Terms and Conditions of Use
This describes the terms and conditions on which Bayt.com, Inc. (the Company) allows you to access and use the Bayt.com web site (the Web Site). By using the Web Site, you (User) accept and agree to be bound the terms of these Terms and Conditions. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site and service. The terms you and User as used herein refer to all individuals and/or entities accessing the Web Site for any reason.
1. Use of Material and Web Site
The Company authorizes you to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use. This license to use the Web Site and the Material is not a sale of any of the owner's rights. The Web Site may be used only by you, and you may not rent, lease, lend, sub-license or transfer the Web Site or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Web Site. You may not transfer to or store any data residing or exchanged over the Web Site to any electronic network for use by more than one user unless you obtain prior written permission from the Company.
You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. Except as otherwise expressly provided, you may not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license or create derivate works from any Material or content contained on the Web Site. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the United States of America and foreign copyright laws.
The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. 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 the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
3. Web Site Security Rules
Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Specific Prohibited Uses
The Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the 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). The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: (a) Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf). (b) Impersonating any person or entity, including but not limited to a Company official, forum leader, guide or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity. (c) Posting or transmitting any content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements). (d) Posting any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents. (e) Posting or transmitting any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise. (f) Deleting or revising any material posted by any other person or entity. (g) Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this site. (h) Taking any action which imposes an unreasonable or disproportionately large load on the Web Site's infrastructure. (i) If you have a password allowing access to a non-public area of the Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose. (j) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site other than the search engine and saved searches available from the Company on the Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). (k) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. (l) Transmitting, posting, distributing or storing any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually-explicit, libelous, hateful, racially, ethnically or otherwise objectionable to another user or any other person or entity. (m) Posting or transmitting any Content that contains viruses or corrupted data, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. (n) Deleting any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature. (o) Using the Web Site's communication features in a manner that adversely affects the availability of its resources or other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text). (p) Uploading, transmitting or posting any Content or using the Web Site in any manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or violate the privacy, publicity or other personal rights of any third parties. (q) Responding to any employment opportunity on the Web Site for any reason other than to apply for the job. Communications soliciting the employer's business by our competitors are prohibited. (r) Printing out or otherwise copying or using any personally identifiable information about employees or business information about employers. Unsolicited e-mail, telephone calls, mailing or other contacts to posting individuals and companies are prohibited. (s) Reselling or assigning your rights or obligations under these Terms and Conditions of Use. (t) Making any unauthorized use of the Web Site. (u) Violating any applicable local, state, national or international law or regulation.
5. User Information
The Company acts as a passive conduct for the distribution and publication of user-submitted material and has no obligation to screen or monitor said material. If notified by a user of material which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to (a) expel users and prevent their further access to the Web Site for violating these Terms and Conditions or the law, (b) remove communications which are abusive, illegal, or disruptive, or (c) take any action with respect to user-submitted material that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
7. Links to Other Sites
The Web Site contains links or other connections to third party web sites. The Company provides these links only as a convenience to you and does not endorse, and is not responsible for, the contents on such linked sites. Further, The Company is not responsible for any viruses accesses through said third-party. If you decide to access linked third party Web sites, you do so at your own risk.
8. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses and activities that occur under your password, regardless of whether they are authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. The Company will not be liable for any loss or damage arising from an unauthorized use of your registration or password.
9. The Company's Liability
The Web Site acts as a venue for employers to post job opportunities and candidates to post resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. Therefore, the Company has no control over the quality, safety or legality of the jobs, resumes or other material posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material placed by you on the Web Site. Employers are solely responsible for their postings on the Web Site. The Company is not responsible for any material posed on the Web Site that may be offensive, harmful or inaccurate. Further, the Company cannot and does not confirm that each user is who they claim to be.
The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions made by any entity posting jobs on the Web Site. We make no warranties whatsoever that you will obtain any job via the Web Site, nor any warranties about (and take no responsibility for) any job you may obtain. In the event that you have a dispute with another user, you release the Company, its agents and employees from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which says: 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.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the truthfulness, accuracy, reliability, completeness, or timeliness of the Web Site or the Material or material posted by users. The use of the Web Site and the Material and any reliance on material posted by other users is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER (OR ANY SOFTWARES AND MATERIALS ACCESSIBLE THROUGH THE WEB SITE) ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OR INABILITY TO USE THE WEB SITE (OR ANY LINKED SITES) AND THE MATERIAL OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES THROUGH THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. IF THIS LIMITATION OR LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00 PER OCCURENCE.
10. Termination and Equitable Relief
In the event of any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit, the Company may, at its sole discretion, pursue all of its legal remedies, including, but not limited to, deletion of your postings from the Web Site and/or immediate termination of your registration or ability to access the Web Site or any other service provided to you by the Company. The Company shall have the right to terminate your ability to access the Web Site at any time without notice and to discontinue or modify any of the information contained on the Web Site, or the Web Site itself, at any time. Given the nature of these Terms and Conditions, you understand and agree that, in addition to money damages, the Company will be entitled to equitable relief upon a breach of them by you.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions or your representations and warranties or your violation of any rights of third parties, including without limitation, any proprietary or intellectual property rights.