PRIVACY POLICY
Respecting the privacy and confidentiality of your personal
information is important to AccruePartners. This Privacy
Policy explains how AccruePartners collects, uses, and discloses
the information you provide while using the AccruePartners
Web site at http://www.accruepartners.com (the "Web
Site").
Information About All Web Site Users - If
you browse the public portions of the Web Site, you do
so anonymously. AccruePartners does not collect your personally
identifiable information unless you voluntarily provide
it to us or you use the password-protected portions of the
Web Site. AccruePartners may, however, automatically collect
certain non-personally identifiable information regarding
your use of the Web Site, such as the Internet Protocol
address of your computer, your Internet Service Provider,
the type of computer and operating system you are using,
the pages read and any content downloaded. This information
is not linked to you as an individual user. Rather, it is
recorded as general statistical information, which may be
used and disclosed to others by AccruePartners to monitor
use of the Web Site, to improve the Web Site, and generally
to enable us to provide you with the best possible Web experience.
That information may be retained indefinitely for future
statistical analysis and other purposes.
Voluntary Provision
of Personal Information - During your use of the Web Site,
you may be asked to voluntarily provide certain personally
identifiable information, such as your name, email address,
postal address and telephone number, in order to enhance
your use of the Web Site or for purposes such as facilitating
correspondence with you, registering your entitlement to
access certain special features of the Web Site, or to
complete transactions. It is always your choice whether or
not to provide that personal information. If you choose not
to provide requested personal information, you may not be
able to use certain features of the Web Site.
Consent
to Automatic Collection of Personal Information About
Users of AccruePartners Protected Web Site Areas - If you
access the AccruePartners Job Search portions of the Web
Site, you will be deemed to consent to AccruePartners automatically
collecting personally identifiable information regarding
your use of those portions of the Web site.
Cookies - AccruePartners uses "cookies," a
standard technology that installs a small text file on a
visitor's hard drive to permit the Web Site to recognize
future visits by that computer. Cookies enhance the convenience
and use of the Web Site. If you personalize pages, register
to download information or watch an archived Webcast, a cookie
helps AccruePartners remember who you are. As a result, you
save time by not having to enter the same information repeatedly.
Cookies enable us to understand who has seen which particular
Web site pages, to determine how often these pages are visited,
and to track the most poplar areas of our site. A cookie
will NOT permit us to learn any personally identifying information
about you, such as your real name or address, unless you
have previously provided that information to us or you have
set the preferences in your browser to provide this information.
You can set your browser to notify you when you receive a
cookie, giving you the opportunity to decide whether to accept
it. You may choose to disable the "cookies" option
on your browser; however doing so may affect your use of
the Web Site.
Permitted Uses - AccruePartners may use your
personally identifiable information to contact and correspond
with you, to respond to your inquiries, to monitor and
facilitate your use of the Web Site, and to improve the Web
Site and our services. That information may be retained indefinitely
for future statistical analysis and other purposes. Permitted
Email Uses - AccruePartners may also use your personally
identifiable information to provide you with email or other
information about AccruePartners products and services
and other matters. At any time you may ask AccruePartners
to stop sending you email and other information by contacting
webmaster@accruepartners.com. Each unsolicited email AccruePartners
sends will also tell you how to decline further email.
Disclosure
of Your Personal Information - The following principles
govern AccruePartners's disclosure of your personally identifiable
information:
(a) No Disclosure Without Your Consent - AccruePartners
will not sell, trade, lend or otherwise voluntarily disclose
your personally identifiable information to third parties
other than the AccruePartners customers or AccruePartners
Alliance member you may represent, AccruePartners Alliance
members, or as required or permitted by law (as explained
in paragraphs (b), (c), and (d) below) unless AccruePartners
has your express consent.
(b) Consent to Disclosure to Responsible Client or AccruePartners
Alliance Member - If you are an employee, agent or other
representative of a licensed user of AccruePartners products
(a "AccruePartners Customer") or of a AccruePartners
Alliance member, you are deemed to consent to AccruePartners
disclosing information to the AccruePartners Customer or
AccruePartners Alliance member (as appropriate) regarding
your use of the PartnerConnect and CustomerConnect portions
of the Web Site.
(c) Consent to Disclosure to AccruePartners Alliance Members
- Unless you instruct us to the contrary, you are deemed
to consent to AccruePartners providing your personally
identifiable information to AccruePartners Alliance members.
Before personally identifiable information is disclosed,
the recipient AccruePartners Alliance member will agree
with AccruePartners to comply with the terms of this Privacy
Policy. AccruePartners Alliance members may use your personally
identifiable information to provide you with email or other
information about their products and services and other
matters. If at any time you do not wish us to continue
providing your personally identifiable information to AccruePartners
Alliance members, please notify us immediately at webmaster@accruepartners.com.
(d) Disclosure Required or Permitted by Law - In certain
circumstances, the law may require or permit AccruePartners
to disclose your personally identifiable information without
your knowledge or specific consent. For example, such information
may be disclosed if required to comply with a subpoena,
warrant, or court order, or if requested by a government
institution, which has the lawful authority to obtain the
information. Also, AccruePartners may disclose your personally
identifiable information if it believes, in good faith,
that disclosure is otherwise necessary or advisable to
protect its interests.
Location
of Information - AccruePartners will store and process
your personally identifiable information in Charlotte, North
Carolina.
Securing Your Information -
To help protect the confidentiality of your personally
identifiable information, AccruePartners employs security
safeguards appropriate to the sensitivity of the information.
Nevertheless, all security and privacy risks cannot be eliminated.
You can contribute to the confidentiality of your personally
identifiable information by not disclosing your username
and password to anyone. Also, please never use ordinary email
to send us sensitive information, because unencrypted email
is generally not secure and cannot be considered confidential.
Accessing
Your Information - You may request access to the personally
identifiable information that you have provided to the
Web site, as well as to information about AccruePartners's
use and disclosure of that information, by contacting us
at webmaster@accruepartners.com AccruePartners
attempts to keep its records as accurate and complete as
possible. You can help us maintain the accuracy of your
personal information by notifying us of any changes to your
personal information.
Other Web sites - The Web Site may contain
links to other Web sites. When you click on one of those
links, you will connect with another Web site. AccruePartners
has no responsibility for, or control over, any linked
Web sites or their privacy policies or the manner in which
they collect, use or disclose your personally identifiable
information.
Web Site Use Agreement - The Web Site Use Agreement
for the Web Site, which may be viewed by clicking here,
contains important provisions, including provisions disclaiming,
limiting or excluding AccruePartners's liability for your
use of the Web Site and the software, information and services
available through the Web site, and provisions relating to
the law and jurisdiction for the resolution of any disputes
regarding those matters. Each of those provisions apply to
any issues that may arise in relation to this Privacy Policy,
and are of the same force and effect as if they had been
reproduced directly in this Privacy Policy.
Privacy Policy
Changes - This Privacy Policy may be changed from time
to time. Revised Privacy Policies will be posted here. This
Privacy Policy is dated: June 1, 2003.
Your Comments - If
you have any comments or questions about this Privacy Policy
or your personal information, please contact us at webmaster@accruepartners.com.
LEGAL
GENERAL INFORMATION
Please read these legal notices carefully before using AccruePartners.com
(the 'site' or 'Web site'). By using this site, you convey
your agreement with this legal notice. If you do not agree
with the terms stated in this legal notice or are dissatisfied
with the site, do not use this site. AccruePartners.com ('AccruePartners.com,'
'we,' 'us,' or 'our') reserves the right to alter, modify,
or otherwise update these terms at any time, and you agree
to be bound by such alterations, modifications, or updates.
The terms 'You', 'Yours', 'the Company' and 'User' as used
herein refer to all individuals and/or entities accessing
this web site for any reason. You agree to be bound by all
of the terms of this, and all future agreements, as long
as you use AccruePartners.com. AccruePartners.com 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.
This site is maintained and operated by AccruePartners.com,
2108 South Boulevard, Atherton Lofts Suite 105 Charlotte,
North Carolina 28203, U.S.A. Our telephone number is 704.632.9955
and our Fax: 704.632.9988.
AccruePartners.com shall have the right to terminate your
ability to access this site at any time without notice.
COPYRIGHT AND TRADEMARK INFORMATION
All logos, Web site design, text, graphics, and the selection
and arrangement thereof are the sole property of AccruePartners.com.
Except as provided by agreement between AccruePartners.com
and authorized entities and individuals, the use of materials
on the Web site without the prior written permission of AccruePartners.com
is strictly prohibited. This includes copying or adapting
the HTML code used to generate Web pages on AccruePartners.com.
AccruePartners.com and it's related company names or logos
are service marks or trademarks of AccruePartners, Inc. All
other service marks and trademarks are the property of their
respective owners. AccruePartners.com is not responsible
for other service marks, trademarks, and company names that
may be the trademarks and/or service marks of their respective
owners.
PASSWORD AND SECURITY
By registering, you certify that the information you provide
on the registration form is accurate and belongs to you.
You are responsible for maintaining the confidentiality of
your information and password. You are responsible for all
uses of your registration, whether or not authorized by you.
You agree to notify us immediately of any unauthorized use
of your registration or password.
By contracting as a client of AccruePartners.com, disclosing
to or sharing your password with any third parties or using
your password for any unauthorized purpose is prohibited
CODE OF CONDUCT / Acceptable Uses of the Site
When you use the AccruePartners.com Web site, you agree
to use the site for lawful purposes only. This site is intended
for use by individuals seeking employment (or career information)
and employers seeking employees.
The following rules are applicable to all users of the site.
You are prohibited from:
1. Taking any action that imposes an unreasonable load on
the Site's infrastructure
2. Using any device, software or routine to interfere or
attempt to interfere with the proper working of this Web
Site or any activity being conducted on this site.
3. 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.
4. Deleting or revising any material posted by any other
person or entity.
5. Framing of or linking to any of the materials or information
available from the Web Site.
AccruePartners.com is not responsible for any information
posted on any of our message boards or forums. AccruePartners.com
considers this information non-confidential and non-proprietary.
This information is contributed by users and is not the responsibility
of AccruePartners.com, its officers, directors, employees,
or agents, nor does it reflect the opinions of those listed.
You are responsible for the information you post to this
site.
AccruePartners.com does not monitor all submissions to the
site, but reserves the right to do so and to remove or edit
anything that is in violation of this legal notice or the
policies of AccruePartners.com.
Our Privacy Policy governs information submitted to
AccruePartners.com and information distributed by us.
If you submit any information (email, resume, job search,
forum, etc.) to our site, you agree not to:
1. Post or transmit anything that is defamatory, abusive,
libelous, unlawful, obscene, threatening, harassing, fraudulent,
pornographic, harmful, or that could constitute or encourage
conduct that would be considered a criminal offense, give
rise to civil liability, or otherwise violate any law.
2. Post or transmit pyramid schemes or chain letters.
3. Post or transmit anything that violates the copyright
or intellectual property rights of any person or entity,
including but not limited to copyrights and trademarks.
4. Post or transmit a virus or any other harmful component.
5. Contact AccruePartners.com users (employers and job candidates)
through unsolicited email, telephone calls, mailings or any
other method of communication.
6. Reply to any employment advertisement on our site for
any reason other than to apply for the job.
While retrieving information (resumes, job postings, forums,
etc.) from our site, you agree not to:
1. Notwithstanding anything to the contrary contained herein,
use 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 this Web Site.
2. Aggregate, copy or duplicate in any manner any of the
materials or information available from the Web Site.
3. Access data not intended for such user, or log into a
server or account that the user is not authorized to access.
AccruePartners.com reserves the right, at its sole discretion,
to deny service to any user while investigation of violations
are in progress.
LINKS TO OTHER SITES
AccruePartners.com contains links to third-party Web sites.
We provide these links solely as aids to assist you in locating
other Internet resources that may be of interest to you.
AccruePartners.com is not responsible for the content of
linked third-party sites or any link contained in a linked
site and does not make any representations regarding the
content or accuracy of materials on such third-party Web
sites. AccruePartners.com reserves the right to terminate
any link or linking program at any time. If you decide to
access any third-party sites linked to this site, you do
so at your own risk.
We welcome your suggestions for links to our site. You may
suggest a link to this site; however, the link may not state
or imply that AccruePartners.com endorses your site.
DISCLAIMER
THE INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED 'AS
IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING
THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED
ON THIS SITE OR IN ANY REFERENCED LINKS. ACCRUEPARTNERS.COM
DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF TITLE,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL ACCRUEPARTNERS.COM BE LIABLE FOR ANY DAMAGES
WHATSOEVER INCLUDING WITHOUT LIMITATION, ANY 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 THIS WEB SITE.
ACCRUEPARTNERS.COM HEREBY DISCLAIMS ALL WARRANTIES WITH
REGARD TO THE HARDWARE AND SOFTWARE THAT IS THE BASIS FOR
THIS WEB SITE INCLUDING ALL IMPLIED WARRANTIES, FITNESS FOR
A PARTICULAR PURPOSE AND INCIDENTAL, SPECIAL, DIRECT OR CONSEQUENTIAL
DAMAGES.
ACCRUEPARTNERS.com DOES NOT GUARANTEE THAT JOB CANDIDATES
WILL BE CONTACTED OR HIRED BY ANY OF THE EMPLOYERS WHOSE
JOB OPPORTINITIES APPEAR ON THIS SITE. ACCRUEPARTNERS.com
DOES NOT TAKE RESPONSIBILITY FOR ANY JOB THAT CANDIDATES
MAY SECURE AS A RESULT OF USING THIS SITE. ACCRUEPARTNERS.com
DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND
WITH RESPECT TO ANY JOB, CANDIDATES, EMPLOYERS, OR THIRD
PARTY WHETHER IN REGARDS TO ITS WEB SITE, HIRING, EMPLOYMENT
RECRUITING PRACTICES, PRODUCTS, OR SERVICES. ACCRUEPARTNERS.com
DOES NOT ENDORSE ANY JOB, CANDIDATE, EMPLOYER, OR THIRD PARTY
ON THIS SITE.
ACCRUEPARTNERS.com DOES NOT GUARANTEE THAT THE INFORMATION
ON OUR SITE WILL BE ACCURATE, COMPLETE, CONTINUOUSLY AVAILABLE,
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS
SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES,
WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
INDEMNITY
You agree to defend, indemnify, and hold harmless AccruePartners.com,
its officers, directors, employees and agents, from and against
any claims, actions, damages, or demands (including, without
limitation, reasonable legal and accounting fees) alleging
or resulting from your violation of these legal notices,
your use of this site or site-related services, or your violation
of any rights of another. Your use of this site is at your
own risk.
ADDITIONAL INFORMATION
Unless otherwise specified, the information on this site
is presented solely for individuals seeking employment and
career information and for employers seeking candidates for
employment. This site is controlled and operated by AccruePartners.com
from its office within the State of North Carolina, U.S.A.
AccruePartners.com makes no representation that the information
on this site is appropriate or available for use in other
locations. Those who choose to access this site from other
locations do so on their own initiative and are responsible
for compliance with local law, if and to the extent local
laws are applicable.
This agreement is governed by the laws of the State of North
Carolina, without regard to its conflict of laws provisions.
No waiver of any term of this agreement shall be deemed a
further or continuing waiver of such term or any other term
of this agreement.
GENERAL TERMS AND CONDITIONS APPLICABLE TO INTERNET SERVICES
AGREEMENT
Independent Contractor/Relationship of Parties. This Agreement
is not intended to nor shall it constitute, create, give
rise to, or otherwise recognize a joint venture, partnership
or formal business organization of any kind, and the rights
and obligations of the parties shall be only those expressly
set forth.
Use of Information; Damages. The information on this site
which the Company is authorized to access may only be used
by its authorized office and may not be republished, broadcast
or otherwise disseminated outside its authorized office;
the Company agrees its breach of this section is a material
breach of this agreement for which the Company may be liable
to AccruePartners.com for special, exemplary, punitive, indirect,
statutory, or consequential damages including lost revenues
and/or profits.
Billing and Payment. Invoices submitted by AccruePartners.com
are payable on the due date; invoices not paid within fifteen
(15) days after the due date shall be subject to an interest
charge at a rate of one and one-half percent (1½ %)
per month, or the legal limit, whichever is less, from the
due date of the invoice until paid. The Company expressly
recognizes that non-payment when due is a material default
of this Agreement. In the event AccruePartners.com institutes
an action to collect amounts due, the Company shall reimburse
AccruePartners.com for its expenses including reasonable
attorney's fees incurred in the pursuit of such action. In
addition to any other remedies for failure to pay an invoice
when due, AccruePartners.com may restrict the Company's access
to the site, and/or remove its job ads from the site. Any
such restriction or interruption of service does not relieve
the customer of the obligation to pay the monthly service
fee. At the time any payment becomes sixty (60) days past
due, all payments on such contract, including those for future
months service, become immediately due and payable.
Notice. All notices and communications required or permitted
shall be in writing, delivered personally, or by electronic
mail, facsimile, overnight delivery service at the address
set forth on the first page of the Internet Services Agreement
and shall be effective upon receipt.
Warranty. The Disclaimer in Legal Notices is incorporated
herein.
Force Majeure. AccruePartners.com hereby agrees to use commercially
reasonable efforts to perform its obligations expeditiously,
but AccruePartners.com shall not be liable nor deemed to
be in default for any delays or failure in performance resulting
directly or indirectly from any cause or circumstance beyond
AccruePartners.com's reasonable control including, but not
limited to, strikes, lockouts, fires, acts of government
or governmental agencies, accidents, machinery breakdowns,
delays of carriers or suppliers, public emergency, failure
of equipment or software, unexpected use of the site, computer
virus and unauthorized use of the site.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ACCRUEPARTNERS.COM
BE LIABLE TO THE COMPANY FOR ANY SPECIAL, EXEMPLARY, PUNITIVE,
INDIRECT, STATUTORY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST
REVENUE OR PROFITS) RESULTING FROM, ARISING OUT OF, OR RELATED
TO ACCRUEPARTNERS.COM'S PERFORMANCE OR FAILURE TO PERFORM
ANY OF ITS OBLIGATIONS UNDER, OR BREACH OF, THIS AGREEMENT,
WHETHER OR NOT THE COMPANY WAS ADVISED, KNEW, OR SHOULD HAVE
KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES. ACCRUEPARTNERS.COM'S
LIABILITY TO THE COMPANY SHALL IN NO EVENT EXCEED THE FEES
PAID BY THE COMPANY TO ACCRUEPARTNERS.COM IN THE MOST RECENT
THREE MONTHS.
Indemnity. Except to the extent of the negligence of AccruePartners.com,
the Company will indemnify and hold harmless AccruePartners.com,
and its respective officers, directors, employees, agents
and advisors from and against any loss, claim, damage, liability
or expense (including reasonable attorneys fees and investigation
expenses) ('Claim') arising from, related to or resulting
from the Company's breach of this contract or use of the
internet site and services.
Assignment. The Agreement may not be assigned by the Company
without AccruePartners.com's written consent. AccruePartners.com
may assign this agreement including by operation of law.
Successors. This Agreement shall be binding upon and inure
to the benefit of the parties, their heirs, legal representatives,
successors, and permitted assigns.
Use of Names. AccruePartners.com shall be permitted to use
the Company's name in our external and internal customer
listings.
Compliance with Laws. In exercising their rights and obligations
under this Agreement, the parties shall comply with all applicable
laws and government regulations.
Entire Agreement. This Agreement together with all Guidelines,
Legal Notices (including these General Terms and Conditions
Applicable to Internet Services Agreements), and Privacy
Statements which are maintained on AccruePartners.com's website
(and subject to change by AccruePartners.com from time to
time in its sole discretion) constitutes the entire understanding
of the parties, and supersedes all prior or contemporaneous
written and oral agreements, representations or negotiations
with respect to the subject matter hereof.
Changes. Except for pricing changes and the Guidelines,
Legal Notices, and Privacy Statements maintained on AccruePartners.com's
website which may be changed or modified by AccruePartners.com
from time to time in its sole discretion, changes to this
Agreement must be in writing and signed by both parties.
Waiver. The failure of either party to insist on the strict
performance of any terms, covenants and conditions of this
Agreement at any time, or in any one or more instances, or
its failure to take advantage of any of its rights, or any
course of conduct or dealing, shall not be construed as a
waiver or relinquishment of any such rights or conditions
at any future time and shall in no way affect the continuance
in full force and effect of all the provisions of this Agreement.
Headings. Headings used in the Agreement are for convenience
of reference only and shall not be construed as altering
the meaning of this Agreement or any of its parts.
Severabilty. If any provision of this Agreement is held
to be illegal, invalid or unenforceable, the remaining terms
shall not be affected. The Agreement shall be interpreted
as if the illegal, invalid or unenforceable provision had
not been included in it, and the invalid or unenforceable
provision shall be replaced by a mutually acceptable provision
which, being valid and enforceable, comes closest to the
intention of the parties underlying the invalid or unenforceable
provision.
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