Legal Notice, Policies, Terms and Conditions of Automation.com
THESE PAGES STATE THE NOTICES, POLICIES, TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE Automation.com WEB SITE. PLEASE READ THEM CAREFULLY. IF YOU DO NOT ACCEPT THESE NOTICES, POLICIES, TERMS AND CONDITIONS -- INCLUDING THE LIMITATIONS OF LIABILITY AND EXCLUSION OF WARRANTY -- PLEASE DO NOT USE OUR WEB SITE AND SERVICES.
Any and all rights not expressly granted in these Notices, Policies, Terms and Conditions, (collectively, these "Terms") are reserved by Automation.com.
Automation.com reserves the right to change these Terms, at its sole discretion, at any time by updating these pages; therefore, you should visit these pages periodically to read these terms.
To report any problems regarding this Web Site, please click here to contact us or call us toll free at 1.877.300.6792.
Intellectual Property Rights
Automation Resources, Inc., a Minnesota corporation doing business as Automation.com, is the owner of all intellectual property rights (including copyrights) in this Web Site. Material, including text, graphics, images, logos, buttons, icons, software, etc. published by us on this Web Site may contain other proprietary notices or describe products, services, processes or technologies owned by us or third parties. Except as expressly set forth herein, nothing in these Terms or in this Web Site shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of Automation.com or any third party.
Automation.com and all related product and service names, design marks, and slogans are the trademarks or service marks of Automation Resources, Inc. All other product and service marks contained herein are the trademarks or service marks of their respective owners.
Notice to Owners of Proprietary and other Intellectual Property Rights: YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEB SITE.
U.S copyright laws and international treaties protect the editorial content and graphics on this Web Site, as well as the HTML based computer programs used to generate these pages and this Web Site. Therefore, editorial content and graphics may not be copied or re-used without the express written permission of Automation.com, which reserves all rights. Please direct any requests for permission to us; click here to send a message.
The deletion or alteration of any copyright or other proprietary notices from this Web Site is strictly forbidden.
Monitoring The Content of our Web Site
Automation.com strives for perfection; however, please be aware that the information, software, products, and services published on this Web Site may include inaccuracies, typographical errors, or untimely information. Changes are made and items and information are added to the Web Site from time to time at the sole discretion of Automation.com.
Automation.com is under no obligation to monitor the information existing on or transmitted via this Web Site. However, you agree that Automation.com may monitor the content of the Web Site 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, Partners, and Members; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time.
Automation.com has the right, but not the obligation, to edit, modify, refuse to post, reject, eliminate or remove any information existing on or transmitted to its Web Site that it, in its sole discretion, believes is unacceptable or in violation of these terms or may create liability or may cause Automation.com to lose the services of its ISPs or other suppliers. Likewise, Automation.com shall have the right to terminate this service or your ability to access this service at any time without notice.
Links and Connections to Other Parties and Other Sites
This Web Site may contain links or other connections to web sites operated by parties other than Automation.com, including but not limited to employers, manufacturers, companies, individuals, agencies, and advertisers (individually or collectively hereafter referred to as "Partners"). These links are provided for convenience only and Automation.com is not responsible for these web sites, their availability, content, or any viruses accessed through them. Automation.com's inclusion of links or other connections to such Web sites or Partners does not imply any endorsement of the material on them or any association with their owners or operators. If you decide to access one of the third party web sites through use of a link, you do so at your own risk.
Automation.com takes no responsibility whatsoever for the activities of job applicants (individually or collectively hereafter referred to as "Members"), or the activities of Automation.com's Partners or those Partners' respective hiring, recruiting, or other practices (or any of the information posted or downloaded by them on this Web Site). Nothing on this Web site shall be deemed to be an endorsement, representation, or warranty with respect to any Member, Partner, or other third party's web site, products, or services.
Disclaimers, Warranty Exclusions & Limitation of Liability
Automation.com serves only as a venue for employers to post job opportunities and for manufacturers and advertisers to advertise products and services and career-enhancing technology and industry information. Automation.com does not screen the listings or products, services or information offered. As a result, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE. THIS WEB SITE AND THE INFORMATION THEREIN ARE PROVIDED TOTALLY 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 Automation.com, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE A WARRANTY OF ANY TYPE.
Automation.com EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS WEB SITE WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL EFFECTS. IF YOUR USE OF OUR WEB SITE CAUSES YOUR EQUIPMENT OR DATA TO BE SERVICED OR REPLACED, Automation.com IS NOT RESPONSIBLE FOR THOSE COSTS OR ANY COSTS OR DAMAGES RELATED THERETO.
THE INFORMATION ON THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS. Automation.com 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 THIS WEB SITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THIS WEB SITE.
EMPLOYERS, ADVERTISERS AND OTHER PARTNERS AND MEMBERS ARE SOLELY RESPONSIBLE FOR THEIR POSTINGS ON THIS WEBSITE.
Automation.com IS NOT TO BE CONSIDERED YOUR EMPLOYER WITH RESPECT TO USING THIS WEB SITE AND IS NOT RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS MADE BY ANY ENTITY POSTING JOBS ON OUR WEB SITE. YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND Automation.com (or any of Automation.com's Partners or Members) AS A RESULT OF THIS AGREEMENT OR YOUR USE OF THIS WEB SITE.
WE MAKE ABSOLUTELY NO WARRANTIES THAT YOU WILL OBTAIN ANY JOB THROUGH USE OF THIS WEB SITE, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. Automation.com HAS NO CONTROL OVER THE FOLLOWING:
(1) THE QUALITY, SAFETY, OR LEGALITY OF THE JOBS LISTED OR OVER THE MEMBERS APPLYING THEREFOR;
(2) THE TRUTH OR ACCURACY OF THE JOB LISTINGS OR MEMBER INFORMATION POSTED ON OUR WEB SITE;
(3) THE ABILITY OF THE EMPLOYER PARTNERS TO OFFER LEGITIMATE EMPLOYMENT OPPORTUNITIES TO OUR MEMBERS; OR,
(4) THE QUALITY, SKILLS, OR SUITABILITY OF OUR MEMBERS APPLYING FOR JOBS.
USE COMMON SENSE AND CAUTION WHEN USING THIS WEB SITE. AUTHENTICATION OF USERS OF THIS WEB SITE AND THE INTERNET IN GENERAL IS DIFFICULT. AMONG THE MANY RISKS INCLUDE THE RISK OF PHYSICAL HARM, OF DEALING WITH UNDERAGE PERSONS AND PERSONS ACTING UNDER FALSE PRETENSES.
IN NO EVENT SHALL Automation.com, ITS EMPLOYEES, AGENTS, AFFILIATES, ITS PARTNERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE IT OR ANY LINKED SITES OR FOR DAMAGES RESULTING IN BUSINESS INTERRUPTION OR THE LOSS OF DATA), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THIS OF THIS WEB SITE, OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY), EVEN IF Automation.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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 Automation.com's MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S.$100.
Your Use Of Our Web Site: Limited License
The Automation.com Web Site is for your personal and noncommercial use. Except as otherwise expressly provided, you may not sell, modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Web Site for any public or commercial purpose. You are granted a non-exclusive, non-assignable and non-transferable license to use this Web Site only under these terms and conditions of use.
Your Responsibilities as a User, Partner or Member
Employers seeking employees and individuals seeking employment, career, product, technology, or industry information may use the Automation.com Web Site only for lawful purposes. You must not use (or plan, encourage or help others to use) this Web Site 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 this Web Site complies with these terms, conditions and notices and to seek prior written permission from Automation.com for any uses not permitted or not expressly set forth herein.
Automation.com prohibits the use of the Web Site, and all users, Partners and Members agree not to use the Web Site, for any of the following:
1. Transmitting or posting any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or invasive of another's right of privacy.
2. Impersonating any person or entity, including but not limited to an Automation.com representative, forum leader, guide, or to falsely state or to otherwise misrepresent your affiliation with a person or entity.
3. Posting or transmitting any Content that you do not have a right to reproduce, display or transmit under any law or under any contractual or fiduciary relationships (such as nondisclosure or confidentiality agreements) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, person, or entity.
4. Posting or transmitting any Content that contains a virus or corrupted data.
5. Deleting any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
6. Using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of this Web Site.
7. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, chain letters, pyramid schemes, franchises, or other business opportunity which requires up-front or periodic payment or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise.
8. Violating any applicable local, state, national or international law.
9. Responding to any employment opportunity on this Web Site for any reason other than to apply for the job posted. Soliciting the business of any Automation.com Partner or Member by any Automation.com competitor is prohibited.
10. Using this Web Site to contact our members for the purpose of accumulating candidates for current and future positions not specifically described in the Job Posting. The Job Posting must represent an actual open position and must not be used to contact members for any reason other than to fill the open position described in the Job Posting. 11. Sending an excessive number of e-mails to candidates. Candidates should not be contacted more than one time in any 30 day period regarding the same position. 12. Placing a single posting that either describes multiple unrelated positions or is simply an advertisement for your company's own career center or employment services. Each posting much contain one job description only. 13. Deleting or revising any material posted by any other person or entity.
14. Attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up this Web Site.
You agree to indemnify and hold Automation.com 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.
Violations of these terms or of Web Site security may result in civil or criminal liability. Automation.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Automation.com makes no claims that this Web Site and the content existing thereon may be lawfully viewed or downloaded outside of the United States. Access to this Web Site may not be legal by certain persons or in certain countries. If you access this Web Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
By Your Use You are Granting Rights to Us.
By submitting any content to any public or non-public areas of this Web Site, including forums, and contests, you automatically grant Automation.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable right (including any moral rights) and license to use, reproduce, modify (to comport with the Web Site), 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. 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 to us the rights and license stated above. You also agree to permit any user of Automation.com to access, display, view, store, and reproduce such content for personal, noncommercial use. Subject to the foregoing, the owner of such content placed on our Web Site retains any and all rights that may exist in such content.
Certain Legal Requirements are Not Diminished
Automation.com's performance of these terms and conditions is subject to laws and legal processes, and nothing contained herein will diminish our right to comply with law enforcement requests or requirements relating to your use of our Web Site or information provided to or gathered by Automation.com with respect to such use.
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 Automation.com its Web Site or the information and contents 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.
Payment of Taxes
The user shall pay any taxes, except for those based on Automation.com's annual net income.
Waivers of Any Obligation or Right
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 relevant Minnesota and federal laws, without respect to conflicts of law principles, and, for any action or dispute, irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue in the state and federal courts located in Hennepin County, Minnesota, U.S.A. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including 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.
Your Liability for Violation of these Terms
Given the nature of these terms, and the nature of the services and information provided by Automation.com you understand and agree that, in addition to money damages, Automation.com will be entitled to equitable relief upon a breach of them by you. Further, you agree to defend, indemnify, and hold harmless Automation Resources, Inc., doing business as Automation.com, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including but not limited to reasonable legal and accounting fees, resulting from your use of the this Web Site or your breach of these Terms and Conditions. Automation.com will provide notice to you promptly of any such claim, suit, or proceeding.