Thank you for visiting Guidant Group’s
GuidantGroup.com website(s) and application(s) (the “Site”).
It is important for you to
understand and agree to the terms under which Guidant Group offers
access to, and services on, the Site. Please read the following terms of
use for the Site carefully, and indicate your agreement with them by
clicking on the “Accept” button. By doing so, your acceptance
constitutes an “electronic signature” under applicable law, and confirms
your legal agreement to these Terms of Use. As used in these Terms of
Use, if you are an individual, “you” refers to you personally, and if
you are accessing the Site on behalf of a business, “you” refers to you
and your company both.
You and Guidant Group agree to the following:
Services
You may be using the Site in order conduct business with
Guidant Group from time to time (together, the “Services”). Your use of the
Services, as well as your use of the Site, will be governed by these Terms of
Use.
Login and Passwords
You will need a password and user name to login to the Site
and to use the Services. You should update and change your password regularly,
and whenever you think that your login is no longer secure.
You will be responsible for maintaining the confidentiality
of your user name and password. You will not allow anyone else to use your user
name or password to login to the Site or use the Services. You will notify us
immediately if you know or have reason to believe that someone else is using
your user name or password to access the Site.
You are responsible for all actions taken using your
password, whether by you or someone other than you. Guidant Group will not be
liable for your failure to comply with this section of the Terms of Use.
Information You Supply
You will provide Guidant Group with accurate and truthful
personal or business information about yourself, including but not limited to:
When required or appropriate, your name, address, employment
history, educational background, and any other information relevant to the
employment relationship; and/or
Your name, company name, address, billing information, and
e-mail address, sufficient for us to send you correspondence and/or to bill you
for Services you may use or purchase.
This information will not be false, misleading, or
fraudulent.
You understand that all job postings, resumes, messages,
information, text, files, images, photos, video, sounds, or other materials
("Content") that you post on, transmit through, or submit through or to the Site
are your sole responsibility. You
are responsible for the legality, reliability, appropriateness, originality and
copyright of all Content you submit. You grant Guidant Group a nonexclusive,
worldwide, royalty-free license to (in any media now known or not currently
known or invented) link to, utilize, use, copy, exploit, and prepare derivative
works of the Content.
Any Content that you submit is provided on a
non-proprietary and, except as stated in our Privacy Policy, non-confidential
basis.
Guidant Group makes no representation or warranty as to the
accuracy, completeness or authenticity of the information that you or any other
user of GuidantGroup.com may submit.
You agree that any Content you submit through
GuidantGroup.com may be used, disclosed, or distributed by Guidant Group in its
discretion, including, but not limited to:
If You Are an Individual:
-
Guidant Group customers;
-
Entities that provide services to Guidant
Group or its customers;
-
Governmental departments or agencies;
-
If you purchase goods or services from us,
banks, credit card companies, or other financial institutions;
or
-
Background check and credit reporting
agencies.
If You Are a Business:
-
Other companies, such as staffing companies
and managed service companies, with which CORESTAFF does
business; or
-
Individuals, such as job candidates and
prospective and current CORESTAFF employees considering
assignment to or employment with you.
You also understand that Guidant Group may delete, store,
or archive data contained on the Site, including any Content you provide. You
agree that Guidant Group may do so without any notice or liability to you.
As discussed below, you agree that you will not upload,
post or otherwise make available through our Services or on the Site any
material protected by copyright, trademark, or any other proprietary right
without the express permission of the owner of such copyright, trademark or
other proprietary right, and you have the burden of determining that any
material is not protected by any such right.
You will be solely liable for any damage resulting from any infringement
of copyrights, trademarks, proprietary rights, or any other harm resulting from
any Content. You represent and
warrant that: (i) you own the Content submitted by you on or through the Site or
otherwise have the right to grant the license set forth in this section, and
(ii) the posting of your Content on or through the Site does not violate the
privacy rights, publicity rights, trademark rights, copyrights, contract rights
or any other rights of any person. You agree to pay for all royalties, fees, and
any other monies owing any person by reason of any Content posted by you to or
through the Site.
Guidant Group will not be responsible for any unauthorized
access to, or alteration of, your Content, for any material, information or data
sent or received by you (regardless of whether the data is actually received by
Guidant Group), for any transactions entered into through this Site, or for any
failure by you to abide by these Terms of Use.
Privacy Policy
Your use of the Site and the Services is governed by
Guidant Group’s Privacy Policy (the “Privacy Policy”).
The Privacy Policy is available at
http://www.GuidantGroup.com and by request, and contains additional terms
and conditions that are binding on you. Please read the Privacy Policy
carefully.
Dealings with Third Parties
In using the Site, you may be interacting with third
parties, such as companies that do business with Guidant Group or provide
services to us. Guidant Group may, in accordance with the Privacy Policy,
transmit to those third parties the Content you submit to us through the Site.
While Guidant Group has every reasonable confidence in the integrity of those
with which it does business, it is not responsible for their actions. As a
result, in the event of a dispute between you and any such third party with
respect to actions taken by that third party using your Content, you agree that
any legal action will be exclusively between you and the third party, will not
involve Guidant Group, and will not create any liability for Guidant Group.
Links to Other Websites
This Site or our Services may contain links to other
websites that are not owned or operated by Guidant Group (“Third Party
Websites”) and some of our Services or certain areas of the Site may allow you
to conduct transactions or purchase goods or services from or through such Third
Party Websites. Guidant Group is providing access to the Third Party Websites as
a convenience to you, and we do not make verify, make any representations, or
take any responsibility for Third Party Websites. Any reference to any product,
process, publication, or service of any third party, by trade name, trademark,
service mark, domain name, logo, manufacturer or otherwise available on the Site
or through the Services does not constitute or imply Guidant Group’s approval or
recommendation.
Your dealings with third parties through the Site are
solely between you and the third party. You will direct any complaints,
concerns, claims, or suits directly to those third parties, and will not involve
or hold Guidant Group responsible in any way.
YOU AGREE THAT Guidant Group WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS,
SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY WEBSITES OR
THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY DAMAGES RELATED THERETO, OR
FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR INCONNECTION WITH
YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY
THIRD PARTY.
General Use Restrictions
You will be permitted to download one copy of designated
materials provided on or through the Site, on a single computer, for personal,
non-commercial use only. You will not remove any copyright or other proprietary
notices. With respect to materials you download from the Site, you may not: (i)
modify them; (ii) use them in any unauthorized fashion; (iii) use them on any
other website or in any other publication; or (iv) resell or redistribute them.
You will not copy, license, sell, transfer, make available, distribute, or
assign your right to use the Services or the materials on this Site to any third
party.
Except as specifically granted in these Terms of Use, you
have no right, title, or interest in or to the Site, the Site’s contents, or the
Services. All rights of ownership and use of the Site remain exclusively with
Guidant Group.
Restrictions on Use
You agree not to do any of the following while using this
Site:
Intentionally or unintentionally violate any applicable law
or regulation.
Impersonate, falsely state, or otherwise misrepresent your
affiliation with a person or entity; or harass defame, abuse, threaten, or
otherwise violate the legal rights (such as rights of privacy and publicity) of
others, or interfere with another user's use and enjoyment of the Site and/or
Services.
Submit or use personal or identifying information about
another person.
Access, tamper with, or use non-public areas of this Site,
the Services, or Guidant Group’s computer systems, or interfere with or disrupt
servers or networks connected to the Services or violate the regulations,
policies or procedures of such networks. Unauthorized individuals attempting to
access or tamper with these areas may be subject to prosecution and their rights
to use this Site and Services will be terminated immediately without notice.
Knowingly or intentionally transmit any material that
contains software viruses or other harmful or deleterious computer code, files
or programs such as trojan horses, worms, time bombs or cancelbots.
Reverse engineer, decomplile, disassemble, reproduce, or
modify any aspects of the Site. You will not use any robot, spider,
search/retrieval application, or other device or process to retrieve, index,
data mine, or in any way reproduce or circumvent the structure of Site or its
contents.
Attempt to gain unauthorized access to the Site or
Services, other passwords, accounts, computer systems or networks connected to
the Services, through password mining or any other means.
Resell any content accessed through the Site and/or
Services or any aspect of this Site without Guidant Group’s prior written
consent.
Create Internet “links” to this Site or our Services or
“frame” or “mirror” any material, content or information contained on, or
accessible from or on any other server or Internet-based device connected to,
this Site and/or the Services.
Infringe any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships.
Post off-topic messages on any forums we may provide.
This list of prohibitions provides examples and is not
complete or exclusive. Guidant
Group reserves the right, in its discretion, to (a) terminate your access to the
Site and/or Services and/or your ability to post to the Site or the Services and
(b) refuse, delete, remove or move any submissions or Content, in whole or in
part; with or without cause and with or without notice, for any reason or no
reason, or for any action that Guidant Group determines.
Guidant Group may report to law enforcement authorities any actions that
may be illegal, and any reports it receives of such conduct.
When legally required or at Guidant Group’s discretion, Guidant Group
will cooperate with law enforcement agencies in any investigation of alleged
illegal activity on the Internet.
These prohibitions do not require Guidant Group to monitor,
police or remove any content or other information submitted by you or any other
user. Guidant Group does not and cannot review all content that is submitted or
posted to the Site and/or through the Services.
Disclaimer of Warranties
While Guidant Group uses reasonable efforts to provide
accurate and up-to-date information on our Site and through use of our Services,
Guidant Group makes no warranties or representations as to its accuracy and the
information on the Site or through use of our Services, including, without
limitation, submissions which have not been verified or authenticated in whole
or in part by Guidant Group.
Guidant Group assumes no liability or responsibility for any errors or
representations in of any content appearing on our Site or available through use
of our Services, whether provided by Guidant Group, our licensors or the users
of the Site and/or Services.
Guidant Group does not warrant the accuracy, timeliness, availability or
adequacy of any information, facts, views, opinions, statements or
recommendations contained on the Site or in the content and information provided
on the Site or through use of the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS
SITE, THE SERVICES, MATERIALS, CONTENT, AND ANY INFORMATION OR MATERIAL
CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS,
ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” AND “WHERE IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE
FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, Guidant Group, FOR
ITSELF AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. Guidant Group DOES
NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE
INSTALLED ON YOUR COMPUTER. Guidant
Group, FOR ITSELF AND ITS LICENSORS, DOES NOT MAKE ANY GUARANTEES IN CONNECTION
WITH THIS SITE, THE SERVICES, ANY MATERIALS, THIRD PARTY CONTENT, AND ANY
INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING, WITHOUT
LIMITATION, SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS
SITE.
Waiver of Consequential Damages
UNDER NO CIRCUMSTANCES WILL Guidant Group BE LIABLE FOR ANY
INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, PROFITS,
REVENUE, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF THE USE, OR THE
INABILITY TO USE, THE SITE, SERVICES, MATERIALS OR ANY INFORMATION CONTAINED OR
PRESENTED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, WHETHER
UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF Guidant Group OR A Guidant Group AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and
jurisdictions do not allow the exclusion or limitation of liability, so the
above limitations may not apply to you.
Confidentiality
Depending on your use of the Site or our Services, you may
become privy to confidential business information of or about Guidant Group’s
customers. You agree not to use, disclose, disseminate, publish, or
misappropriate any confidential business information about any Guidant Group
customer you may learn. You also agree that should you breach this
confidentiality requirement, you may be subject to a suit, including an
injunction or temporary restraining order, by Guidant Group’s customer.
Copyright and Proprietary Rights
The names Guidant Group, its logos, products, and service
names are all trademarks, service marks, and trade names (collectively, the
"Marks") of Guidant Group, Inc.
There may be other Marks on this Site which belong to their other respective
owners, who have granted Guidant Group the right and license to use such Marks.
Guidant Group's failure to display the trademark symbols at every use
does not invalidate their ownership status. Site users are responsible for
labeling their own products, services, or other listings. Guidant Group has no
obligation, assumes no risk or obligation, and expressly disclaims any liability
for or associated with protection of your intellectual property rights.
This Site and our Services and its content are protected by
United States and international copyright and other laws. Unless otherwise
specified in these Terms of Use, all information and screens appearing on this
Site or through our Services, including documents, services, site design, text,
graphics, logos, images and icons, as well as the arrangement thereof, are the
sole property of Guidant Group. You
may print and download portions of Guidant Group copyrighted material solely in
connection with your use of this Site and/or the Services, and you agree not to
change or delete any proprietary notices, trademarks, and the like from any
materials. Any other copying,
redistribution, publication, or retransmission of any portion of this material
is strictly prohibited without Guidant Group's express written consent.
Except as otherwise required or limited by applicable law, any
reproduction, distribution, modification, retransmission, or publication of any
copyrighted material is strictly prohibited without the express written consent
of the copyright owner or license.
Copyright and Trademark Infringements
Guidant Group respects the intellectual property of others,
and we require you to do the same. If you believe that your work is the subject
of copyright infringement and/or a trademark infringement and appears on our
Site, please provide Guidant Group’s copyright agent the following information:
A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient to
permit Guidant Group to locate the material.
Information reasonably sufficient to permit Guidant Group
to contact the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted.
A statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law.
A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
Guidant Group’s agent for notice of claims of copyright or
trademark infringement on this Site can be reached as follows:
By mail:
Guidant Group, Inc.
Marketing Department
3414 Peachtree Road, NE
Suite 650
Atlanta, Georgia 30326
By telephone:
(404) 920-6167
Electronically:
Via the Contact Us portion of our website
Please also note that for copyright infringements under
Section 512(f) of the Copyright Act, any person who knowingly materially
misrepresents that material or activity is infringing may be subject to
liability.
Counter-notification:
If you elect to send us a counter notice, to be effective
it must be a written communication provided to our designated agent that
includes substantially the following (please consult your legal counsel or see
17 U.S. C. Section 512 (g)(3) to confirm these requirements):
A physical or electronic signature of the user.
Identification of the material that has been removed or to
which access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled.
A statement under penalty of perjury that the user has a
good faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled.
The user’s name, address, and telephone number, and a
statement that the user consents to the jurisdiction of the U.S. District Court
for the judicial district in which the address is located, or if the user’s
address is outside of the United States, for any judicial district in which the
service provider may be found, and that the user will accept service of process
from the person who provided notification or an agent of such person.
Such written notice should be sent to our designated agent
as follows:
By mail:
Guidant Group, Inc.
Marketing Department
3414 Peachtree Road, NE
Suite 650
Atlanta, Georgia 30326
By telephone:
(404) 920-6167
Electronically:
Via the Contact Us portion of our website
Please note that under Section 512(f) of the Copyright Act,
any person who knowingly materially misrepresents that material or activity was
removed or disabled by mistake or misidentification may be subject to liability.
Only the intellectual property rights owner may report
potentially infringing items through Guidant Group’s reporting system set forth
above. If you are not the intellectual property rights owner, you should contact
the intellectual property rights owner and they can choose whether to use the
procedures set forth in these Terms of Use.
Connectivity Requirements
You are responsible for providing and maintaining, at your
own option and expense, all hardware, software and communication lines required
to access and use this Site and the Services. We reserve the right to change the
configuration at any time. Guidant Group will not be liable for any damage to
any of your hardware or software caused or potentially caused by using the Site.
Changes to these Terms of Use
Guidant Group may revise, change, amend, or modify these
Terms of Use at any time, for any reason. Any such revisions, changes,
amendments or modification will become effective immediately upon being posted
on the Site. It is your responsibility to remain apprised of any changes to
these Terms of Use.
Indemnification
You will, to the maximum extent permitted by law, defend,
indemnify, and hold harmless Corporate Employment Resources, Inc. and its
corporate parents, affiliates and subsidiaries and their respective past,
present, and future employees, officers, directors, agents, attorneys,
successors and assigned from and against all claims, suits, damages, costs, fees
(including attorneys fees) arising from or in any way related to your use of the
Site or the Services, your breach of these Terms of Use, or your negligence or
willful misconduct.
Governing Law and Binding Arbitration
These Terms of Use will be governed by and construed in
accordance with the laws of the State of Texas, without regard to the choice or
conflicts of law provisions of any jurisdiction.
Except as provided herein, all disputes relating in any
way, directly or indirectly, to Guidant Group for breach of contract, breach of
fiduciary duty, negligence, personal injury, intentional torts or other tort
will be subject to arbitration. All arbitration proceeding shall be conducted
according to the rules of the American Arbitration Association (“AAA”) in
Houston, Texas, including any dispute about the scope of this arbitration
agreement, and including all questions about the types of disputes that are
subject to this arbitration agreement, all of which you agree will be decided by
the arbitrators, whose decision will be final and binding on you. Any issue
concerning the extent to which a dispute is subject to arbitration, or
concerning the applicability, interpretation or enforceability of this
agreement, including any contention that all or part of this agreement is
invalid or unenforceable, shall be governed by the Federal Arbitration Act and
resolved by the arbitrators.
You acknowledge and agree that, in any arbitration
proceeding, no depositions will be taken, and all other forms of discovery of
facts will be limited to those things that the arbitrators determine, in their
sole discretion, to be necessary. Further, in any arbitration proceeding, (i)
there shall be no award of punitive, exemplary, incidental or consequential or
other special damages and (iii) the parties will conduct the arbitration
confidentially and expeditiously and will pay their own costs and expenses of
arbitration, including their own attorneys’ fees. If you are unable to afford
the AAA fee, you agree to notify all persons against whom you have an arbitrable
claim and give such persons the opportunity individually and as a group to pay
such fee. The proceeding and the decision shall be kept confidential by the
parties. All claims you may have under these Terms of Use much be brought within
one (1) year of the date on which the claim first arose.
Notwithstanding the foregoing, the parties agree that
Guidant Group shall have the right to seek a temporary or permanent injunction
(or other equitable relief), and file the necessary underlying lawsuit, in any
court having jurisdiction over the parties as necessary to protect Guidant Group
intellectual property rights or confidential information.
Local Laws: Export Control
Guidant Group controls and operates this Site from its
headquarters in the United States of America and the materials and content
provided on the Site or through the Services may not be appropriate or available
for use in other locations. If you use this Site outside the United States of
America, you are responsible for following applicable local laws.
General
If you violate these Terms of Use, Guidant Group may
terminate, block, or suspend your access to this Site without notice and in its
sole discretion. Guidant Group prefers to advise you of your inappropriate
behavior and to recommend any necessary corrective action. However, certain
violations of these Terms of Use, as determined by Guidant Group, may result in
immediate termination of your access to this Site. Guidant Group has the right
to terminate any password-restricted account for any reason. These Terms of Use
set forth the entire agreement between you and Guidant Group about this Site and
supersedes all previous or contemporaneous agreements, representations,
understandings, or terms, written or oral. No joint venture, partnership,
employment, or agency relationship exists between you and Guidant Group as a
result of these Terms of Use or use of the Services. If any provision of these
Terms of Use is found to be invalid or unenforceable by a court of competent
jurisdiction, all remaining provisions shall continue in full force and effect,
and such provision shall be construed, as nearly as possible, to reflect the
intentions of the parties. The failure of Guidant Group to enforce any right or
provision herein or to act with respect to a breach by you does not constitute a
waiver of such right or provision or our right to act with respect to subsequent
or similar breaches. The proprietary rights, disclaimer of warranties,
representations made by you, indemnities, limitation of liability, and general
provision shall survive any termination of these Terms of Use. If you are
accessing the Site on behalf of a company or business, you represent that you
have the authority necessary to agree on behalf of that company or business to
these Terms of Use.
Questions or Additional Information
If you have question regarding these Terms of Use or wish
to obtain additional information, please utilize the Contact Us portion of the
website.