TERMS AND CONDITIONS

Terms of Use

Welcome to the Terms of Use (“Terms of Use”) for the ursusinc.com web site and services powered by Ursus Inc. These Terms of Use describe the terms and conditions governing individuals or entities using, accessing, or communicating through this web site (“you” or “User”).

Please read these Terms of Use carefully, as they contain important restrictions and limitations on Ursus Incorporated liability. If you do not accept these Terms of Use, do not use the Ursus.com web site and services.  By using the Ursus.com web site, you are indicating your acceptance of these Terms of Use as written.

Ursus may revise these Terms of Use at any time by posting the amended terms and/or conditions on the Ursus.com web site.  You should review these Terms of Use periodically because they are binding on you when you are accessing or using the Ursus.com web site and services.  These Terms of Use were last revised on July 11, 2007.  You may contact a Ursus team member via our Contact Us Form or call +1.415.529.4590 for more information.

1. Eligibility for Use.  Ursus’s services are available only to individuals or entities that can form legally binding contracts under applicable law.  Without limiting the foregoing, our services are not available to minors.  If you do not qualify, please do not use our services.  Ursus may refuse our services to anyone at any time, in our sole discretion.

2. Use of Material.  Ursus authorizes the User to view and temporarily download a single copy of the materials (including but not limited to documents, text, logos, HTML code, graphics, button icons, sounds, audio clips, images, software and other items) that are made available by Ursus on this site (the “Materials”) solely for your personal, non-commercial use. All Materials included on this site are the property of Ursus or its content suppliers and protected by U.S. and international copyright laws.  The compilation (meaning the collection, arrangement and assembly) of all Materials on this site is the exclusive property of Ursus and protected by U.S. and international copyright laws.  All software used on this site is the property of Ursus or its software or content suppliers and protected by U.S. and international copyright laws.  Other than temporary downloads as necessary to access this site (which will only be stored as long as is necessary for such access), the Materials on this site may not be copied, distributed, downloaded, transmitted, modified, posted, published, reproduced, reused, republished, reposted, uploaded, displayed, sold, publicly performed or otherwise used without the express written permission of Ursus.  The use of the Materials on any other web site or in a networked computer environment is prohibited.Trademarks, service marks, slogans, graphics, logos and service names of Ursus used on this site may not be used in connection with any product or service that is not owned by Ursus, in any manner that is likely to cause confusion among Ursus’s clients, candidates or customers, or in any manner that disparages or discredits Ursus.  All other product and service marks contained on this Web site are the trademarks of their respective owners.

3. Permitted Use of Web Site.  This web site, the Ursus.com domain, related domains, and the Materials included on this site (collectively, the “Site”) may be used only for lawful purposes by persons or entities seeking (or supporting) our services in a lawful manner. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is not authorized by these Terms of Use.  It is the User’s responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior, express written permission from Ursus for any uses not permitted or not expressly specified in these Terms of Use.

4. Prohibited Uses of Web Site.  In connection with your use of the site, you will not:
a. Post, transmit, distribute, store, upload or destroy material (i) in violation of any applicable local, state, national or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others. b. Post or transmit any message, information, data, text, software or images, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable or that may invade another’s right of privacy or publicity.c. Impersonate any person or entity, including without limitation an Ursus employee or agent, an authorized user of the Site, a job applicant, or an employer, or otherwise misrepresent your affiliation with any person or entity. d. Post or transmit any content that you do not have a right to use, disclose, reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure or confidentiality agreements). e. Post any incomplete, false, or inaccurate information or information that is not for your own personal use in seeking employment on a full-time or part-time basis on your own behalf. f. Respond to any employment opportunity on the Site for any reason other than to apply for the particular job. Communications soliciting an employer’s business by competitors of Ursus are prohibited. g. Delete or modify any material posted by any other person or entity. h. Print out, download or otherwise copy or use any personally identifiable information about candidates for employment other than you. i. Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities. j. Register an e-mail address that you do not own or do not have the express permission of the owner to register. k. Violate or attempt to violate the security or integrity of the Site, including, without limitation:
accessing data not intended for the User or logging into or otherwise accessing a server or account which the User is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Site, overloading, continuous posting of repetitive text, “flooding”, “spamming”, “mailbombing” or “crashing”;
attempting to decipher, decompile, disassemble or reverse engineer any of the content or software comprising or in any way making up a part of the Site;
sending unsolicited advertising, promotional materials, e-mail, “junk mail”, “chain letters”, or any other form of solicitation; or
forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of site, system or network security may result in civil or criminal liability. Ursus may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5. Privacy Policy.  Please see the Ursus Privacy Policy on this site for information on Ursus’s collection and use of information.

6. User Communications.  In the event that you transmit e-mail, instant messages or any other message, information, feedback, data, question, comments, suggestions or other items to this site (including the Ursus.com domain), or to any related or affiliated site, such communication shall become the property of Ursus and may be utilized by Ursus in connection with its operations, services and business, and Ursus shall have the unrestricted right to any ideas, concepts, know-how, software, documentation, diagrams, drawings or techniques contained in your communication in any manner and for any purpose whatsoever including, but not limited to, developing, creating or marketing our products and services.

7. User Submissions.  As a user of the site, you are responsible for your own communications and are responsible for the consequences of their transmittal or posting. Ursus does not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by any user or endorse any opinions expressed by any user. You acknowledge that any reliance on material posted or provided by other users will be at your own risk. Ursus has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by any user. If notified by a user of communications that may not conform to these Terms of Use, Ursus may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. Ursus is not liable or responsible to any user for performance or nonperformance of such activities. Ursus reserves the right to expel any user and prevent their further access to the site for violating these Terms of Use or any law, and the right to remove communications which are abusive, illegal or disruptive.You understand and agree that by submitting Content to any public area of the site, including any message boards, forums, contests or chat rooms, you grant Ursus and its affiliates the royalty-free, perpetual, irrevocable, 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 user to access, display, view, store and reproduce such Content for personal use.

8. Resumes.  You understand and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein submitted, uploaded or otherwise posted by you on the site. You also understand and agree that your resume may be forwarded, transmitted or ported to third party clients of Ursus or other third parties (which may include recruiters and placement consultants).

9. Employment Conditions.  In the event that User obtains an offer for employment from Ursus or a Ursus third-party client through use of this site, User may be required as conditions of employment or continued employment to: (i) provide certain information to the potential employer, including without limitation a job application, I-9 Employment Eligibility Verification form, W-4 form, and forms related to benefit selection; and (ii) authorize the potential employer to verify to its satisfaction certain background information, including without limitation personal employment history, credit history, and criminal background.

10. Assumption of Risk.  THE SITE AND THE MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. URSUS MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE MATERIALS, AND USE OF THE SITE AND THE MATERIALS IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SITE AND MAY BE MADE AT ANY TIME BY URSUS. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THE RISKS OF PHYSICAL HARM, DEALING WITH STRANGERS, FOREIGN NATIONALS, UNDERAGE PERSONS, OR PEOPLE ACTING UNDER FALSE PRETENSES. URSUS CANNOT AND DOES NOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE. EMPLOYMENT OPPORTUNITY POSTINGS AND LISTINGS, ARE THE SOLE RESPONSIBILITY OF THE ENTITIES ASSOCIATED WITH SUCH POSTINGS AND LISTINGS, WHICH ARE THIRD-PARTY CLIENTS OF URSUS. USER ACKNOWLEDGES AND AGREES THAT URSUS MAKES NO REPRESENTATIONS ABOUT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR TIMELINESS OF SUCH POSTINGS, INCLUDING WITHOUT LIMITATION THE EXISTENCE AND AVAILABILITY OF ANY SUCH EMPLOYMENT OPPORTUNITIES AND THE ACCURACY AND TRUTHFULNESS OF ANY LISTED EMPLOYMENT OPPORTUNITY DESCRIPTIONS AND SALARIES. URSUS SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS MADE, FOR WHATEVER REASON, BY ANY ENTITY POSTING EMPLOYMENT OPPORTUNITIES OR OTHER INFORMATION ON THE SITE. IN ADDITION, NOTHING IN THESE TERMS OF USE SHALL BE CONSTRUED TO GUARANTEE EMPLOYMENT FOR ANY USER FOR ANY PARTICULAR PERIOD OF TIME. FURTHER, USER ACKNOWLEDGES AND AGREES THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT OR AGENCY RELATIONSHIP EXISTS BETWEEN USER AND URSUS AS A RESULT OF THESE TERMS OF USE OR YOUR USE OF THE SITE.

11. Third-Party Products.  THIS SITE CONTAINS THIRD-PARTY PRODUCTS AND SERVICES. THE MENTION OF THIRD PARTIES AND/OR INCLUSION OF THEIR RESPECTIVE PRODUCTS OR SERVICES IS NEITHER A RECOMMENDATION NOR AN ENDORSEMENT OF SUCH THIRD PARTIES OR THEIR PRODUCTS. ALL THIRD-PARTY PRODUCTS MUST BE ORDERED DIRECTLY FROM SUCH THIRD PARTIES OR THEIR REPRESENTATIVES AND ALL LICENSES AND WARRANTIES RELATING TO SUCH THIRD-PARTY PRODUCTS, IF ANY, ARE BETWEEN YOU AND SUCH THIRD PARTY. URSUS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD-PARTY PRODUCT OR SERVICE AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS OR DATA CONTAINED IN ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES.

12. Links to Third-Party Sites.  THIS SITE CONTAINS LINKS TO THIRD-PARTY WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK TO A THIRD-PARTY SITE DOES NOT IMPLY ENDORSEMENT BY URSUS OF SUCH THIRD-PARTY SITE OR THE CONTENTS THEREOF. URSUS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED THIRD-PARTY SITE OR ANY LINK CONTAINED IN SUCH LINKED THIRD-PARTY SITE, AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTS OR ACCURACY OF MATERIALS ON SUCH THIRD-PARTY SITES. IF YOU DECIDE TO ACCESS LINKED THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.

13. Disclaimer and Limitation of Liability.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY URSUS, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. URSUS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SYSTEM OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIALS ACCESSIBLE FROM THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST URSUS AS THE SYSTEM PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THIS SITE. URSUS MAKES NO WARRANTIES WHATSOEVER THAT YOU WILL OBTAIN ANY EMPLOYMENT VIA THIS SITE, NOR ANY WARRANTIES ABOUT (AND TAKES NO RESPONSIBILITY FOR) ANY EMPLOYMENT YOU MAY OBTAIN.  URSUS DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, TRUTHFULNESS OR USEFULNESS OF ANY INFORMATION, DATA, APPARATUS, PRODUCT, SOFTWARE OR PROCESS USED OR DISCLOSED ON THIS SITE OR ANY OTHER MATERIALS ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL URSUS BE LIABLE FOR ANY LOST OPPORTUNITIES, INCOME OR REVENUE OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE IT (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF URSUS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.   BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN URSUS’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES FOR ALL CLAIMS ARISING FROM THE USE OF THE SITE OR THE MATERIALS SHALL BE LIMITED TO U.S. $100.00.

14. Termination.  Ursus reserves the right, at its sole discretion, to terminate your ability to access the site and/or any other service provided to you by Ursus.

15. Indemnity.  User agrees to defend, indemnify, and hold harmless Ursus, its officers, directors, employees, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the site or the Materials or your breach of these Terms of Use. Ursus shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

16. Other Agreements with Ursus.  The terms and conditions of these Terms of Use are in addition to and do not supersede any other binding agreements between the User and Ursus.