Who Do You Know For Dough: Terms and Conditions

Individual / Candidate Terms and Conditions

<html xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:w="urn:schemas-microsoft-com:office:word" xmlns="http://www.w3.org/TR/REC-html40"> <head> <meta http-equiv=Content-Type content="text/html; charset=windows-1252"> <meta name=ProgId content=Word.Document> <meta name=Generator content="Microsoft Word 9"> <meta name=Originator content="Microsoft Word 9"> <link rel=File-List href="./termscand_files/filelist.xml"> <title>Company Terms and Conditions</title> <style>  </style>  </head> <body lang=EN-US style='tab-interval:.5in'> <div class=Section1> The term “Company” refers to both Direct Hiring Employers and Personnel Consulting Firms.<o:p></o:p> By using this Web Site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions, which follow: <o:p></o:p> This page states the "Terms and Conditions" under which you may use the WhoDoYouKnowForDOUGH.com (WDYKFD) Web Site. Please read this page carefully.<o:p></o:p> By accessing, downloading content from, submitting information or materials to or through, browsing or otherwise using this Web Site or our Services, you agree to be bound by these Terms and any additional rules and restrictions applicable to particular Listings or Companies / Employers. If you do not agree to these Terms, please do not use the Services. <o:p></o:p> You must also be at least 18 years old to use the Services. If you are not at least 18 years old please do not access or use the Services. <o:p></o:p> WhoDoYouKnowForDOUGH.com may revise these Terms and Conditions at any time by updating this posting. Members and users of the site are encouraged to visit this page periodically to review the Terms and Conditions, because they are binding on all members and users. The terms "You" and "User" as used herein refer to all persons, companies, or other entities accessing this Web Site for any reason. <o:p></o:p> Explanation of the WhoDoYouKnowForDOUGH.com Service<o:p></o:p> WDYKFD provides this Web Site and the Web-based application featuring a proprietary software and e-mail system for employment referrals services, along with all related content and services (collectively, "Services"). Our Services may be used by:<o:p></o:p> <![if !supportLists]>·         <![endif]>Individuals and <o:p></o:p> <![if !supportLists]>·         <![endif]>Direct Hiring Employers and Personnel Consulting Firms ("Companies ") <o:p></o:p> and among other things; they will post employment opportunity listings ("Listings") and offer Referral DOUGH Rewards related to such Listings. <o:p></o:p> Subject to compliance with the terms and conditions set forth in these Terms of Use ("Terms"), our Services may also be used by: <o:p></o:p> <ol start=1 type=a> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l15 level1 lfo2;tab-stops:list .5in'>Authorized employees of such Companies to distribute the Listings to the site <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l15 level1 lfo2;tab-stops:list .5in'>Individuals / Candidates seeking new jobs who respond to Listings by applying to such Listings (collectively, "Users" or "you") by contacting Companies directly via e-mail (applying on-line), and <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l15 level1 lfo2;tab-stops:list .5in'>Other "Job seeking" Individuals / Candidates who were referred by other Individuals / Candidates <o:p></o:p></li> </ol> As set forth herein, Companies shall post listings for which they intend to interview and hire qualified applicants. Individual Users agreeing to the Terms and Conditions of this Web Site may review the posted job listings and refer qualified applicants or apply themselves, if qualified, for posted job openings.<o:p></o:p> Payments and Fees<o:p></o:p> Companies shall pay Referral Dough and Commissions upon the hiring of a candidate referred through this Web Site as set forth below<o:p></o:p> <ol start=1 type=1> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l22 level1 lfo4;tab-stops:list .5in'>Companies that post jobs to be filled shall pay the Referral DOUGH Reward listed on the job-posting page to members of a successful referral chain. <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l22 level1 lfo4;tab-stops:list .5in'>If a Direct Hiring Employer hires someone through the WDYKFD Web Site, checks will be disbursed between 30 and 75 days, but not longer than 90 days after the new employee starts to all parties involved in the referral chain as well as to WDYKFD for their commission. <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l22 level1 lfo4;tab-stops:list .5in'>If a Personnel Consulting Firm hires someone through the WDYKFD Web Site, checks will be disbursed by the Personnel Consulting Firm to all parties involved in the referral chain as well as to WDYKFD for their commission:<o:p></o:p></li> <ul type=disc> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt: auto;mso-list:l22 level2 lfo4;tab-stops:list 1.0in'>After the Personnel Consulting Firm gets paid their fee, <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt: auto;mso-list:l22 level2 lfo4;tab-stops:list 1.0in'>The new employee is with the Personnel Consulting Firm’s client past the guarantee period (not longer than 90 days) and <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt: auto;mso-list:l22 level2 lfo4;tab-stops:list 1.0in'>Within fifteen days after the guarantee period.<o:p></o:p></li> </ul> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l22 level1 lfo4;tab-stops:list .5in'>If a Company (Direct Hiring Employers or Personnel Consulting Firm) does not pay the Referral DOUGH Reward to the referring parties and the commission fee to WDYKFD and legal recourse is necessary, the negligent company will be responsible for all applicable attorney fees to all parties involved to collect the monies.<o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l22 level1 lfo4;tab-stops:list .5in'>Guarantee periods cannot exceed 60 day for Direct Hiring Companies, and cannot exceed 90 days for Personnel Consulting Firms. <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l22 level1 lfo4;tab-stops:list .5in'>Positions will be posted for 45 days or until filled, whichever comes first, and then automatic notification will occur, whereby the company will be asked to re-post or delete the job. <o:p></o:p></li> </ol> Representations, Responsibilities and Covenants of Referring Individuals and Job Applicants<o:p></o:p> <ol start=1 type=1> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l5 level1 lfo17;tab-stops:list .5in'>You understand and agree that you are solely responsible for the content and accuracy of any information provided to WDYKFD in connection with your use of the Services, including without limitation, any information or materials that you submit, upload, or otherwise provide to WDYKFD, or other Users of the Services or third parties ("Submissions"). <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l5 level1 lfo17;tab-stops:list .5in'>You authorize WDYKFD to use your Submissions, as WDYKFD deems, in its sole discretion, necessary to operate the Services. You represent, warrant and covenant to WDYKFD (a) that such Submissions will not infringe, violate or conflict with any right of any third party in any manner or to any extent whatsoever, and (b) that you have the authority and right to use and submit such Submissions in connection with your use of the Services, and (c) if you are acting on behalf of another person or entity, that you have the authority to act on behalf of such entity or person. <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l5 level1 lfo17;tab-stops:list .5in'>You shall maintain the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify WDYKFD of any unauthorized use of your registration or password. <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l5 level1 lfo17;tab-stops:list .5in'>You shall comply with all Terms, Conditions, Rules, Regulations or other obligations set forth in this Web Site, and any amendments, additions or other modifications thereto as may be posted from time to time. WDYKFD reserves the right to make any amendments, additions or other modifications to these Terms and Conditions, or any other part of this Web Site, at any time, and without notice.<o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l5 level1 lfo17;tab-stops:list .5in'>You understand and acknowledge that WDYKFD does not monitor or control the behavior of users and Companies on WhoDoYouKnowForDOUGH.com; as such, YOUR USE OF THE WEB SITE, THE SERVICES AND/OR ALL INFORMATION AND MATERIALS CONTAINED THEREIN IS AT YOUR OWN RISK. NO OPINION, ADVICE, OR STATEMENT OF WDYKFD OR ITS USERS, SUPPLIERS, ADVERTISERS, SPONSORS OR AGENTS, WHETHER MADE ON THE WEB SITE, THE SERVICES, OR OTHERWISE, SHALL CREATE ANY REPRESENTATION, WARRANTY OR GIVE RISE TO ANY LIABILITY ON THE PART OF WDYKFD.<o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l5 level1 lfo17;tab-stops:list .5in'>You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the web Site and/or the services, and all charges related thereto. You assume total responsibility and risk for your use of the Web Site and the services and your reliance thereon.<o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l5 level1 lfo17;tab-stops:list .5in'>Indemnity. You hereby agree to defend, indemnify, and hold harmless WDYKFD and its officers, directors, employees, and agents, from and against any and all demands, liabilities, judgments, damages, losses, costs, expenses, claims and settlements (including without limitation reasonable legal fees and expenses), arising out of, resulting from or in any way connected with your use of this web site and its services. <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l5 level1 lfo17;tab-stops:list .5in'>RELEASE. You hereby, release WDYKFD and its officers, directors, employees, and agents from any and all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the WDYKFD web site, or in connection with your contact with or relationship to any user, Company or other individual or entity connected or related thereto. You hereby release WDYKFD from any responsibility or liability for any costs or expenses that you may incur or have incurred in connection with the hiring process or with a breach of any employment contract. <o:p></o:p></li> <li class=MsoNormal style='mso-margin-top-alt:auto;mso-margin-bottom-alt:auto; mso-list:l5 level1 lfo17;tab-stops:list .5in'>You acknowledge that any Referral Dough that may be owed to you pursuant to your use of this Web Site is solely the obligation of the Company to whom a successful referral is made. Under no circumstances shall WDYKFD be liable for payment of Referral Dough or for payment of any other fees whatsoever. You hereby release WDYKFD and its officers, directors, employees and agents from any and all claims or demands for Referral Dough or any other fees of any kind.<o:p></o:p></li> </ol> Rules and Regulations; Restrictions on Use<o:p></o:p> <![if !supportLists]>1.       <![endif]>WDYKFD authorizes you to use the Services only for the purpose of locating, referring and/or applying as a Candidate for Listings that are posted on the Web Site. <o:p></o:p> <![if !supportLists]>2.       <![endif]>Except as expressly authorized herein, you may not copy, reproduce, republish, upload, post, sell, distribute, download or transmit materials from the Web Site or the Services in any way. You further agree not to decompile, disassemble or reverse engineer any Materials or other elements of the Web Site or the Services, or to attempt to do so. <o:p></o:p> <![if !supportLists]>3.       <![endif]>Web Site Security Rules. You 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", "mail bombing" 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. WDYKFD 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 to the fullest extent of the law. <o:p></o:p> <![if !supportLists]>4.       <![endif]>You further agree not to:<o:p></o:p> <![if !supportLists]>·         <![endif]>Post, transmit or use any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; <o:p></o:p> <![if !supportLists]>·         <![endif]>Post a sexually-explicit image or statement; <o:p></o:p> <![if !supportLists]>·         <![endif]>Post advertisements or solicitations of business;<o:p></o:p> <![if !supportLists]>·         <![endif]>Post chain letters or pyramid schemes; <o:p></o:p> <![if !supportLists]>·         <![endif]>Post material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.<o:p></o:p> <![if !supportLists]>·         <![endif]>Impersonate any person or to misrepresent an affiliation with any person or entity or register an e-mail address with WDYKFD which you do not own or have authority from the owner to register or to use; <o:p></o:p> <![if !supportLists]>·         <![endif]>Post any incomplete, false or inaccurate biographical information; <o:p></o:p> <![if !supportLists]>·         <![endif]>Delete or change any Material or anything posted by any other user; <o:p></o:p> <![if !supportLists]>·         <![endif]>Harvest or collect information about users or print out or otherwise copy, or use, any information about Candidates for employment for purposes other than consideration of such Candidates for employment; <o:p></o:p> <![if !supportLists]>·         <![endif]>Take any action, which imposes an unreasonable or disproportionately large load on this Web Site's infrastructure; <o:p></o:p> <![if !supportLists]>·         <![endif]>If you have a password allowing access to a non-public area of this Web Site, disclose to or share your password with any third parties or using your password for any unauthorized purpose; <o:p></o:p> <![if !supportLists]>·         <![endif]>Infringe upon any copyright, trademark, service mark, patent, trade secret or other intellectual property right of any person in any manner; <o:p></o:p> <![if !supportLists]>·         <![endif]>Use 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. <o:p></o:p> <![if !supportLists]>·         <![endif]>Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Web Site. Framing of or linking to any of the Web Site Content or information available from the Web Site. <o:p></o:p> <![if !supportLists]>·         <![endif]>Violate any privacy, publicity or other personal rights of any person; <o:p></o:p> <![if !supportLists]>·         <![endif]>Remove or alter any copyright, trademark, service mark, patent or other proprietary indicia and notices contained in the Web Site or the Services; <o:p></o:p> <![if !supportLists]>·         <![endif]>Engage in any unlawful activity or other activity that we deem inappropriate in our sole discretion; or<o:p></o:p> <![if !supportLists]>·         <![endif]>Resell or make any commercial use of the Services. <o:p></o:p> <![if !supportLists]>5.       <![endif]>While using the Web Site or the Services, you agree to comply with all applicable law, rules and regulations, including without limitation, any law, regulation or ordinance prohibiting discrimination in recruiting or hiring. <o:p></o:p> WDYKFD Reservation of Rights, disclaimer of Representations and Liabilities<o:p></o:p> <![if !supportLists]>1.       <![endif]>WDYKFD reserves the right, in its sole discretion, and at any time without notice to:<o:p></o:p> <![if !supportLists]>·         <![endif]>Add to, modify or otherwise change these or any Terms, Conditions, Rules, Regulations or any other particulars connected with or related to this Web Site;<o:p></o:p> <![if !supportLists]>·         <![endif]>Add to, modify or otherwise change the Web Site or the Services, including without limitation, eliminating or discontinuing any content, service, or feature of the Services. <o:p></o:p> <![if !supportLists]>·         <![endif]>Reject, remove, add or change any Listing from the Services at any time.<o:p></o:p> <![if !supportLists]>·         <![endif]>Expel any user. <![if !supportLineBreakNewLine]> <![endif]><o:p></o:p> Any changes that we make will be effective immediately, and the revised Terms will be available on our Web Site and/or through links sent via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. You should review these Terms periodically to ensure familiarity with the most current version of the Terms and whenever you submit or respond to a Listing, since you will be bound by the Terms then in effect at the time of your use. Upon our request, you agree to sign a non-electronic version of these Terms.<o:p></o:p> <![if !supportLists]>2.       <![endif]>WDYKFD does not represent or guarantee the truthfulness, accuracy, timeliness, or reliability of communications posted by users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. <o:p></o:p> <![if !supportLists]>3.       <![endif]>WDYKFD acts as a passive conduit for the online distribution and publication of user-submitted information and does not screen or monitor communications or information posted by users. Although WDYKFD reserves the right to remove any submissions, postings or other communications which it determines, in its sole discretion, violates the letter or spirit of these Terms and Conditions, WDYKFD shall not be obligated to remove any such material, and shall not be liable to any person or entity who claims injury or damage as a result of such material, communications, content or postings.<o:p></o:p> <![if !supportLists]>4.       <![endif]>WDYKFD reserves the right, to be exercised in its sole discretion, to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. WDYKFD may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for WDYKFD or may cause WDYKFD to lose (in whole or in part) the services of its ISPs or other suppliers. <o:p></o:p> <![if !supportLists]>5.       <![endif]>All submissions, creative ideas, inventions, suggestions, materials, content, or other material submitted or posted on the WDYKFD Web Site shall be the property of WDYKFD. Except as otherwise provided on this Web Site with respect to Privacy, 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 Submission. WDYKFD shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. <o:p></o:p> WhoDoYouKnowForDOUGH.com Disclaimer of Liability <o:p></o:p> <![if !supportLists]>1.       <![endif]>WDYKFD is not involved in the actual transaction between Companies and Candidates. As a result, WDYKFD has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Companies to offer job opportunities to Candidates or the ability of Candidates to fill job openings, or the identity or authenticity of users, applicants, companies, jobs or other entities or individuals using this Web Site. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. IN NO EVENT SHALL WDYKFD, OR ANY OF IT'S OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, PROFITS, OR DATA) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, THE SERVICES, THIS AGREEMENT OR ITS IMPLEMENTATION, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, THE SERVICES, AND/OR MATERIAL ACCESSED IN CONNECTION THEREWITH IS TO STOP USING THE WEB SITE AND/OR THE SERVICES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF WDYKFD FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE ONE HUNDRED DOLLARS ($100.00). <o:p></o:p> <![if !supportLists]>2.       <![endif]>WDYKFD is not to be considered to be a potential employer with respect to your use of the Web Site and WDYKFD shall not be responsible for any employment decisions, for whatever reason made, by any entity posting jobs on the Web Site. <o:p></o:p> <![if !supportLists]>3.       <![endif]>WDYKFD DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER 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, WDYKFD IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WDYKFD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WDYKFD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. <o:p></o:p> <![if !supportLists]>4.       <![endif]>WDYKFD makes no representations or warranties whatsoever that you will locate an acceptable Candidate for employment using the Services, nor does WDYKFD make any representations or warranties regarding any person or entity that a Company contacts, interviews or hires. <o:p></o:p> <![if !supportLists]>5.       <![endif]>WhoDoYouKnowForDOUGH.com shall not be liable for any Referral DOUGH reward fees being disbursed. Users shall look only to Companies for payment of Referral Dough. By using this Web Site, You expressly release WDYKFD from liability for payment of any fees.<o:p></o:p> <![if !supportLists]>6.       <![endif]>WDYKFD shall not be liable to any party for breach by you relating to any employment agreement or arrangements, and you hereby agree to defend, indemnify and hold WDYKFD harmless from and against any and all such claims. <o:p></o:p> <![if !supportLists]>7.       <![endif]>Your use of the Services shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between you and WDYKFD (other than the relationship between WDYKFD and you entered into by virtue of your agreement to these Terms). WDYKFD shall not be liable for any use made by any person other than WDYKFD of any information or other material that you submit to WDYKFD. <o:p></o:p> <![if !supportLists]>8.       <![endif]>BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR OF LIABILITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.<o:p></o:p> Privacy <o:p></o:p> <![if !supportLists]>1.       <![endif]>The privacy policy on the Web Site represents the policy of WDYKFD only. You acknowledge, understand and agree to cooperate with our policies with respect to the collection and use of personal information, including Submissions, as set forth in our Privacy Policy (see Privacy Policy). <o:p></o:p> <![if !supportLists]>2.       <![endif]>User Information. When you register with the Web Site, you will be asked to provide WDYKFD with certain information including, without limitation, a valid e-mail address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the WDYKFD may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. WDYKFD reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by WDYKFD or by third parties. Please see the Company's Privacy Policy for further details regarding your Information. <o:p></o:p> Links to Third-Party Web Sites <o:p></o:p> WDYKFD MAY FROM TIME TO TIME PROVIDE LINKS TO THIRD-PARTY WEB SITES FROM OUR WEB SITE OR IN CONNECTION WITH OUR SERVICES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE OTHER USERS. IF YOU DECIDE TO ACCESS SUCH LINKED THIRD-PARTY WEB SITES, YOU DO SO AT YOUR OWN RISK. THE INCLUSION OF ANY SUCH LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY THAT WDYKFD ENDORSES SUCH THIRD-PARTY WEB SITE OR THE CONTENT THEREOF. <o:p></o:p> WDYKFD IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OF ANY LINKED THIRD-PARTY WEB SITE OR ANY LINK CONTAINED IN SUCH LINKED THIRD-PARTY WEB SITE, AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (AND DISCLAIMS ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE CONTENT OR PRIVACY POLICIES OF, OR THE ACCURACY OF ANY MATERIALS ON, SUCH THIRD-PARTY WEB SITES. <o:p></o:p> Promotions <o:p></o:p> From time to time, Companies may sponsor sweepstakes, contests, or other promotions for Candidates (collectively, the "Promotions") in conjunction with the Services. Participation in any such Promotion accessible through the Services is governed by applicable rules. By participating in any Promotion, you become subject to such rules and all applicable laws and regulations. You should read such rules and review our Privacy Commitment, which, in addition to these Terms, governs any information you submit in connection with any Promotion. <o:p></o:p> Void Where Prohibited <o:p></o:p> Although the Web Site is accessible worldwide, the Services may not be available to all persons in all geographic locations or jurisdictions. WDYKFD reserves the right to limit the availability of the Web Site and/or the provision of the Services to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. <o:p></o:p> Any offer for any product or service made in the Web Site or in connection with the Services is void where prohibited. By choosing to access the Web Site or use Services from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. <o:p></o:p> Ownership <o:p></o:p> All materials including text, logos, graphics, photographs, video clips, images, button icons, sounds, audio clips, software and other items displayed and distributed as part of the Web Site or the Services (the "Materials") are the property of WDYKFD or of the party supplying such information to WDYKFD, and are protected by U.S. and international copyright, trademark, service mark and other laws. The compilation of the Materials (meaning the collection, arrangement and assembly of the Materials) is the exclusive property of WDYKFD and is protected by U.S. and other copyright laws. "WhoDoYouKnowForDough.com," its picture logo, and "Because it's who you know, not what you know" are all trademarks and /or service marks of PAGE Consulting, L.L.C. <o:p></o:p> Miscellaneous <o:p></o:p> <![if !supportLists]>1.       <![endif]>Governing Law, Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey. Each party to these Terms hereby submits to the exclusive jurisdiction of the state and federal courts sitting in New Jersey, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. <o:p></o:p> <![if !supportLists]>2.       <![endif]>Severability. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. <o:p></o:p> <![if !supportLists]>3.       <![endif]>No waiver of any breach of these Terms shall be effective unless made in writing and signed by an authorized representative of the waiving party. The waiver by either party of any breach of these Terms shall not operate or be interpreted as a waiver of any other or subsequent breach. <o:p></o:p> <![if !supportLists]>4.       <![endif]>No assignment by Users, Companies. These Terms and any rights, licenses, and/or obligations hereunder may not be assigned, delegated, or otherwise transferred by you to any third party. <o:p></o:p> <![if !supportLists]>5.       <![endif]>Each party to these Terms is acting as an independent contractor, and nothing in these Terms shall create or be construed to create any partnership, joint venture, agency, franchise, or employment relationship between the parties. <o:p></o:p> <![if !supportLists]>6.       <![endif]>Notices. Notices may be sent via e-mail, and such notice shall be deemed given upon receipt of an automated confirmation of e-mail delivery, and if sent by certified mail or courier, upon reasonable confirmation of receipt. <o:p></o:p> <![if !supportLists]>7.       <![endif]>Entire Agreement. These Terms, and any separate, executed Agreement concerning your use of the Services, set forth the entire understanding and agreement of the parties and supersede any and all prior or contemporaneous agreements or understanding, written or oral, between the parties as to the subject matter of these Terms. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein. <o:p></o:p> Termination and Violation of Terms and Conditions <o:p></o:p> You may discontinue use of the Web Site or the Services at any time. However, your covenants, rights and responsibilities with respect to your prior use of this Web Site shall be ongoing. WDYKFD reserves the right, in its sole discretion, to terminate the provision of any Services to you, to remove any Listing, and to prevent your further access to the Web Site, the Services and any Materials or Listings, at any time with or without cause. WDYKFD also reserves the right, in its sole discretion, to remove from the Web Site or the Services, any Listing, materials or information that constitutes a violation of these Terms (without any liability whatsoever for the protection or safekeeping of such removed information). All information and referrals will then become the property and ownership of WDYKFD. <o:p></o:p> Should any person, User, or Company violate the "Terms and Conditions," they will be subject to immediate removal from all privileges to the site.<o:p></o:p> </div> </body> </html>

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