge and agree that Ethan Allen Personnel Group shall own and have
the unrestricted right to use, publish, in electronic form and otherwise,
distribute and exploit any and all information that you post or
otherwise publish on this Site. You hereby waive any claim against
Ethan Allen Personnel Group for any alleged or actual infringements of any rights
of privacy or publicity, moral rights, or rights of attribution
in connection with Ethan Allen Personnel Group's use and publication of such
submissions. By submitting any creative ideas, concepts, know-how,
techniques, suggestions or materials (collectively, "Submissions"),
you are automatically granting Ethan Allen Personnel Group a perpetual, royalty-free,
non-exclusive, unrestricted, worldwide and irrevocable right and
license to use, reproduce, modify, publish, translate, prepare derivative
works based upon, distribute, perform or display such Submissions,
in whole or in part, in any form, media or technology known or hereafter
developed for any purpose, including, but not limited to, advertising
and promotional purposes (collectively, "Rights"). This
means that anything submitted by you to this Site will be owned
by Ethan Allen Personnel Group and may be used by Ethan Allen Personnel Group for any purpose,
now or in the future, without any payment to, or further authorization
by, you. You covenant that you shall not post or otherwise publish
on the Site any materials that (i) are threatening, libelous, defamatory,
or obscene; (ii) would constitute, or that encourage conduct that
would constitute a criminal offense, give rise to civil liability,
or otherwise violate law; (iii) infringe the intellectual property,
privacy, or other rights of any third parties; (iv) contain a computer
virus or other destructive element; (v) contain advertising; or
(vi) constitute or contain false or misleading statements. Ethan Allen Personnel Group reserves the right to refuse to post and the right to remove
any information, in whole or in part, for any reason.
NO SERVICES OR PROFESSIONAL CONSULTATION
There may be delays, omissions or inaccuracies in information obtained
through your use of this Site. This information is provided to you
with the understanding that Ethan Allen Personnel Group's provision of this information
to you does not constitute the rendering of investment, consulting,
legal, accounting, tax, career or other advice or services. Information
on this Site should not be relied upon for making business, investment
or other decisions or used as a substitute for consultation with
professional advisors. Moreover, Ethan Allen Personnel Group does not represent
or endorse the accuracy or reliability of any advice, opinion, statement,
or other information displayed, uploaded, downloaded or distributed
through this Site by Ethan Allen Personnel Group, any user, information provider
or any other person or entity. You acknowledge that any reliance
upon such opinion, advice, statement, memorandum, or information
shall be at your sole option and risk.
ACCESS TO THIS SITE
Ethan Allen Personnel Group may alter, suspend or discontinue this Site or your
access to use this Site at any time for any reason without notice
or liability. This Site may become unavailable due to maintenance
or malfunction of computer equipment or for other reasons and may
result in damages to the user's systems or operations. The user
shall be solely responsible for ensuring that any information or
content obtained from this Site does not contain any virus or other
computer software code or subroutine designed to disable, erase,
impair or otherwise damage the user's systems, software or data.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, Ethan Allen Personnel Group DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SPECIFICALLY, BUT WITHOUT LIMITATION, Ethan Allen Personnel Group DOES NOT WARRANT
THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE;
(2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE
IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY
WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "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 SETTLEMENT WITH THE DEBTOR."
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Ethan Allen Personnel Group OR ANY OF ITS PREDECESSORS,
SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS
AND THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING
BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION
CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING
FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF
Ethan Allen Personnel Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Ethan Allen Personnel Group'S AND/OR ITS PREDECESSORS', SUCCESSORS',
PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS',
INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES', AND ATTORNEYS'
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO ALL USERS.
INDEMNIFICATION
You hereby indemnify, defend, and hold harmless Ethan Allen Personnel Group and/or
any of its predecessors, successors, parents, subsidiaries, affiliates,
officers, directors, shareholders, investors, employees, agents,
representatives, and/or attorneys (collectively, the "Indemnified
Parties") from and against any and all liability and costs,
including, without limitation, reasonable attorneys' fees, incurred
by the Indemnified Parties in connection with any claim arising
out of or relating to any breach by you of this Agreement or the
representations, warranties, and covenants you have made by agreeing
to the terms of this Agreement. You shall cooperate as fully as
reasonably required in the defense of any such claim. Ethan Allen Personnel Group
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by
you.
ENFORCEMENT OF TERMS AND CONDITIONS
This Agreement is governed and interpreted pursuant to the laws
of the State of New York, United States of America,
notwithstanding any principles of conflicts of law. You expressly
agree that exclusive jurisdiction resides in the courts of the State
of New York. You further agree and expressly consent to the
exercise of personal jurisdiction in the State of New York
in connection with any dispute or claim involving Ethan Allen Personnel Group.
If any part of these terms is unlawful, void, or unenforceable,
that part will be deemed severable and will not affect the validity
and enforceability of the remaining provisions. Ethan Allen Personnel Group may,
in its sole discretion and without notice, revise these terms at
any time by updating this posting.
INFRINGEMENT NOTICES AND TAKEDOWN
Ethan Allen Personnel Group prohibits the posting of any information that infringes
or violates the copyright rights and/or other intellectual property
rights (including rights of privacy and publicity) of any person
or entity. If you believe that any material contained on this Site
infringes your copyright, you should notify Ethan Allen Personnel Group of your
copyright infringement claim in accordance with the following procedure.
Ethan Allen Personnel Group will process notices of alleged infringement which
it receives and will take appropriate action as required by the
Digital Millennium Copyright Act (DMCA). The DMCA requires that
notifications of claimed copyright infringement should be sent to:
info@ethanallenpersonnel.com
To be effective, the notification must be in writing
and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site;
Identification of the material that is claimed
to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit the service provider
to locate the material;
Information reasonably sufficient to permit the
service provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted;
A statement that the information in the notification
is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and
Ethan Allen Personnel Group with respect to the subject matter of this Agreement
and supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding that subject matter. Any
waiver of any provision of this Agreement will be effective only
if in writing and signed by Ethan Allen Personnel Group.
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