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TERMS OF USE AND PRIVACY POLICY
Introduction.
This page
states the "Terms of Use and Privacy Policy" under which you
may use our Website (the "Site"). Therefore, please
read this page carefully. Your authorization to use the Site
is conditioned on your agreement with and acceptance of this
Terms of Use and Privacy Policy. By using this Site, you are
indicating your acceptance to be bound by this Terms of Use
and Privacy Policy and any future revisions thereto. We may
revise this Terms of Use and Privacy Policy at any time by
updating this posting (with any such revisions being
effective five days after being posted on the Site). For
this reason, you should visit this page periodically to
review this Terms of Use and Privacy Policy. As used in this
Terms of Use and Privacy Policy, the terms "Company," "we,"
"us" and "our" refer to ESS Worldwide Services - Alaska.
Site Content.
You
acknowledge that the Site contains information, data,
software (whether applications, scripts, plug-ins or
applets), photographs, graphics, text, images and other
material (collectively, the "Content") that are protected,
individually and collectively, by copyright, trademark,
patent or other proprietary rights of the Company or third
parties. You may not modify, remove, delete, augment, add
to, publish, transmit, participate in the transfer or sale
of, create derivative works from, or in any way exploit any
of the Content, in whole or in part, except as expressly
allowed by this Terms of Use and Privacy Policy or
applicable law (including, without limitation, U.S.
copyright, trademark and patent law). Concerning certain,
designated Content, you may make a single copy of the
Content, provided that the copy is made only for your
personal, informational and non-commercial use and that you
do not alter or modify the Content in any way. You must not
delete or alter any notices contained in the Content, such
as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided above, you
may not upload, post, reproduce, modify or distribute in any
way the Content without obtaining permission of the owner of
the copyright or other proprietary right. Your access and
use of the Site in accordance with this Terms of Use and
Privacy Policy does not give you any right or interest in
any Content or other information available on the Site,
which at all times shall remain the property of the Company
or other owner.
Privacy Policy.
Information
Gathered By the Company. In general, we gather information
about all of our users collectively, and not on an
individual basis, for purposes such as determining which
parts of our Site users access most frequently. This
information helps us determine which parts of our Site are
most beneficial for users, and how we can continually create
a better overall experience for you. We only use such data
in the aggregate and anonymously.
Information About You Specifically.
In some instances, e.g., in the "Jobs" section of the
Site, we allow you to provide us with specific information
about you, such as your name, address, email address,
telephone number or other pertinent information. If you
elect to provide us with your personal information, we may
use that information to make you aware of employment
opportunities with the Company, to provide you with certain
of our publications or to notify you of other information
regarding the Company. If you provide us with your personal
information, but later decide you no longer want us to send
you any information about us, simply contact us at the
address set forth in the "Contact List" section of the Site.
General Information Disclosure.
Except as described in this Terms of Use and Privacy
Policy, we do not disclose information about your individual
visits to our Site, or personal information that you
provide, such as your name, address, email address,
telephone number, etc., to any persons or firms, except (i)
when we believe the law requires it or to protect the
Company, our users or others and (ii) to recruiters when you
are providing your personal information in order to receive
information about employment opportunities with us. We
employ other companies and individuals to perform functions
on our behalf. Examples may include hosting our Web servers,
analyzing data and providing customer service. These other
companies will have access to your personal information as
necessary to perform their functions, but they may not share
that information with any third party.
Cookies. To enhance your
experience on our Site, we use a feature on your Internet
browser called a "cookie". Cookies are small files that your
Web browser places on your computer's hard drive. They are
used for a variety of reasons, such as remembering user
names and passwords and preferences, tracking click streams,
and for load balancing. By using cookies, we can deliver
faster service, consistent, updated results, and a more
personalized experience on our Site. Your browser gives you
the option to reject cookies. However, setting your browser
to reject cookies generally hinders the browser's
performance and will adversely affect your experience while
using our Site.
Children. We do not specifically
collect information about children. We believe that children
should get their parents' consent before giving out personal
information. If you are concerned about your child's use of
the Site, we encourage you to use Web filtering technology
to supervise your child's access to the Site. We also
encourage you to participate in your child's experience with
the Site.
Concerns About Our Privacy Policy.
If, at any time, you have questions or concerns about our
commitment to privacy, please feel free to contact us at the
address set forth in the "Contact List" section of the Site.
Disclaimers and Limitations on
Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE
RISK. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AFFILIATES OR OTHERS (COLLECTIVELY, THE
"PROVIDERS"), WARRANT THAT (i) USE OF THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; (ii) THE INFORMATION OR CONTENT
PROVIDED ON OR THROUGH THE SITE IS ACCURATE, RELIABLE OR
CURRENT; OR (iii) THE SITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF
THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR
THOSE COSTS. THE SITE, AND YOUR ACCESS TO IT, IS
PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE
SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. NO ORAL OR WRITTEN INFORMATION GIVEN BY US NOR ANY
PROVIDER SHALL CREATE ANY WARRANTY. UNDER NO
CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR
INABILITY TO USE THE SITE. BECAUSE THE LAW IN SOME STATES
DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU
AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS
OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND
ASSIGNS, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES,
EXPENSES, COSTS, REASONABLE ATTORNEYS' FEES AND LIABILITIES
THAT ANY OF THEM MAY SUSTAIN ARISING DIRECTLY OR INDIRECTLY
OUT OF YOUR USE OF THE SITE OR ANY INFORMATION OR CONTENT
CONTAINED ON THE SITE.
Links to Third-Party Websites.
Occasionally, we may make available a link to a third
party's Website. These links will let you leave the Site.
The linked sites are not under our control and we are not
responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to
such sites. We are not responsible for Webcasting or any
other form of transmission received from any linked site. We
provide the links to you only as a convenience. We do not
endorse any such site or its use or contents.
Unsolicited Submissions.
We
are pleased to hear from our customers and site users and
welcome your comments regarding our Company and the Site. If
you send us comments, suggestions, ideas, concepts or other
information (collectively, the "Submissions"), the
Submissions shall be deemed, and shall remain, our property,
and we may use, copy, display, distribute, adapt, transfer
or dispose of Submissions in any way and for any purpose as
we may, in our sole discretion, determine appropriate. None
of the Submissions shall be subject to any obligation of
confidence on our part, and we shall not be liable for any
use or disclosure of any Submissions.
Applicable Law.
We maintain
the Site from our offices within Alaska, United States of
America. We make no representation that the Content in the
Site is appropriate or available for use in any
jurisdiction, and access to them from locations in which
such Content is illegal is prohibited. Those who may choose
to access the Site from other jurisdictions do so on their
own initiative and are responsible for compliance with
applicable local laws. You may not use or export the Content
in violation of US export laws and regulations. Any claim
relating to the Site or the Content shall be governed by the
internal laws of the state of Alaska, without reference to
its choice of law provisions, and shall be resolved solely
through proceedings held within the state of Alaska.
Termination.
This Terms of
Use and Privacy Policy is effective until terminated by
either party. If you no longer agree to be bound by this
Terms of Use and Privacy Policy, you must cease all further
use of and access to the Site, and any notification of
termination or other rejection of this Terms of Use and
Privacy Policy is conditioned on such cessation. Subject to
applicable law, we reserve the right to suspend or deny, in
our sole discretion, your access to all or any portion of
the Site with or without notice. You agree that any
termination of your access to the Site may be effected
without prior notice. Further, you agree that we shall not
be liable to you or any third-party for any termination of
your access to the Site.
General Information.
This
Terms of Use and Privacy Policy constitutes the entire
agreement between us (i.e., you and the Company) and governs
your use of and access to the Site. We reserve the right to
modify this Terms of Use and Privacy Policy at any time, and
you agree to be bound by the modified Terms of Use and
Privacy Policy, after we have posted the modified Terms of
Use and Privacy Policy on the Site for a period of five
days. Our failure to exercise or enforce any right or
provision of this Terms of Use and Privacy Policy on any
occasion shall not constitute a waiver of such right or
provision. If any provision of this Terms of Use and Privacy
Policy is found by a court of competent jurisdiction to be
invalid, the parties agree that all other provisions of this
Terms of Use and Privacy Policy remains in full force and
effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action that you or
anyone claiming through you may make, arising out of or
related to use of the Site or this Terms of Use and Privacy
Policy, must be filed within one year after such claim or
cause of action arose or be forever barred.
Copyright Complaints.
We
respect the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been
copied and is accessible on the Site in a way that
constitutes copyright infringement, you may notify us by
providing us a written notice that includes the following
information:
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An electronic or physical signature
of the person authorized to act on behalf of the owner
of the copyright interest.
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A description of the copyrighted work
that you claim has been infringed, including the URL
(i.e., Web page address) of the location where the
copyrighted work exists or a copy of the copyrighted
work.
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Identification of the URL or other
specific location on the Site where the material that
you claim is infringing is located.
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Your address, telephone number and
email address.
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A statement by you that you have a
good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the
law.
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A statement by you, made under
penalty of perjury, that all information in your notice
is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
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You should send your notice of
copyright infringement concerning the Site to us at the
address set forth in the "Contact List" section of the
Site.
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